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 thirty 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 a 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

Education

Admittance to Practice

Professional Activities

  • Louisiana State Bar Association, Labor and Employment Law Section
  • New Orleans Bar Association
  • Louisiana Association of Business and Industry (LABI), Employee Relations Council Chair
  • 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

Speeches