Marc L. Zaken
Marc Zaken is the Managing Shareholder of the Stamford office of Ogletree Deakins. Marc exclusively represents management clients in labor and employment law matters. He has defended employers in discrimination, sexual harassment, wrongful discharge, breach of contract, employment tort and employee benefits litigations in the federal and state courts and before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, and other administrative agencies in Connecticut, New York and throughout the country. Marc also has represented employers in arbitrations, collective bargaining negotiations and proceedings before the National Labor Relations Board, wage and hour matters before the Department of Labor, and affirmative action audits before the Office of Federal Contract Compliance Programs. He has both prosecuted and defended injunction actions in non-competition and non-disclosure cases in federal and state courts. Marc counsels employers on a daily basis regarding the various labor and employment laws, such as Title VII, ADEA, ADA, FMLA, NLRA and ERISA, and has been a frequent speaker before the American Bar Association and meetings of the local bar and other organizations. Marc also litigates commercial disputes concerning breach of contract, torts (such as fraud and defamation) and intellectual property and trade secret related matters.
Marc was named a New England Super Lawyer and a Connecticut Super Lawyer from 2007-2010 by Law & Politics magazine and was recognized in the 2008 and 2009 Super Lawyers Corporate Counsel edition in the area of Employment & Labor. He was listed as a Greenwich Top Lawyer 2011 by Greenwich Magazine. Marc is an AV Preeminent rated attorney, the highest rating given from the respected legal guide, Martindale-Hubbell, in recognition of Marc’s highly regarded legal skills and professional ethics.
- Bhatia v. Pitney Bowes Inc., Case No. 3:04-cv-01484-RNC (D. Conn. 2006), aff'd Case No. 07-0725 (2nd Cir. 2007), obtained dismissal of a suit alleging national origin and race discrimination and retaliation, and the Second Circuit Court of Appeals dismissed the plaintiff's appeal.
- Wright v. Medco Health Solutions of NetPark, Inc., Case No. 04-7797-F (Fla. Jud. Cir. July 2007), obtained defense verdict after four-day jury trial dismissing claims of race discrimination, defamation, invasion of privacy and tortious interference with an advantageous business relationship.
- Coudert v. Janney Montgomery Scott, 2005 U.S. Dist. LEXIS 13323 (D.Conn. 2005), aff'd, 2006 U.S. App. LEXIS 5696 (2d Cir. 2006), motion for summary judgment granted dismissing age and gender discrimination, retaliation and hostile work environment claims, affirmed by Second Circuit Court of Appeals.
- Whittaker v. Aramark Corporation, 2004 U.S. Dist. LEXIS 13730 (D.Conn. 2004), motion to dismiss granted dismissing ADEA claim, wrongful discharge claim and negligent and intentional infliction of emotional distress claims.
- Slootskin v. John Brown Engineering & Construction, 2006 U.S. Dist. LEXIS 9867 (D.Conn. 2006), motion for summary judgment granted dismissing age discrimination claim.
- Bayonne v. Pitney Bowes Inc., 2005 U.S. Dist. LEXIS 2272 (D.Conn. 2005), aff'd, 161 Fed. Appx. 144, 2006 U.S. App. LEXIS 143 (2d Cir. 2006), motion for summary judgment dismissing ERISA and ADA claims, affirmed by Second Circuit Court of Appeals
- Gagnon v. Housatonic Valley Tourism District Commission, 2001 Conn. Super. LEXIS 2268 (2001), aff'd, 92 Conn. App. 835 (2006), motion for summary judgment granted dismissing a nine-count complaint in its entirety, which alleged breach of express and implied contract, breach of the covenant of good faith and fair dealing, wrongful discharge, non-payment of wages and benefits, promissory estoppel, defamation, and intentional and negligent infliction of emotional distress, upheld by Connecticut Appellate Court.
- Elbert v. Connecticut Yankee Council, Inc., 2004 Conn. Super. LEXIS 1924 (2004) motion to strike granted dismissing plaintiff's claims of wrongful discharge, defamation, and false imprisonment, interference with custodial rights, intentional and negligent infliction of emotional distress, negligent supervision and retention, tortious interference with business expectancies and violation of the Connecticut Due Process Clause.
- Chapman v. American Institute of Certified Public Accountants, 2007 WL 1157142 (3rd Cir. 2007) motion for summary judgment granted dismissing race and gender discrimination claims, upheld on appeal by Third Circuit Court of Appeals.
- Success Village Apartments Inc., 350 N.L.R.B. No. 72 (2007), 348 N.L.R.B. No. 28 (2006) and 347 N.L.R.B. No. 100 (2006), successfully defended apartment complex in numerous unfair labor practice hearings before the National Labor Relations Board.
- Uniflex Holdings, Inc., Case No. 29-CA-27718 (NLRB 2007), obtained dismissal of unfair labor practice complaint after a hearing alleging a unilateral change in terms and conditions of employment with respect to pension contributions.
- Vanguard Identification Systems, Inc. v. Goade, 175 Fed.Appx. 578 (3rd Cir. 2006), obtained defense verdict after four-day jury trial dismissing claims of fraud, negligent misrepresentation, fraudulent conveyance, and successor liability in connection with a sale of assets and patent infringement judgment.
Education and Honors
J.D., New York University School of Law, 1982
B.S., Cornell University, 1979
- American Bar Association (Tort and Insurance Practice Section, Employee/Employer Relations Committee, Vice Chair and Past Chair)
- Connecticut Bar Association (Labor and Employment Law Section)
- Connecticut School Attorneys Council (Past President)
- Industrial Relations Research Association (Past President)
- Regional Bar Association (Employment Law Committee Founder and Past Chair)
In The News
- June 20, 2013 - - "Attorneys React To High Court's Arbitration Ruling"
- May 5, 2014 - Ogletree Deakins Publication - "Employee Not Entitled to Compensation for Time Spent Commuting to and from Job Sites and Home in Company Vehicle While Carrying Company Tools"
- December 4, 2013 - Ogletree Deakins Publication - "In Connecticut, Global Release “Non-Binding” with Respect to Workers’ Compensation Claims Until Approved by Commissioner"
- August 15, 2013 - Ogletree Deakins Publication - "Commercial Driver Fired for Driving Under the Influence Eligible for Unemployment Benefits According to Connecticut Supreme Court"
- August 15, 2013 - Ogletree Deakins Publication - "Connecticut Public Policy Supports, and in Some Cases, Requires, Termination of Workplace Harassers"
- April 2007 - The Connecticut Law Tribune (co-author) - "Separation Anxiety"
- November 2006 - The Connecticut Law Tribune (co-author) - "Accused Employees: Innocent Until Proven Guilty?"
- 1997 - Warren, Gorham & Lamont (contributing author) - "Guide To Employment Practices"
- 1995 - Tort and Insurance Practice Section, American Bar Association (contributing author) - "Litigating The Employment Tort Case"