For more than 20 years, Mark has represented companies in dealing with a broad range of issues that affect them as employers, from union avoidance campaigns and employment-related litigation to complex cases involving the theft of intellectual property and trade secrets, and litigation under the False Claims Act. Mark’s traditional labor practice is national in scope: he has handled dozens of campaigns against union organizing efforts across the country.
Because the key to employer success – whether that is in the courtroom when defending against individual employee claims or in the conference room when counting ballots after a union election – is having a positive, pro-employee culture, Mark spends a significant portion of his time training managers to be effective communicators and leaders.
Experience
- Served as lead counsel for a large defense contractor in a multi-year litigation under the False Claims Act, which culminated in the Ninth Circuit affirming the district judge’s decisions dismissing the relator’s qui tam claims, granting summary judgment in the client’s favor on the relator’s retaliation claims, and awarding the client more than $300,000 of attorneys’ fees against the relator.
- Led a team of lawyers in representing an international technology company in a trade secrets case against a competitor that had attempted to cripple a high-value department of the client by improperly raiding the entire management team from that department.
- Assisted clients in obtaining injunctive relief against former employees who had stolen trade secrets and/or breached the restrictive covenants in non-compete agreements.
- Successfully opposed actions against employers who had hired former employees of a competitor efforts by former employees.
- Successfully represented clients in union avoidance campaigns in a broad range of industries; including financial services, transportation, health care, defense, manufacturing, communications, solid waste and services.
- Managed successful decertification campaigns to eliminate deleterious union presence.
- Served as the lead negotiator for clients in collective bargaining negotiations.
- Handled dozens of arbitrations under collective bargaining agreements.
- Successfully represented clients in campaigns to decertify unions.
- Handled dozens of cases in federal and state courts involving allegations of discrimination, harassment and/or retaliation.
Arizona
California
Education and Honors
- Best Lawyers in America, Labor Management (2012)
- Chambers USA: America's Leading Business Lawyers, Labor & Employment (2011)
- Southwest Super Lawyers, Labor & Employment (2008-2011)
- AZBusiness Top Lawyers, Labor & Employment (2008-2009)
- Member, Pepperdine Law Review
Professional Activities
- American Bar Association (Labor and Employment Section, Committee on Practice and Procedure Under the National Relations Act.)
- Eighth Annual Labor Relations Conference, May 19, 2011 (Phoenix, AZ)
- Annual Employment Law Update, February 17, 2011 (Washington, D.C.)
- Seventh Annual Labor Relations Conference, May 13, 2010 (Phoenix, AZ)
- ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "Drafting Collective Bargaining Agreements from A to Z" - Washington, D.C. - January 21, 2010 - January 23, 2010
- ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "The Warn Act" - Washington, D.C. - January 21, 2010 - January 23, 2010
- ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "Don't Do It! The Workplace & Polygraphs Just Do Not Mix: The Employee Polygraph Protection Act" - Washington, D.C. - January 21, 2010 - January 23, 2010
- Arizona SHRM State Conference - "Positive Labor Relations in a Negative Legislative Environment" - Phoenix, AZ - September 3, 2009
- ALI-ABA Litigation Employment Discrimination and Employment-Related Claims - "Recent FMLA & ADA Developments" - Scottsdale, AZ - March 5, 2009 - March 7, 2009
- ALI-ABA Litigation Employment Discrimination and Employment-Related Claims - "Harassment in the Workplace" - Scottsdale, AZ - March 5, 2009 - March 7, 2009
- ALI-ABA Employment and Labor Relations Law for the Corporate Counsel - "The Warn Act" - Chicago, IL - May 1, 2008 - May 3, 2008
In The News
- November 25, 2011 - Phoenix Business Journal - "Health Policies Can Have Ramifications"
- October 2011 - Employment Relations Today - "Agencies Respond"
- April 2011 - Employment Relations Today - "The Fall 2010 Elections Affect the Labor and Employment Regulatory Landscape"
- October 2010 - Employment Relations Today - "Federal Regulations Update-Enhanced Whistleblower Protections and DOL’s New Regulatory Agenda Point to Increase Employer Obligations"
- January 2010 - 32nd Annual ALI-ABA Course of Study - "The Warn Act"
- April 2006 - "Trade Secrets & Employee Raiding Update"
