Mark Diana

Shareholder || Morristown

Mark is a shareholder in the firm’s Morristown office and a member of the firm’s Board of Directors. He previously served on the firm’s Compensation Committee for six years and served as Managing Shareholder of the Morristown office for 10 years.

For more than 30 years Mark 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. He represents employers in class and collective action litigation and in novel and complex cases involving mandatory arbitration agreements, independent contractors, and joint employer allegations.

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); designs reduction in force and mandatory retirement policies; drafts and reviews independent contractor, arbitration, restrictive covenant and employment agreements; drafts personnel policies; and assists employers in connection with day-to-day 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, healthcare, pharmaceutical, retail, warehousing, transportation, and manufacturing.


Admittance to Practice

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)



*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

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