Marc Zaken is a member of Edwards Wildman's Litigation department and co-chair of the Firm's Labor & Employment practice group. For over twenty-five years, Marc has exclusively represented management clients in labor and employment law matters. He has defended employers in discrimination, sexual harassment, wrongful discharge, breach of contract, employment tort and employee benefits litigations in the federal and state courts and before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, and other administrative agencies in Connecticut, New York and throughout the country. Marc has also represented employers in arbitrations, collective bargaining negotiations and proceedings before the National Labor Relations Board, wage and hour matters before the Department of Labor, and affirmative action audits before the Office of Federal Contract Compliance Programs. He has both prosecuted and defended injunction actions in non-competition and non-disclosure cases in federal and state courts. Marc counsels employers on a daily basis regarding the various labor and employment laws, such as Title VII, ADEA, ADA, FMLA, NLRA and ERISA, and has been a frequent speaker before the American Bar Association and meetings of the local bar and other organizations. Marc also litigates commercial disputes concerning breach of contract, torts (such as fraud and defamation) and patent-related matters. Marc has been named a New England Super Lawyer and a Connecticut Super Lawyer since 2007 by Law & Politics magazine and has been recognized in the Super Lawyers Corporate Counsel Edition in the area of Employment & Labor. He was listed as a Greenwich Top Lawyer 2011 by Greenwich Magazine. Marc is an AV Preeminent rated attorney, the highest rating given from the respected legal guide, Martindale-Hubble, in recognition of Mr. Zaken's highly regarded legal skills and professional ethics. Notable Experience · Bhatia v. Pitney Bowes Inc., Case No. 3:04-cv-01484-RNC (D. Conn. 2006), aff'd Case No. 07-0725 (2nd Cir. 2007), obtained dismissal of a suit alleging national origin and race discrimination and retaliation, and the Second Circuit Court of Appeals dismissed the plaintiff's appeal. · Wright v. Medco Health Solutions of NetPark, Inc., Case No. 04-7797-F (Fla. Jud. Cir. July 2007), obtained defense verdict after four-day jury trial dismissing claims of race discrimination, defamation, invasion of privacy and tortious interference with an advantageous business relationship. · Coudert v. Janney Montgomery Scott, 2005 U.S. Dist. LEXIS 13323 (D.Conn. 2005), aff'd, 2006 U.S. App. LEXIS 5696 (2d Cir. 2006), motion for summary judgment granted dismissing age and gender discrimination, retaliation and hostile work environment claims, affirmed by Second Circuit Court of Appeals. · Whittaker v. Aramark Corporation, 2004 U.S. Dist. LEXIS 13730 (D.Conn. 2004), motion to dismiss granted dismissing ADEA claim, wrongful discharge claim and negligent and intentional infliction of emotional distress claims. · Slootskin v. John Brown Engineering & Construction, 2006 U.S. Dist. LEXIS 9867 (D.Conn. 2006), motion for summary judgment granted dismissing age discrimination claim. · Bayonne v. Pitney Bowes Inc., 2005 U.S. Dist. LEXIS 2272 (D.Conn. 2005), aff'd, 161 Fed. Appx. 144, 2006 U.S. App. LEXIS 143 (2d Cir. 2006), motion for summary judgment dismissing ERISA and ADA claims, affirmed by Second Circuit Court of Appeals · Gagnon v. Housatonic Valley Tourism District Commission, 2001 Conn. Super. LEXIS 2268 (2001), aff'd, 92 Conn. App. 835 (2006), motion for summary judgment granted dismissing a nine-count complaint in its entirety, which alleged breach of express and implied contract, breach of the covenant of good faith and fair dealing, wrongful discharge, non-payment of wages and benefits, promissory estoppel, defamation, and intentional and negligent infliction of emotional distress, upheld by Connecticut Appellate Court. · Elbert v. Connecticut Yankee Council, Inc., 2004 Conn. Super. LEXIS 1924 (2004) motion to strike granted dismissing plaintiff's claims of wrongful discharge, defamation, and false imprisonment, interference with custodial rights, intentional and negligent infliction of emotional distress, negligent supervision and retention, tortious interference with business expectancies and violation of the Connecticut Due Process Clause. · Chapman v. American Institute of Certified Public Accountants, 2007 WL 1157142 (3rd Cir. 2007) motion for summary judgment granted dismissing race and gender discrimination claims, upheld on appeal by Third Circuit Court of Appeals. · Success Village Apartments Inc., 350 N.L.R.B. No. 72 (2007), 348 N.L.R.B. No. 28 (2006) and 347 N.L.R.B. No. 100 (2006), successfully defended apartment complex in numerous unfair labor practice hearings before the National Labor Relations Board. · Uniflex Holdings, Inc., Case No. 29-CA-27718 (NLRB 2007), obtained dismissal of unfair labor practice complaint after a hearing alleging a unilateral change in terms and conditions of employment with respect to pension contributions. · Vanguard Identification Systems, Inc. v. Goade, 175 Fed.Appx. 578 (3rd Cir. 2006), obtained defense verdict after four-day jury trial dismissing claims of fraud, negligent misrepresentation, fraudulent conveyance, and successor liability in connection with a sale of assets and patent infringement judgment. Recent Speaking Engagements and Publications · "Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation," speaker, Edwards Wildman Palmer LLP Webinar, February 1, 2012. · "Second Circuit Holds That Employee May Be Disabled Even If She Continues to Work," co-author, Edwards Angell Palmer & Dodge Client Advisory, April 2011. · "Preparing for the Employee Free Choice Act," speaker, Edwards Angell Palmer & Dodge Webinar, July 14, 2009. · "Overview of the ADA Amendments Act of 2008: Reasonable Accommodation Issues For In-House Counsel and Human Resources Professionals," speaker, Edwards Angell Palmer & Dodge Labor & Employment Webinar, November 6, 2008. · "Connecticut Employers Are Not Entitled to Reimbursement of Commission Advances Unless the Commission Agreement Specifically Requires Payment," co-author, Edwards Angell Palmer & Dodge Client Advisory, June 2008. · "Failure to Comply With OWBPA Notice Requirements Can Invalidate Releases Prepared for Reduction in Force," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Winter 2008. · "Separation Anxiety," co-author, The Connecticut Law Tribune, April 2007. · "Severance Agreements: Balancing Corporate Interests and Ex-Employees' Legal Rights," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Fall 2006. · "Accused Employees: Innocent Until Proven Guilty?" co-author, The Connecticut Law Tribune, November 2006. · "Guide to Employment Practices," Contributing Author, Warren, Gorham & Lamont, 1997. · "Litigating the Employment Tort Case," Contributing Author, A Guide for Plaintiff and Defense Attorneys, Tort and Insurance Practice Section, American Bar Association, 1995. News & Publications October 6, 2011, EAPD Attorneys Selected For Inclusion in Super Lawyers 2011 April 2011, Client Advisory - Second Circuit Holds That Employee May Be Disabled Even If She Continues to Work October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010 March 1, 2010, EAPD Attorneys Recognized in 2010 Super Lawyers Corporate Counsel Edition November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009 June 22, 2009, EAPD Attorneys Recognized in Super Lawyers 2009 Corporate Counsel Edition November 24, 2008, EAPD Attorneys Recognized in Super Lawyers 2008 Corporate Counsel Edition October 30, 2008, EAPD Attorneys Named Super Lawyers 2008 June 2008, Client Advisory - Connecticut Employers Are Not Entitled to Reimbursement of Commission Advances Unless the Commission Agreement Specifically Requires Repayment Winter 2008, Labor & Employment Bulletin - Winter 2008
Edwards Angell Palmer & Dodge LLP October 30, 2007, EAPD Attorneys Named Super Lawyers 2007 November 30, 2006, Labor & Employment Bulletin - Fall 2006
Edwards Angell Palmer & Dodge LLP November 30, 2006, Accused Employees: Innocent Until Proven Guilty?Connecticut statuatory and common law silent on employee protection.
The Connecticut Law Tribune November 1, 2006, Accused Employees: Innocent Until Proven Guilty?
The Connecticut Law Tribune August 1, 2005, Labor and Employment Bulletin - Summer 2005 2004, Labor & Employment Bulletin - Winter 2004
Edwards & Angell, LLP Events February 1, 2012, Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation July 14, 2009, Preparing for the Employee Free Choice Act November 6, 2008, Overview of the ADA Amendments Act of 2008: Reasonable Accommodation Issues For In-House Counsel and Human Resources Professionals Before Edwards Wildman Prior to joining the firm's Stamford Office, Marc was Principal at a Stamford-based law firm after practicing law with two New York City law firms. Industries · Broadcasting · Education · Manufacturing Memberships · American Bar Association - Tort and Insurance Practice Section; Employee/Employer Relations Committee, Vice Chair and Past Chair · Connecticut Bar Association - Section on Labor and Employment Law · Connecticut School Attorneys Council - Past President · Industrial Relations Research Association - Past President · Regional Bar Association - Employment Law Committee Founder and Past Chair |