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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. 
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

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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