Mark H. Burak
Mark Burak has specialized in the representation of employers in labor and employment matters for over 20 years. Mr. Burak’s practice focuses primarily on defending employers in state and federal courts and before administrative agencies. Mr. Burak has successfully handled cases involving virtually the entire spectrum of employment related laws, with a particular emphasis on discrimination laws. He has tried several cases successfully to conclusion and obtained dismissals or summary judgment on scores of claims.
Mr. Burak devotes a substantial part of his practice to providing employers with practical, business savvy advice on day-to-day employment matters, including policy development, wage/hour matters, privacy, data privacy, implications of social media in the workplace, terminations and internal investigations. Mr. Burak is an accomplished trainer and provides employment law training on a variety of areas, including sexual harassment, diversity and disability leave laws. Mr. Burak’s clients span a number of industries, including life sciences and bio-tech, high technology, healthcare, retail, manufacturing, financial services, and non-profit organizations. He has represented many of his clients for over a decade.
- Oxlaj v. Greencore USA, Inc. (MA Superior Court-Essex) Civil Action ESCV2011-01184-D: Obtained summary judgment on behalf of employer in contentious sexual/national origin harassment and retaliation case.
- Trent v. ADT Security Services (United States District Court MA) Civil Action 1:11-C11912-RGS: Obtained summary judgment on behalf of employer in age, retaliation and wage claim action (2013 WL 4512052).
- Henry v. BJ's Wholesale Company (United States District Court MA) Civil Action 1:12-CV-10620-DJC: Obtained summary judgment on behalf of employer in case alleging racial discrimination, racial harassment and retaliation.
- Terry v. SimplexGrinnell, LP (United States District Court MA) Civil Action 4:11-CV-40117-DS: Obtained summary judgment on behalf of employer in case alleging FMLA interference/retaliation and violations of the ADA (2013 WL 1332240).
- Confidential Matter: In trade secrets/customer privacy case, on behalf of high-tech manufacturer filed litigation against two former company executives and obtained substantial monetary settlement and stipulated agreement from defendants to abide by the terms of their non-solicitation and non-disclosure agreements.
- Mirabel v. Herb Chambers of Auburn, Inc., 2012 WL 859566 (D. Mass. 2012)
- Rodio v. R.J. Reynolds Tobacco Co., 416 F. Supp. 2d 224 (D. Mass. 2006)
- Delegne v. Kinney Systems, Inc., 2004 WL 1881071 (D. Mass. 2004)
- Stokes v. Saga Int'l Holidays, Ltd., 218 FRD 6 (D. Mass. 2003)
- Kifle v. Kinney Systems, Inc., 25 MDLR 252 (MCAD July 17, 2003)
- Flebotte v. Dow Jones & Co., Inc., 51 F. Supp. 2d 36 (Mass. 1999)
- Tomka v. The Seiler Corp., 66 F.3d 1295 (2d Cir. 1995)
- Lysak v. The Seiler Corp., 415 Mass. 625 (1993)
Education and Honors
J.D., magna cum laude, Boston University School of Law, 1991
B.B.A., University of Massachusetts at Amherst, 1987
- Top 100 New England Lawyer by Boston Magazine (2010)
- AV rated by Martindale-Hubbell since 2002
- Super Lawyer (2007-present) (litigation - employment defense)
- Boston Bar Association (Co-Chair Labor and Employment Section (2012-2014), member of Steering Committee (1999-2008; 2012 to present)
- Massachusetts Bar Association (Labor and Employment Section)
- American Bar Association (Labor and Employment Section)
- Human Resources Leadership Forum (Labor and Employment Section)
- Ogletree Deakins Workplace Strategies Seminar - "From Fraud to Harassment: Best Practices in Internal Investigations" - New Orleans - May 2013
- Boston Bar Association - "The Supremes-Review and Preview of Supreme Court and SJC Employment Cases" - Boston - October 2012 / October 2013
- Massachusetts Continuing Legal Education - "What Every Lawyer Needs To Know About Employment Law" - Boston - June 2009 / June 2013
- Boston Bar Association - "The Legal Landscape of Stereotyping and Unconscious Bias Cases" - Boston - June 2009
- Boston Bar Association - "Litigating Wage/Hour, Class/Collective Actions" - Boston - May 2009
- Boston Bar Association - "Employment Law Basics" - Boston - May 2008 / April 2013
- MCLE Employment Law Conference - "Employment Related Tort Claims Update" - Boston - December 2007
- Boston Bar Association - "Handling Retaliation Cases - The Cutting Edge" - Boston - September 2007
- Suffolk University Law School - "Retaliation Claims After White" - Boston - September 2006
- MCLE Employment Law Conference, Massachusetts Continuing Legal Education - "Electronic Discovery Best Practices" - Boston - December 2005
- Suffolk University Law School - "Employment Litigation - Thinking Outside the Box" - Newton - October 2003
- Associated Industries of Massachusetts - "Management 2003, Best Practices in a Competitive Economy" - Boston - May 2003
In The News
- June 9, 2014 - - "Working to Address Employment Issues in Nonprofits"
- February 17, 2013 - - "Exploring the Age Divide in Boston Start-Ups"
- April 20, 2012 - - "Letter Carrier’s Claim of Disability-Based Harassment Properly Dismissed"
- July 24, 2013 - Ogletree Deakins Blog Post - "R.I. Enacts “Ban-the-Box” Law, Limiting Employer Inquiries into Applicants’ Criminal Histories"
- August 17, 2012 - Ogletree Deakins Publication - "New Developments in Rhode Island"
- March 19, 2012 - Ogletree Deakins Publication - "Meal Break Violations Cost A Massachusetts Retailer Almost $500,000"
- November 21, 2011 - Ogletree Deakins Publication - "Massachusetts Passes Legislation to Protect Gender Identity"
- 2008 - Boston Bar Association - "Employment Law Guide: A Practical Guide to Understanding Massachusetts Employment Law"
- March 2007 - New England In-House - "Why Retaliation Claims Are On The Rise and What Employers Can Do About It"
- July 26, 2006 - New England In-House - "Protecting Privileges in Internal HR Investigations: A Primer"