1633 Broadway
New York, NY 10019

212 506 1728

Labor and employment Star

Litigation Star

Practice areas:

Dispute resolution
Labor and employment

Mark W. Lerner, head of the firm’s Employment Practices and Litigation Group, has been recognized by Chambers USA, The Legal 500, Benchmark Litigation, and Super Lawyers as a top practitioner in the field of Labor and Employment Law. The Group was selected by the New York Law Journal as the Labor and Employment Litigation Department of the Year in 2019. Lawdragon lists Mark as one of the Most Powerful Employment Lawyers in the U.S.

Mark focuses his practice on advice and litigation relating to non-competition agreements, employee raiding and lift-outs, discrimination and harassment claims on behalf of management, theft of company information, executive compensation disputes, terminations and lay-offs, and wage and hour actions.

Saving firms or non-profits from existential internal threats, Mark also conducts major and comprehensive internal investigations of employee wrongdoing and advocates with the Department of Justice, U.S. Attorneys’ offices, District Attorneys’ offices, the FBI, FINRA and the Department of Labor.

Work Highlights:

Non-Competition Agreements and Restrictive Covenants

  • Douglas Elliman Realty in a successful suit against one of Elliman’s former
  • managers and a competitor firm involving a wrongful scheme to move a dozen agents to the competitor firm. 
  • Northwell Health in a lawsuit to enforce employment agreements, including covenants not to compete.
  • XPO Logistics, a Fortune 200 company, in enforcing non-competition agreements.

Discrimination and Sexual Harassment

  • Defense of an employee at Dentons against sexual harassment, in a highly publicized purported “#MeToo” claim.
  • The New York Post in defense of a race discrimination lawsuit brought by reporters, in which we obtained summary judgment dismissing all claims.

Private Equity Compensation and Other Disputes

  • Saw Mill Capital in defense of claims for carried interest and other compensation by a former partner, resulting in a complete victory for Saw Mill Capital after a trial.
  • John Brice, former Chief Investment Officer and board member of private equity fund CarVal Investors, in a case against CarVal after it terminated Mr. Brice’s employment and threatened to withhold $230 million in compensation. 

Other Employment Issues: 

H.I.G. Capital, a private equity firm, in defense of a WARN Class Action brought byformer employees of a bankrupt portfolio company.

Last updated September 2019