When disputes arise, he protects companies' interests in federal and state court, arbitration, and before government agencies such as the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, and the National Mediation Board.
As a counselor, Mark offers high-level strategic advice to clients in response to a broad range of employment law issues. He advises clients on employment law compliance, best employment practices, employee hiring and termination, protection of intellectual property, restrictive covenants, and business expansions and reductions-in-force. He regularly guides companies through internal investigations and sensitive government audits of alleged individual and class discrimination, wage and hour compliance, and independent contractor issues. He also provides proactive employment and labor law training to all levels of management.
As a litigator, Mark defends companies in employment disputes before state and federal courts and administrative agencies, including in cases involving allegations of age, race, national origin, disability, and sex discrimination, harassment, retaliation, alleged violations of wage and hour laws, and breach of restrictive covenants and other employment agreements. He has litigated claims under Title VII, the ADEA, the ADA, the FLSA, FMLA, and the WARN Act.
In traditional labor law, Mark represents clients in the airline, manufacturing, education and hospitality industries in union organizing drives, ongoing collective bargaining, and labor disputes. He has extensive experience in labor arbitrations concerning hiring, discipline, termination, layoff, and interpretation of collective bargaining agreements.
During law school, Mark served as the Executive Notes and Comments Editor for the New York Law School Journal of International and Comparative Law.
- In 2012, Mark assisted an international designer and manufacturer of ergonomic office products in navigating complex European Union regulatory requirements applicable to its overseas business.
- In 2011, Mark assisted the national airline of a Pacific island nation in evaluating proposed labor legislation and negotiated a collective bargaining agreement for the pilots of the airline.
- In March 2012, Mark won a federal appeal before the Third Circuit Court of Appeal in a case of alleged race discrimination against an airline. He had won the early dismissal of the claim in a federal trial court in New Jersey in October 2011, prior to any discovery.
- In January 2012, Mark won complete summary judgment for the employer in complex federal litigation involving union work jurisdiction claims and alleged unpaid pension and welfare fund contributions totaling $4.7 million.
- In October 2011, Mark won the early dismissal of a race discrimination claim pending in federal court in New Jersey, prior to any discovery.
- In the summer of 2011, Mark served as lead counsel in guiding a major U.S. airline through union organizing efforts, to a successful conclusion.
- Mark successfully finalized the negotiation of a collective bargaining agreement for the unionized pilots of an international airline in November 2011.
- In December 2011, Mark won a four-month labor arbitration in New York involving mass layoffs and highly technical successorship issues.
- Quoted, "ADA Changes Spark Surge of Leave Suits Against Employers," Law360, February 19, 2013
- Contributing Editor, The Developing Labor Law, 2008
- Associate Editor, Employment Law Strategist, 2002 to 2006
- "Representation Matters Before the National Mediation Board," "Airline and Railroad Labor and Employment Law: a Comprehensive Analysis," American Law Institute, Washington, D.C., October 11, 2102
- "Navigating the Tax Consequences of Employee Misclassification," Association of Corporate Counsel Greater New York Chapter - New York, New York, December 8, 2011
- "Keeping Your Company's Intellectual Property Safe," First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey, December 1, 2011
Honors and Awards
- "2012 New York Rising Stars – Metro" by Law & Politics magazine