Mark N. Mallery

Mark N. Mallery


Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Recognized since 2007

New Orleans, Louisiana

Practice Areas

Employment Law - Management

Labor Law - Management

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Mark Mallery is the Managing 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, 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 Louisiana Fellow in the College of Labor and Employment Lawyers. 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.

Location
  • 701 Poydras Street, Suite 3500
    New Orleans, LA 70139
Education
  • Mississippi State University, graduated 1983
Bar Admissions
  • Louisiana, Louisiana State Bar Association
Affiliations
  • 3rd Annual Section CLE Conference - Vice-Chair
  • 4th Annual Section CLE Conference - Co-Chair
  • ABA/EEO Liaison Committee - Chair
  • American Bar Association - Member
  • Employment Litigation Skills Training Seminar - Chair
  • Employment Rights and Responsibilities Basics Seminar - Chair
  • ERR Privacy and Collateral Torts - Subcommittee Chair (1992-1997)
  • Louisiana Association of Business and Industry - Right-To-Work Committee
  • Louisiana State Bar Association - Member
  • New Orleans Bar Association - Member
  • Section Marketing Committee's Membership Subcommittee - Management Co-Chair
  • The College of Labor and Employment Law - Fellow

Recognized in The Best Lawyers in America® 2024 for work in:
  • Employment Law - Management
  • Labor Law - Management
Special Focus:
  • Class Actions
  • Defense
  • Employee Benefits
  • Employment
  • Labor
  • Litigation
  • Management
  • Trade Secrets
  • Wage-Hour Law
  • Whistleblowers
Awards:
  • Chambers USA
  • Louisiana Super Lawyer (2007-2013)
Additional Areas of Practice:
  • Trade Secrets Law

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Publications

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