Marc L. Zaken

Office Managing Shareholder Stamford

Marc Zaken is the Managing Shareholder of the Stamford office of Ogletree Deakins. For over 30 years, Marc has exclusively represented management clients in labor and employment law matters.  He has defended employers in age, sex, race, disability and other discrimination cases, as well as sexual harassment, wrongful discharge, breach of contract, employment tort and employee benefits litigations in the federal and state courts in Connecticut, New York and throughout the country and has appeared before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, and other administrative agencies. Marc also has represented employers in arbitrations, collective bargaining negotiations and proceedings before the National Labor Relations Board, wage and hour matters before the federal and state Departments of Labor, affirmative action audits before the Office of Federal Contract Compliance Programs and workplace safety matters before the Occupational Safety and Health Administration. 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, and 2013-present 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.


Experience

Representative Cases:

  • AT Engine Controls, Ltd. v. Goodrich Pump & Engine Control Systems, Inc., Case No. Case 3:10-cv-01539-JAM (D. Conn. 2014), aff’d Case No.15-179 (2nd Cir. 2016), summary judgment granted dismissing breach of contract, misappropriation of trade secrets and unfair trade practices claims
  • Vidal v. Metro-North Railroad Co., Case No. 3:12-cv-00248-MPS (D. Conn. 2014), summary judgment granted dismissing color, ethnicity and national origin discrimination claims brought by two employees who were denied promotions
  • Torres-Skair v. Medco Health Solutions, Inc., Case No. 8:12-cv-00465-MSS-MAP (M.D. Fla. 2013) aff’d, Case No. 13-14476 (11th Cir. 2014), obtained summary judgment dismissing pregnancy discrimination case, affirmed on appeal by the Eleventh Circuit Court of Appeals.
  • Johnson v. XSE Group, Inc., Case No. MMXCV126008409S (Conn. Sup. Ct. 2015), summary judgment dismissing claim for breach of an employment contract seeking an ownership interest in the company. 
  • Medco Health Solutions of Las Vegas, Inc. v. National Labor Relations Board, Case No. 11-1282 (D.C. Cir. 2012), obtained reversal and remand of National Labor Relations Board order finding client violated labor law by requiring employee to remove provocative clothing
  • 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 granted dismissing ADEA, wrongful discharge, 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.

Professional Activities and Speeches

Professional Activities:

  • 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)

Our Insights

Media

Media Quotes

June 20, 2013 - Law360 - "Attorneys React To High Court's Arbitration Ruling"
April 2007 - The Connecticut Law Tribune (co-author) - "Separation Anxiety"
November 2006 - The Connecticut Law Tribune (co-author) - "Accused Employees: Innocent Until Proven Guilty?"

Published Works

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