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.

Learn more about Mark G. Kisicki
  • 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.

Education

  • J.D., magna cum laude, Pepperdine University School of Law, 1990
  • B.A., History and Political Science, University of California, Los Angeles, 1987

Admittance to Practice

  • Arizona
  • California
  • U.S. District Court, District of Arizona
  • U.S. District Court, Central, Eastern, Northern and Southern Districts of California
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Fourth, Fifth, Ninth and District of Columbia Circuit
  • Supreme Court of Arizona
  • Supreme Court of California

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 3, 2014
  • Ogletree Deakins Seminar - "Really – There’s More! What to Expect from the NLRB in the Coming Year" - Scottsdale - October 3, 2014
  • Ogletree Deakins Labor and Employment Counsel Exclusive - "Federal Agencies' Joint Employer Paradigm Shift: Potential Change Impact All Employers" - Dana Point - September 18 - 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 - 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 6, 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 4, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - "Federal Employment Law Update" - Philadelphia - September 23 - 24, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - "IRCA Update" - Philadelphia - September 23 - 24, 2013
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner - "Negotiating and Drafting Union Contracts" - Philadelphia - September 23 - 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 - "Drafting Collective Bargaining Agreements from A to Z" - Philadelphia - June 13 - 15, 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 - 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 - 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 - 15, 2012
  • Ogletree Deakins Workplace Strategies Seminar - "Playing With a Full Deck: The Obama NLRB With Five Members" - Phoenix - May 10 - 11, 2012
  • 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 - 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 - 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "Drafting Collective Bargaining Agreements from A to Z" - Washington - January 21 - 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "The Warn Act" - Washington - January 21 - 23, 2010
  • ALI-ABA Employment & Labor Relations Law for the Corporate Counsel - "The Warn Act" - Washington - January 21 - 23, 2010
  • ALI-ABA Employment and Labor Law Update for the Corporate Counsel - "Drafting Collective Bargaining Agreements from A to Z" - Washington, D.C. - January 21 - 23, 2010
  • September 21, 2015 - Record Reporter - "Potential control may lead to joint employer status"
  • 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"
  • March 5, 2019 - SHRM Online - "DOL Will Propose Limiting Joint-Employer Overtime Liability"
  • February 4, 2019 - SHRM Online - "NLRB Chairman Defends Proposal to Define ‘Joint Employer’"
  • January 28, 2019 - SHRM Online - "NLRB Scales Back Employee Protections"
  • November 6, 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"
  • September 13, 2018 - Nation's Restaurant News - "NLRB proposes new joint-employer rule"
  • September 13, 2018 - Bloomberg BNA - "Trump Administration Moves to Limit Franchiser Labor Liability"
  • September 13, 2018 - Business Insurance - "NLRB proposing rule restoring joint-employer status standard"
  • August 13, 2018 - SHRM Online - "NLRB May Grant Employers More Leeway in Restricting E-Mail Usage"
  • August 8, 2018 - SHRM Online - "Employees Secretly Record Managers for Litigation"
  • July 9, 2018 - SHRM Online - "What Does the Supreme Court’s Union Dues Ruling Mean for HR?"
  • June 14, 2018 - SHRM Online - "NLRB Gives Employers More Freedom with Employee Handbooks"
  • June 7, 2018 - SHRM Online - "NLRB Chairman: Proposed Joint-Employer Rule Coming Soon"
  • February 22, 2018 - Law360 - "4 Things To Know As NLRB Joint Employer Saga Continues"
  • January 2, 2018 - SHRM Online - "NLRB Makes Change Easier for Unionized Employers"
  • December 20, 2017 - Waste Dive - "Industry hopes to seal the deal with joint employer legislation"
  • December 18, 2017 - Bloomberg Big Law Business - "Joint Employer Reversal Changes Rules for Business"
  • December 15, 2017 - SHRM Online - "NLRB Overturns Obama Administration’s Definition of ‘Joint Employer’"
  • December 15, 2017 - Nation's Restaurant News - "Franchisors 'can be very comfortable' in wake of NLRB reversal"
  • December 15, 2017 - Employment Law Daily - "3-2 NLRB overrules Browning-Ferris"
  • December 15, 2017 - Business Insurance - "Reconfigured NLRB board rolls back Obama-era rulings"
  • December 15, 2017 - Law360 - "5 Questions Raised By NLRB's Joint Employer About-Face"
  • November 8, 2017 - SHRM Online - "House Passes Joint Employer Legislation"
  • July 27, 2017 - Law360 - "New Joint-Employer Bill Has Worker Advocates Leery"
  • March 30, 2017 - SHRM Online - "Company's Nondisclosure Policy OK Despite Broad Language"
  • March 24, 2017 - Law360 - "DC Circ. Nixes Confidentiality Agreement As Too Broad"
  • February 22, 2017 - SHRM Online - "Is Paid Family Leave Becoming a New Standard for Employers"
  • February 20, 2017 - SHRM Online - "Franchisors Shouldn’t Micromanage Franchisees’ Compliance Training"
  • November 22, 2016 - Law.com - "Five Labor and Employment Rollbacks That May Happen Under Trump"
  • November 21, 2016 - Corporate Counsel - "Five Labor and Employment Rollbacks That May Happen Under Trump"
  • November 16, 2016 - SHRM Online - "Trump’s Maternity Leave Proposal May Not Be Popular on Capitol Hill"
  • November 15, 2016 - Bloomberg BNA - "Trump Could Rewrite Rules for Employers"
  • November 11, 2016 - Corporate Counsel - "State Labor and Employment Measures Prevail in Election, Despite Trump Win"
  • October 24, 2016 - SHRM Online - "EEOC’s New Plan Targets Gig Work, Talent Analytics"
  • October 19, 2016 - Law360 - "On-Demand Employers Should Expect More EEOC Scrutiny"
  • October 5, 2016 - Law360 - "Clinton Admin. Would Hit Ground Running On Labor Issues"
  • September 23, 2016 - Law360 - "A Closer Look At Clinton's Labor Positions As Election Nears"
  • August 16, 2016 - SHRM Online - "How Employers Should Respond to ‘Don’t Tread on Me’ Controversy"
  • December 24, 2015 - Law360 - "Labor And Employment Cases To Watch In 2016"
  • December 9, 2015 - Law360 - "The Biggest Employment Cases of 2015"
  • October 6, 2015 - Bloomberg BNA - "Joint Employer Bill Gets Senate Panel Hearing"
  • October 6, 2015 - Employment Law Daily - "NLRB’s new joint employer standard: Flawed or critical to protecting workers’ rights"
  • September 1, 2015 - Bloomberg Business - "Who's the boss? NLRB rules on joint employers"
  • August 27, 2015 - Employment Law Daily - "Now what? Divided NLRB loosens joint employer standard"
  • September 10, 2014 - SHRM.org - "Address Offensive Attire with Dress Code, Nondiscrimination Policy"
  • August 29, 2014 - Corporate Counsel - "NLRB Joint Employer Standard: Not Just for Franchises"
  • July 2012 - Inside Counsel - "Attendance Policy Can Be Enforced Without Violating Employee’s ADA Rights"
  • November 25, 2011 - Phoenix Business Journal - "Health Policies Can Have Ramifications"
  • Ranked in Chambers USA
  • Best Lawyers Award Badge
  • The College of Labor and Employment Lawyers Logo
  • Fellow – The College of Labor and Employment Lawyers (2016)
  • Top 100 Lawyers in Arizona – Arizona Business Magazine (2015)
  • Best Lawyers in America (2013-present)
  • 2015 Phoenix Labor Law – Management “Lawyer of the Year”
  • Chambers USA: America’s Leading Business Lawyers, Labor & Employment (2011-present)
  • Southwest Super Lawyers, Labor & Employment (2008-present)
  • Top 50 Southwest Super Lawyers (2014)
  • AZBusiness Top Lawyers, Labor & Employment (2008-2009)
  • Member, Pepperdine Law Review
  • The Legal 500 United Sates 2016: Recommended in Labor and employment- Labor management relations

Insights by Mark G. Kisicki