Mark N. Mallery

Shareholder || New Orleans

Mark Mallery is the Founding Shareholder of the firm’s office in New Orleans, where he has practiced labor and employment law for over twenty-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 the youngest employer-side Louisiana 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.

Learn more about Mark N. Mallery

Reported Cases

  • 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 BL 157355, 2014 EXC 10085 (E.D. La. 2014) (dismissing terminated instructor’s Falst Claims Act and Louisiana state law whistleblower suit)
  • Thomas v. ITT Educational Services, 517 F. Appx. 259 (5th Cir. 2013), (cert. denied, 134 S. Ct. 785, 187 L. Ed.Zd 597 (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 various claims; favorable jury verdict obtained on remaining claims, aff’d 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)
  • 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.L 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.L. a. 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 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 offensive 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).


  • J.D., University of Mississippi, 1986
  • B.B.A., Mississippi State University, 1983

Admittance to Practice

  • Louisiana
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit

Professional Activities

  • Louisiana State Bar Association, Labor and Employment Law Section
  • New Orleans Bar Association
  • Louisiana Association of Business and Industry, Right-To-Work Committee District Chair
  • The College of Labor and Employment Law Fellow
  • American Bar Association, Member, Labor & Employment Law Section, Section Publications Committee Chair (2011-2014)
  • Trial Institute of the American Bar Association Section of Labor & Employment Law, Employer Co-Chair (2016 to present)
  • Co-Chair, 4th Annual ABA Section CLE Conference (2009-2010)
  • Vice-Chair, 3rd Annual ABA Section CLE Conference (2008-2009)
  • Management Chair, ABA Committee on Employment Rights and Responsibilities (ERR) (2007-2008)
  • ERR Program Chair (2005-2006)
  • ERR Administrative Chair (2002-2004)
  • ERR Membership Chair (1998-2001)
  • ERR Privacy and Collateral Torts Subcommittee Chair (1992-1997)
  • Management Co-Chair, ABA Section Marketing Committee’s Membership Subcommittee (2002-2004)
  • Chair, Employment Rights and Responsibilities Basics Seminar (2003)
  • Chair, Employment Litigation Skills Training Seminar (2002)
  • Chair, ABA/EEO Liaison Committee (2010-present)
  • Co-Chair of Employer Group – ABA Section of Labor and Employment Law Trial Institutes Task Force


  • Ogletree Deakins Workplace Strategies Seminar - "How You Ask the Question Matters: Effective Investigation Interviews" - Phoenix - May 11, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "In Search of the Truth: Foolproof Interview Techniques for Workplace Investigations" - San Diego - May 3, 2017
  • 2011 - BNA and ABA 2011 (Regional Editor) - "Employment At Will: A State-by-State Survey"
  • 2003 - BNA and ABA, 2003 Supp. (Editor in Chief) - "Employment Termination: Rights and Remedies"
  • 2002 - BNA - Negligence in Employment Law - "Remedies for Employer Negligence (Chapter 7)"
  • 1999 - Twelfth Annual Carl A. Warns, Jr., Labor and Employment Law Institute - "Resolution of Labor Employment Disputes - The Choice of Process in the 1990's and Beyond"
  • 1997 - The Labor Lawyer 12 Lab. Law 475 - "Report on the Growing Tension Between the First Amendment and Harassment Law"
  • May/June 1996 - HR Advisor: Legal & Practical Guidance's - "Employee Privacy Issues Relating to Medical Information"
  • 1996 - ABA - "Attorney's Guide to Drugs in the Workplace"
  • June 1995 - Balanced Health Report - "Privacy Concerns of Mental Illness"
  • 1995 - American Bar Association - "Employee Duty of Loyalty: A State-by-State Survey"
  • 1994 - The Labor Lawyer 10 Lab. Law 588 - "Employee Rights and Responsibilities"
  • 1989 - The Labor Lawyer (co-author) 5 Lab. Law 115 - "Ethical Considerations in the Joint Representation of Supervisors and Employers in Sexual Harassment Cases"
  • 1988 - 1990 - Louisiana State Bar Association's Manual of Recent Developments in The Law - "Recent Developments in Labor Relations and Employment Law"
  • 1985 - Mississippi Law Journal 55 Miss. L.J. 735 - "Supreme Court Review - Administrative Law"
  • May 1, 2012 - Fox 8 - "Companies and Employees Are Learning the Potential Danger of Mixing Business and Personal Devices"

Ranked in Chambers USA

Best Lawyers Award Badge

The College of Labor and Employment Lawyers Logo

  • Fellow, The College of Labor and Employment Lawyers
  • Best Lawyers in America
  • Louisiana Super Lawyer (2007-present)
  • Chambers USA
  • Who’s Who Legal: Management Labour & Employment (2015)
  • AV Preeminent Rating by Martindale-Hubbell