Mark N. Mallery

Mark Mallery is the Founding Shareholder of the firm’s office in New Orleans, where he has practiced labor and employment law for more than thirty-five years.

A problem-solver for employers, Mark has acted as lead counsel on complex disputes, including Sarbanes-Oxley whistleblower claims before the Office of Administrative Law Judges; pattern and practice and class based claims prosecuted by the EEOC; collective actions under the Fair Labor Standards Act; and class-based discrimination claims with the U.S. Department of Labor’s Civil Rights Center. Mark has also litigated a variety of “intellectual property” issues, including disputes involving non-compete covenants, trade secrets, non-solicitation of customer and employee agreements, antitrust, confidentiality and proprietary obligations, fiduciary and loyalty duties, and the duty under the antitrust laws to refrain from “predatory hiring.”

On the traditional labor side, Mark has represented management in union organizing campaigns, collective bargaining, work stoppages and unfair labor practice charges. As an advisor to employers, Mark has developed employment practices and systems, has written contracts and employment policies and has trained managers on their implementation.

Mark was the Editor-in-Chief of the treatise, Employment Termination – Rights & Remedies (BNA and ABA, 2nd Ed. Supp. 2003), and has authored many other published articles on employment law issues during his career. He has spoken at dozens of national conferences on employment law issues, including the Georgetown Employment Law & Litigation Institute, the ABA Labor & Employment Law Section’s Annual CLE Conference, the ABA Annual Meeting, the Industrial Relations Research Association’s Annual Meeting, and the LIMRA/LOMA Compliance and Market Conduct Exchange.

Mark is a Fellow in the College of Labor and Employment Lawyers (inducted in 2009). He is also listed in Best Lawyers in America; Louisiana Super Lawyers; International Who’s Who of Management Labour and Employment Lawyers; Chambers USA: America’s Leading Business Lawyers; Corporate Counsel, The Business Magazine for the Chief Legal Officer; Louisiana Life Magazine’s Top Attorneys in Louisiana; and New Orleans Magazine’s Louisiana’s Top Lawyers.

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Experience

Reported Cases

Lynch v. Fluor, No. 2:2019cv13200 (E.D. La. September 23, 2021) (dismissing Title VII and ADEA claims along with request for damages for physical injury under Title VII) and (E.D. La. March 7, 2022) (dismissing claims of harassment based on age, race discrimination, sexual harassment and retaliation)
Sharp v. Melton, 296 So.3d 1135 (La. App. 2d Cir. 2020) (dismissing airport employee’s breach of contract claim and Louisiana tort claim for wrongful termination of her security clearance)
Theriot v. State Farm, 2019 U.S. Dist. LEXIS 51414, 2019 WL 1376126 (W.D. La. Mar. 25, 2019); 2019 U.S. Dist. LEXIS 48386 (W.D. La. Mar. 22, 2019) (granting summary judgment and dismissing claims for an accounting and for attorney fees under insurance agent’s agreement)
DeJan v. Lockheed Martin Corp., 2016 WL 1161284 (E.D. La.) (summary judgment granted in favor of employer in race discrimination case)
Singletary v. Prudential, 105 F.Supp.3d 627, 2015 BL 126593 (E.D. La. 2015) (dismissing employee’s claims under uniformed Services Employment and Reemployment Rights Act of 1994, the Louisiana Military Service Relief Act and the Louisiana Insurance Code)
Aucoin v. Regions, 59 EBC 1142, 2014 BL157355, 2014 EXC 10085 (E.D. La. 2014) (dismissing Board Chairman’s ERISA claim for top-hat plan benefits)
Thomas v. ITT Educational Services, 2013 WL 1189230 (5th Cir. 2013) (cert. denied, 134 S. Ct. 785, 187 L. Ed.Zd597 (2013) (dismissing terminated instructor’s False Claims Act and Louisiana state law whistleblower suit)
Calmes v. JPMorgan Chase, 2013 WL 1856064 (E.D. La. May 1, 2013) (dismissing national account representative’s sexual harassment and retaliation lawsuit)
Deeds v. State Farm, 2012 WL 1150755 (M.D. La. Apr. 5, 2012) (dismissing terminated employee’s disability discrimination and retaliation suit)
Van Hoose v. Gravois, 70 So.3d 1017, 2011-0976 (La. App. 1st Cir. 7/7/11) (dismissing antitrust and unfair trade practice claims)
Gooden v. Regions Bank, 2010 WL 4386859 (M.D. La. Oct. 29, 2010) (dismissing terminated head teller’s race discrimination and retaliation lawsuit)
Greenwell v. State Farm, 486 F.3d 840, 154 Lab.Cas. P 35,289, 12 Wage & Hour Cas.2d (BNA) 963 (5th Cir. 2007) (dismissing terminated employee’s FMLA claim for failure to provide adequate notice of need for leave)
Moore v. State Farm, 439 F.Supp.2d 615, 65 Fed.R.Serv.3d 857 (E.D. La. 2006) (dismissing certain claims via summary judgment; favorable jury verdict obtained on remaining claims, affirmed on appeal)
Felder v. Winn-Dixie, 9 W&H. Cases 2d 585 (E.D. La. 2003) (dismissing FMLA claims)
US GrennFiber v. Brooks, 12 ILR (P&F) 749, 2002 ULRWeb (P&F) 2803, 2002 WL 31834009 (W.D. La. Oct. 25, 2002) (seminal case under Computer Fraud and Abuse Act granting employer’s request for injunction against terminated quality control manager)
Bailey v. CIGNA, 28 EBC 2856 (W.D. La. 2002), aff’d, 87 Fed.Appx. 347, 32 Employee Benefits Cas. 1720 (5th Cir. 2004) (dismissing ERISA claims)
Ware v. Cooper Cameron, 88 FEP Cases (BNA) 1496 (W.D. La. 2002) (dismissing terminated employee’s race discrimination claim)
Whitten v. State Farm, 192 IER Cases (BNA) 240 (W.D. La. 2002) (dismissing retaliation and intentional infliction claims)
Winters v. Cooper Lighting, 7 Wage & Hour Cases 2d (BNA) 639 (S.D. Miss. 2001) (dismissing terminated employee’s punitive damages and infliction of emotional distress claims)
Harris v. State Farm, 178 F.Supp.2d 680, 87 Fair Empl. Prac. Cas. (BNA) 431 (W.D. La. Sep. 13, 2001), cert. denied 537 U.S. 913 (2002), and 17 IER cases BNA 222 (W.D. La. 2000) (dismissing employee’s discriminatory failure-to-promote and defamation claims)
Local 100, Serv. Employees Intl Union, CIO v. Integrated Health Servs., 96 F.Supp.2d 537, 78 Empl. Prac. Dec. P 40,130, 141 Lab.Cas. P 34,123 (M.D. La. May 23, 2000) (dismissing Union’s and employee’s Family and Medical Leave Act claims)
Henson v. Bassett Furniture, 2000 U.S. Dist LEXIS 14877 (E.D. La.) (dismissing intentional interference with contractual relations and infliction of emotional distress claims filed by terminated sales manager)
Bahan v. Louisiana Chapter National Multiple Sclerosis Society, 1998 WL 1020797, 5 Wage & Hour Cas.2d (BNA) 731, 9 A.D. Cases 116 (E.D. La. Apr. 29, 1998) (dismissing terminated executive director’s claims of defamation, infliction of emotional distress and interference with contractual relations)
Gluck v. Casino America, Inc., 20 F.Supp.2d 991, 83 Fair Empl.Prac.Cas. (BNA) 1477 (W.D. La. Sep. 4, 1998) (case of first impression under Louisiana law, dismissing terminated manager’s tort and compensatory damage claims)
Rimcor, Inc. v. Int’l Union of Bricklayers and Allied Craftsmen, 1998 WL 646607, 159 L.R.R.M. (BNA) 2250 (W.D. La. July 27, 1998) (upholding employer’s affirmative assertion of employer’s rights against union under state labor law and employer’s right to file suit against Union to void collective bargaining agreement as violative of Louisiana’s Right-to-Work law)
Stone v. Starnes and Jitney-Jungle Stores of America, 1997 WL 735425, 13 IER Cases 766 (Miss. Cir. Jun. 13, 1997) (dismissing terminated store manager’s state law claims of wrongful termination and workers’ compensation retaliation)
Blouin v. Kaiser Alum, & Chem. Corp., 5 AD Cases (BNA) 546 (E.D. La. 1996), aff’d 103 F.3d 127 (5th Cir. 1996), cert. denied 117 S. Ct. 1554 (1997) (dismissal of Americans with Disabilities Act claim)
Wyatt v. Pride Offshore, Inc., 3 W. & H. Cas. 2d (BNA) 892 (E.D. La. 1996) (dismissing and striking employee’s class action allegations in Fair Labor Standards Act suit)