Mark G. Kisicki

Shareholder Phoenix

For 25 years, Mark has helped companies deal 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. Mark’s traditional labor practice is national in scope: he has handled numerous union avoidance efforts, advised clients in decertification campaigns, and negotiated dozens of collective bargaining agreements for clients around the country.

In the past few years, Mark has represented clients in some of the most significant cases before the National Labor Relations Board.


Experience

  • 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.
  • Successfully represented clients in jury and bench trials and NLRB adjudication proceedings.
  • 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’s efforts by former employees.
  • Managed successful decertification campaigns to eliminate deleterious union presence.
  • Served as the lead negotiator for clients in dozens of collective bargaining negotiations.
  • Handled numerous arbitrations under collective bargaining agreements.
  • Handled dozens of cases in federal and state courts involving allegations of discrimination, harassment and/or retaliation.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association, Regional Co-Chair (Labor and Employment Section, Committee on Practice and Procedure Under the National Relations Act)

Speeches:

  • Ogletree Deakins Seminar - ''NLRB Update: The Good, The Bad, and The Ugly'' - Scottsdale - October 26, 2018
  • Ogletree Deakins Seminar - ''The NLRB Under President Trump: A New Course Charted'' - Scottsdale - October 20, 2017
  • Advanced Employment Law and Litigation 2016 - ''State Employment Law Developments Update'' - Washington, D.C. - March 18, 2016
  • Ogletree Deakins Managing a Workforce in 2015 - ''Oh, What A Year! The Latest Developments from the NLRB'' - Scottsdale - October 03, 2014
  • Ogletree Deakins Seminar - ''Really – There’s More! What to Expect from the NLRB in the Coming Year'' - Scottsdale - October 03, 2014
  • Ogletree Deakins Labor and Employment Counsel Exclusive - ''Federal Agencies' Joint Employer Paradigm Shift: Potential Change Impact All Employers'' - Dana Point - September 18 - September 20, 2014
  • Ogletree Deakins Webinar - ''Joint Employers and the NLRB: Potential Changes that may Impact All Employers'' - August 27, 2014
  • Ogletree Deakins Seminar - ''Where the Dice Land: Petitions, ULP Charges, and Remedies at Different NLRB Regional Offices'' - Las Vegas - May 7 - May 9, 2014
  • ALI CLE's Advanced Employment Law and Litigation Seminar - ''Jury Demonstration" and "Arbitration Update'' - Washington, D.C. - February 27 - March 1, 2014
  • ALI CLE Audio Webcast - ''Non-Union Employers Beware: The NLRB Rules That Might Surprise You'' - December 06, 2013
  • Ogletree Deakins Seminar - ''Policing Your Policies: What You Should Be Doing Internally to Monitor Your Practices and Policies, so that an Aggressive Federal Agency Does Not Do It For You'' - Scottsdale - October 04, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''Negotiating and Drafting Union Contracts'' - Philadelphia - September 23 - September 24, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''Federal Employment Law Update'' - Philadelphia - September 23 - September 24, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''IRCA Update'' - Philadelphia - September 23 - September 24, 2013
  • Practice and Procedures Committee Meeting (ABA) - ''Concerted Activity Just Ain't What It Used to Be - And Neither is the NLRA'' - LaCosta - February 22 - March 3, 2013
  • Ogletree Deakins Seminar - ''50 Shades of the NLRB" and "An Ounce of Prevention: Preparing for Union Organizing Before it Begins'' - Scottsdale - October 26, 2012
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''NLRB Representation Election Proceedings: Determining Employee Desires'' - Philadelphia - June 13 - June 15, 2012
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''The Employer's Dilemma: What to do in Anticipation of a Union Organization Campaign'' - Philadelphia - June 13 - June 15, 2012
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''Other Federal Laws and Regulations Affecting the Employment Relationship, Including the WARN Act, IRCA, FMLA, Polygraph Protection Act, and FCRA'' - Philadelphia - June 13 - June 15, 2012
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - ''Drafting Collective Bargaining Agreements from A to Z'' - Philadelphia - June 13 - June 15, 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Playing With a Full Deck: The Obama NLRB With Five Members'' - Phoenix - May 10 - May 11, 2012
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel - ''Drafting Collective Bargaining Agreements from A to Z'' - Washington, D.C. - January 21 - January 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - ''Drafting Collective Bargaining Agreements from A to Z'' - Washington - January 21 - 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 - January 21 - January 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - ''The Warn Act'' - Washington - January 21 - 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 - January 21 - January 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - ''The Warn Act'' - Washington - January 21 - January 23, 2010

Published Works

X

Our Insights

Media

Media Quotes

January 07, 2019 - Reuters - "Q&A: Ogletree’s Kisicki on the impact of D.C. Circuit's 'confusing' joint employment ruling"
November 06, 2018 - Business Insurance - "Proposed NLRB joint employer rule may not need further input"
September 17, 2018 - Employment Law Daily - "A deeper look at the NLRB’s joint-employer proposal"

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