Mark Diana

Shareholder || Morristown

Mark has a diverse litigation and counseling practice representing both private and public sector employers.  For more than 25 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, NJFLA, and many other state and federal employment laws); drafts and reviews independent contractor agreements, employment agreements and personnel policies; and assists employers in connection with hiring, leave, 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.

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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, independent contractors, and pension benefit summary plan descriptions.


  • J.D., cum laude, Suffolk Law School, 1988
  • B.S., University of Delaware, 1985

Admittance to Practice

  • New Jersey
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, First, Second, and Third Circuits

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)


  • Corporate Labor and Employment Counsel Exclusive - "Complex Leave Challenges: Round 4 - Return-to-Work Issues" - La Quinta - November 9, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "Preparing Useful and Legally Compliant Job Descriptions" - San Diego - May 5, 2017
  • New Jersey Business and Industry Association - "Hands-On Handbook Clinic" - Monroe - November 20, 2015
  • Ogletree Deakins Labor and Employment Counsel Exclusive - "Online Employment Applications" - Phoenix - November 14, 2015
  • New Jersey Civil Service Commission - "FMLA/NJFLA Training for HR Professionals" - Pines Manor - October 21, 2015
  • Ogletree Deakins Webinar - "Use of Independent Contractors and Temporary Employees in New Jersey" - October 15, 2015
  • New Jersey Civil Service Commission - "FMLA/NJFLA Training" - West Windsor - May 6, 2015
  • Ogletree Deakins Webinar - "Hire Beware: What New Jersey Employers Need to Know About Background Checks and Criminal Record Inquiries" - February 19, 2015
  • New Jersey Business and Industry Association - "Avoiding Lawsuits with Mandatory Arbitration Agreements" - Monroe - April 11, 2014
  • New Jersey Business and Industry Association - "Unauthorized Overtime, Internships and Other Wage and Hour Pitfalls" - Monroe - February 14, 2014
  • New Jersey Business and Industry Association - "Drafting an Effective Employee Handbook" - Monroe - October 2, 2013
  • New Jersey Business and Industry Association - "New Laws You Need to Know" - Monroe - March 13, 2013
  • New Jersey Business and Industry Association - "Troubling Shooting Common Wage and Hour Problems" - Monroe - March 13, 2013
  • Best Lawyers Award Badge
  • Ranked in Chambers USA
  • Selected to the Best Lawyers list, issued by Best Lawyers, LLC*
  • Selected to the Chambers USA list, issued by Chambers & Partners*
  • Selected to the New Jersey Super Lawyers list, issued by Thomson Reuters*
  • AV Preeminent Rating by Martindale-Hubbell*


*No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the following link.

Insights by Mark Diana