Mark Diana
Profile
Mark has a diverse litigation and counseling practice representing both private and public sector employers. For more than 20 years he has been defending employers in discrimination, harassment, wrongful termination, retaliation, breach of contract, wage and hour, and other employment-related cases before state and federal courts, administrative agencies and arbitration tribunals. Mark also provides counseling and compliance advice to employers with respect to the full spectrum of employment laws (including the ADA, Title VII, FMLA, FLSA, FCRA, WARN, NJLAD, CEPA and many other state and federal employment laws), drafts and reviews employment agreements and policies, and assists employers in connection with hiring, discipline, and termination decisions.
Mark served as a law clerk to the Honorable William M. D’Annunzio, New Jersey Superior Court, Appellate Division, from 1988-1989. He is admitted to practice in New Jersey state courts, the U.S. District Court for the District of New Jersey, and the U.S. Court of Appeals for the Second and Third Circuits.
Experience
Mark represents clients in many different industries, including insurance and financial services, health care, pharmaceutical, retail, warehousing, transportation and manufacturing. He has represented employers in novel cases involving the scope of New Jersey’s discrimination and retaliation laws, mandatory arbitration agreements, and pension benefit summary plan descriptions.
Education and Honors
J.D., cum laude, Suffolk Law School, 1988
B.S., University of Delaware, 1985
* No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the link.
Professional Activities
- American Bar Association (Labor and Employment Law Section)
- New Jersey State Bar Association (Labor and Employment Law Section, former member - Executive Board of the Labor and Employment Law Section)
- Sidney Reitman Employment Law American Inn of Court
- New Jersey Supreme Court Committee on Model Civil Jury Charges (former member, 1998-2006)
In The News
- March 2011 - LJN's Franchising Business & Law Alert - "NJ Proposes to Expand Layoff Warnings to Multi-Unit Operators"
- January 18, 2008 - Law360 - "Religious Accommodations Broaden In N.J. Law"
- April 5, 2013 - Ogletree Deakins Publication - "Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk"
- April 5, 2013 - Ogletree Deakins Publication - "New Jersey DOL Proposes Rule to Require Unemployment Applicants to Register for Work and Engage in Other Work Search Related Activities"
- April 5, 2013 - Ogletree Deakins Publication - "New Jersey DOL Clarifies Overtime Exemption for Employees of Common Carriers of Passengers by Motor Bus"
- April 5, 2013 - Ogletree Deakins Publication - "The “New Jobs for New Jersey Act” Passes in Both the Senate and the Assembly"
- April 5, 2013 - Ogletree Deakins Publication - "FMLA Policy in Handbook Does Not Satisfy Individualized Notice Requirements of FMLA, New Jersey District Court Holds"
- February 2013 - Ogletree Deakins Publication - "Proposed “Ban the Box” Bill Would Greatly Restrict Use of Applicants’ Criminal Background Information by New Jersey Employers "
- February 2013 - Ogletree Deakins Publication - "New Jersey Minimum Wage Hike Now Up to Voters"
- February 2013 - Ogletree Deakins Publication - "Update Regarding New Jersey’s New Pay Equality Notice Law "
- February 2013 - Ogletree Deakins Publication - "New Jersey Bill Seeks to Protect Politically Active Employees from Retaliation"
- February 2013 - Ogletree Deakins Publication - "Bill Would Impose Dual Disclosure Obligations on New Jersey Temporary Help Services Firms "
- February 2013 - Ogletree Deakins Publication - "New Jersey Domestic Violence Leave Bills Amended "
- February 2013 - Ogletree Deakins Publication - "New Jersey Legislature Reintroduces Bill to Provide Unpaid On-the-Job Training to the Unemployed"
- February 2013 - Ogletree Deakins Publication - "CEPA Reasonableness Requires Consideration of Plaintiff’s Background, New Jersey Appellate Division Holds "
- February 2013 - Ogletree Deakins Publication - "New Jersey Trade Secrets Act Does Not Preempt Common Law Claims for Misappropriation of Confidential Information"
- February 2013 - Ogletree Deakins Publication - "Non-Competition Agreement Triggered Upon Break in Service, New Jersey Appellate Division Holds"



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