Mark G. Kisicki

Mark G. Kisicki


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

Recognized since 2012

Phoenix, Arizona

Practice Areas

Employment Law - Management

Labor Law - Management

Litigation - Labor and Employment

Lawyer of the Year Badge - 2021 - Labor Law - Management Lawyer of the Year Badge - 2015 - Labor Law - Management
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For more than 20 years, Mark has represented companies in dealing 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, and litigation under the False Claims Act. Mark’s traditional labor practice is national in scope: he has handled dozens of campaigns against union organizing efforts across the country.

Because the key to employer success – whether that is in the courtroom when defending against individual employee claims or in the conference room when counting ballots after a union election – is having a positive, pro-employee culture, Mark spends a significant portion of his time training managers to be effective communicators and leaders

Location

  • Esplanade Center III, Suite 800
    2415 East Camelback Road
    Phoenix, AZ 85016

Education

  • Pepperdine University , J.D., graduated 1990
  • University of California Los Angeles, BA, graduated 1987

Bar Admissions

  • Arizona, State Bar of Arizona
  • California, The State Bar of California

Affiliations

  • American Bar Association - Member
  • Pepperdine Law Review - Member

Lawyer of the Year Badge - 2021 - Labor Law - Management Lawyer of the Year Badge - 2015 - Labor Law - Management

Named "Lawyer of the Year" by Best Lawyers® for:

  • Labor Law - Management, Phoenix (2021)
  • Labor Law - Management, Phoenix (2015)

Recognized in The Best Lawyers in America® 2023 for work in:

  • Employment Law - Management
  • Labor Law - Management
  • Litigation - Labor and Employment

Awards:

  • AZBusiness Top Lawyers, Labor & Employment (2008-2009)
  • Southwest Super Lawyers, Labor & Employment (2008-2013)
  • Southwest Super Lawyers, Labor & Employment (2008-2013)
  • Chambers USA: America's Leading Business Lawyers, Labor & Employment (2011, 2013)

Experience

  • 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 efforts by former employees.
  • 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.

Part 2

  • Managed successful decertification campaigns to eliminate deleterious union presence.
  • Served as the lead negotiator for clients in collective bargaining negotiations.
  • Handled dozens of arbitrations under collective bargaining agreements.
  • Successfully represented clients in campaigns to decertify unions.
  • Handled dozens of cases in federal and state courts involving allegations of discrimination, harassment and/or retaliation.

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