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Mark A. Fulks

Associate

Mark Fulks represents clients in financial, commercial and employment litigation.

Featured Experience

Represented before the Tennessee Supreme Court an indigent criminal defendant challenging the validity of his judgment of conviction.
Represented before the Tennessee Supreme Court a state-wide organization that was invited by the Court to appear as an amicus curiae.
Represented various financial institutions in foreclosure and receivership proceedings, involving hotels, shopping malls, strip shopping centers, apartment complexes, business parks, and other commercial properties.

Professional Biography

Overview

Based in the Firm's Johnson City office, Mr. Fulks works with financial institutions and special servicers across the country in a broad array of legal matters, including judicial and non-judicial foreclosures, receiverships, lender liability claims, and guarantor recovery. He also defends employers against claims of discrimination, retaliation, and wrongful termination.

Mr. Fulks is a seasoned appellate lawyer, having argued more than 40 cases before the Tennessee Supreme Court and more than 300 cases in the Tennessee Court of Appeals, Tennessee Court of Criminal Appeals, and the U.S. Court of Appeals for the Sixth Circuit. 

He maintains an active pro bono practice, representing indigent clients before the Tennessee trial and appellate courts in various matters, including divorce, conservatorships, and criminal defense.

Mr. Fulks is also a dedicated public servant. He served as a prosecutor in the Criminal Justice Division of the Tennessee Attorney General's Office for more than a dozen years, and he continues to handle criminal prosecutions from time to time as a District Attorney General Pro Tem.

A frequent seminar speaker, Mr. Fulks has lectured for the National College of District Attorneys, the Tennessee District Attorney Generals Conference, the Tennessee Attorney General's Office, the Tennessee Bar Association, the Memphis Bar Association, and the Lebanon Bar Association. Seminar topics have included appellate practice, legal writing, employment law, criminal law, and search and seizure, among others. He has also taught undergraduate courses in American Government, Public Policy, and Law and the Legal System.

Mr. Fulks is the author of more than 20 articles on various legal subjects, including a biography of Judge August Noble Hand and essays on prosecutorial misconduct, libertarianism, strict constructivism and appellate practice.

Representative Matters
  • Represented before the Tennessee Supreme Court an indigent criminal defendant challenging the validity of his judgment of conviction.
  • Represented before the Tennessee Supreme Court a state-wide organization that was invited by the Court to appear as an amicus curiae.
  • Represented various financial institutions in foreclosure and receivership proceedings, involving hotels, shopping malls, strip shopping centers, apartment complexes, business parks, and other commercial properties.
  • Represented various financial institutions in mortgage related-litigation, including claims of lender liability.
  • Represented financial institutions and individuals in property litigation, including actions to quiet title and suits for partition, ejectment, and unlawful and forcible detainer.
  • Represented various business and commercial clients in lawsuits for breach of contract, breach of employment agreement, misrepresentation, fraud, misappropriation of trade secrets, breach of non-compete agreements, breach of confidentiality agreements, intentional interference with business relations, and other tort and contract claims.
  • Represented employers before the Equal Employment Opportunity Commission in defense of charges of discrimination.
  • Represented employers in discrimination, wrongful termination, and retaliation litigation.
  • Represented employers in workers' compensation matters. 
  • Successfully represented a communications company against a former management employee's allegations of disability and age discrimination. Prepared and filed counterclaims seeking disgorgement of severance pay, compensation for breach of loyalty, and lost profits resulting from shirking of management responsibilities. Resolved the complaint and the counterclaims through dismissal with prejudice.
Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Appointed by the Tennessee Supreme Court to serve on the Advisory Commission on the Rules of Practice and Procedure (2016 – 2018)
  • Appointed by the Tennessee Supreme Court to serve as Assistant to the Board of Law Examiners (2015 – 2018)
  • Tennessee Bar Association
    • Faculty Member
    • Chairman – Appellate Practice Section (2012 – 2013)
    • Member – Appellate Practice Section Executive Committee (2008 – present)
    • Member – Criminal Justice Section Executive Committee (2008 – present)
    • Member – CLE Committee (2008 – 2010)
  • American Bar Association
    • Death Penalty Representation Project (2015 – 2016)
    • Litigation Section, Appellate Practice Committee (2012 – present)
    • Labor and Employment Section (2012 – present)
    • Criminal Justice Section, White Collar Crime Committee (2010 – present)
  • Fellow – American Bar Foundation
  • Recognized as an Attorney for Justice by the Tennessee Supreme Court (2014 – 2016) 
  • Integrated Criminal Justice Program Steering Committee (Chairman, 2009 – 2012; Member, 2008 – 2012)
  • Member – Indigent Defense Fund Study Committee (2010)
  • Member – Tennessee Governor's DUI Task Force (2006)
  • Member – American Society for Public Administration (2005 – present)
  • Recipient – Baker Donelson Pro Bono Award (2014 – 2015)
  • Adjunct Professor – Department of Political Science, International Affairs and Public Administration, East Tennessee State University
Publications
Speaking Engagements
  • "12th Annual Virginia Labor and Employment Law Seminar" (September 2017)
  • "Ethics and Professionalism in Legal Writing," Tennessee Bar Association's Court Square Series, Kingsport, Tennessee (September 2016)
  • "Representing Your Client in Federal Court," National Business Institute (December 2015)
  • "Appellate Practice Primer," Williamson County Bar Association (November 2015)
  • "Urgent Issues for Modern Employers" (March 2015)
  • Panelist – "Insights into the Third Amendment," Tennessee Law Review Symposium, "Exploring the Forgotten: A Modern Look at the Third Amendment" (February 2015)
  • "Ethics for Corporate Counsel: Knowing Misrepresentations in Negotiations and Litigation," Society of Independent Gasoline Marketers of America (SIGMA) Marketer Legal Counsel Program (November 2014)
  • "Developments in Federal Evidence," Tennessee Bar Association's Federal Practice Section Annual Seminar (July 2014)
  • "An Empty Head But a Pure Heart is No Defense: Ethics and Professionalism in Appellate Practice," Washington County Bar Association CLE (May 2014)
  • "The Importance of Legal Writing for Career Development: Seven Considerations," Vanderbilt Law School, Nashville, Tennessee (October 2013)
  • "Firearms Laws in Tennessee: A Primer," Tennessee Bar Association's Court Square Series, Kingsport, Tennessee (September 2013)
  • "Workplace Bullying: An Ounce of Prevention," 8th Annual Virginia Labor and Employment Law Seminar, Marion, Virginia (September 2013)
  • "Employee Evaluations: Gold or Dynamite," 17th Annual Labor & Employment Law Seminar, Urgent Issues for Modern Employers, Kingsport, Tennessee (February 2013)
  • "Social Media and Employee Privacy," 7th Annual Virginia Labor and Employment Law Seminar, Marion, Virginia (September 2012)
  • "Preserving Issues for Appeal in the Trial Court: Civil Cases," Tennessee Bar Association online program (January 2011)
  • "Ethics in Civil Appellate Practice: Notice of Appeal," Tennessee Bar Association online program (January 2011)
  • "Ethics in Civil Appellate Practice: Appellate Briefs," Tennessee Bar Association online program (January 2011)
  • "Appellate Practice in Tennessee: Criminal Cases," Tennessee Bar Association online program (January 2011)
  • "Appellate Practice in Tennessee: Civil Cases," Tennessee Bar Association online program (January 2011)

Awards

Education

  • Tennessee State University, Ph.D. Public Administration, 2016
  • Tennessee State University, M.P.A., 2009
  • Tennessee State University, Applied Geospatial Information Systems, 2009
  • University of Memphis, Cecil C. Humphreys School of Law, J.D., 1998
  • University of Tennessee, Knoxville, M.A. Political Science, 1994
  • East Tennessee State University, B.S. English and Political Science, 1991

Admissions

  • Tennessee, 1998
  • Virginia, 2013
  • United States Supreme Court, 2002
  • U.S. Court of Appeals for the D.C. Circuit, 2017
  • U.S. Court of Appeals for the Fourth Circuit, 2014
  • U.S. Court of Appeals for the Sixth Circuit, 2000
  • U.S. District Court for the Western, Eastern and Middle Districts of Tennessee, 1999, 2000, 2001
  • U.S. District Court for the Western and Eastern Districts of Virginia, 2013, 2014

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