Mark N. Mallery - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mark N. Mallery

Listed in Best Lawyers since 2007
Phone: 504-648-3840

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.

Mississippi State UniversityBBA 1983University of Mississippi School of LawJ.D. 1986
ABA/EEO Liaison CommitteeEmployment Litigation Skills Training SeminarEmployment Rights and Responsibilities Basics SeminarSection Marketing Committee's Membership SubcommitteeERR Privacy and Collateral Torts 3rd Annual Section CLE Conference4th Annual Section CLE ConferenceThe College of Labor and Employment LawLouisiana Association of Business and IndustryLouisiana State Bar AssociationNew Orleans Bar AssociationAmerican Bar Association

Case History

Other Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
Reported Cases
  • Thomas v ITT Educational Services, 2013 WL 1189230 (5th Cir. La.) Mar 22, 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 01, 2013) (dismissing national account representative's sexual harassment and retaliation lawsuit)
  • Deeds v State Farm, 2012 WL 1150755 (M.D.La. Apr 05 2012) (dismissing terminated employee's disability discrimination and retaliation suit)
  • Leigh Van Hoose v Grant P. Gravois, 70 So.3d 1017, 2011-0976 (La.App. 1 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)
Part 2
  • Greenwell v. State Farm, 486 F.3d 840, 154 Lab.Cas. P 35,289, 12 Wage & Hour Cas.2d (BNA) 963 (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 (dismissing various claims; favorable jury verdict obtained on remaining claims, aff'd on appeal)
  • Felder v. Winn-Dixie, 9 WM. Cases 2d 585 (E,D, La. 2003) (dismissing FMLA claims)
  • US GrennFiber v. Brooks, 2002 WL 31834009 (W.D.La. Oct 25, 2002) (seminal case granting employer's request for injunction against terminated quality control manager)
  • Bailey v. CIGNA, 87 Fed.Appx. 347, 32 Employee Benefits Cas. 1720 (5th Cir.(La.) Feb 03, 2004) (dismissing ERISA claims)
Part 3
  • Whitten v. State Farm, 1.9 TER Cases (RNA) 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) (dismissing employee's discriminatory failure-to-promote and defamation claims)
  • Local 100, Serv. Employees Intl Union, AFL-CIO, et al. 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. Dust LEXIS 14877 (E.D. La.) (dismissing intentional interference with contractual relations and infliction of emotional distress claims filed by terminated sales manager)
Part 4
  • 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.L.a. Sep 04, 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. Jul 27, 1998) (offensive assertion of employer's rights against union under state labor law, upholding 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., 103 F.3d 127 (5th Cir.(La.), Dec 04, 1996) SAD Cases (BNA) 546 (E.D. La. 1996) (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).

Office Location

One Shell Square, Suite 3500
701 Poydras Street
New Orleans, LA 70139
United States

Practice Areas

Employment Law - Management
Labor Law - Management