Mark Diana

Office Managing Shareholder Morristown

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 First, Second, and Third Circuits.


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.

Professional Activities and Speeches

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)

Our Insights


Media Quotes

July 22, 2014 - Law360 - "Attys Get Cover To Collaborate Under NJ Privilege Ruling"
December 12, 2013 - - "N.J.: Gender Equity Notice Now Available - Employer Obligations Start Jan. 6, 2014"

Published Works