Mark Diana: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mark Diana


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Practice Areas
  • ......................... 40%
    Employment Discrimin...
  • ......................... 30%
    Labor and Employment...
  • ......................... 30%
    Wrongful Termination
Other Areas of Law

Commercial Litigation
University University of Delaware, B.S.
Law SchoolSuffolk University, J.D.
Admitted1988, New Jersey and U.S. District Court, District of New Jersey; 2013, U.S. Court of Appeals, Second Circuit; 2005, U.S. Court of Appeals, First Circuit; 1990, U.S. Court of Appeals, Third Circuit
Memberships New Jersey State (Member, Labor and Employment Law Section: Executive Committee, 1995-2010) and American Bar Associations.
BornPlainfield, New Jersey, March 30, 1963

Member and Production Editor, Suffolk Law Review, 1986-1988. Law Clerk to Hon. William M. D'Annunzio, Appellate Division, New Jersey Superior Court, 1988-1989. Editor, New Jersey Labor and Employment Law, NJICLE, 1998. Member, Employment Law Subcommittee of the New Jersey Supreme Court Committee on Model Civil Jury Charges, 1998-2006. Member, Sidney Reitman Employment Law American Inn of Court, 1993-1997.

Reported CasesForsyth v. First Trenton Indemnity Co., 2010 WL 2195996 (App. Div. 2010), certif. denied, 203 N.J. 440 (2010); Plasse v. Tyco Electronics Corp., 2006 WL 2623441(D. Mass. 2006); Reap v. Continental Casualty Co., 2002 WL 1498679 (D.N.J. 2002); Reap v. Continental Casualty Company, 199 F.R.D 536 (D.N.J. 2001); Romano v. Brown & Williamson Tobacco Corp., 284 N.J. Super. 543 (App. Div. 1995); Nicosia v. Wakefern Food Corp., 136 N.J. 401, 643 A.2d 554 (1994); State Street Bank & Trust Co. v. Mutual Life Insurance Co. of New York, 811 F.Supp. 915 (S.D.N.Y. 1993).

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New Jersey Annual Notice Reminders With Deadlines Fast Approaching
Mark Diana,Steven J. Luckner,Jocelyn A. Merced,Evan J. Shenkman, January 7, 2016
New Jersey employers should be aware of two impending annual notice requirements. First, employers must distribute to each employee working in New Jersey a written copy of the Gender Equity Notice on or before December 31 each year and must obtain a signed acknowledgement from each employee in...

Elizabeth Becomes the Tenth New Jersey City to Require Paid Sick Leave
Mark Diana,Steven J. Luckner,Jocelyn A. Merced,Evan J. Shenkman, January 4, 2016
On November 3, 2015, voters in the City of Elizabeth approved a paid sick leave ordinance, making it the tenth municipality in the State of New Jersey to require paid sick leave. The ordinance, which goes into effect on March 2, 2016 (120 days after voter approval) is nearly identical to sick leave...

Jersey City Expands Paid Sick Leave Ordinance to Small Businesses, Increases Penalties for Noncompliance
Mark Diana,Steven J. Luckner,Jocelyn A. Merced,Evan J. Shenkman, January 4, 2016
On October 30, 2015, the Jersey City mayor approved a change to the city’s existing paid sick leave law (Ordinance 15.145), purportedly to bring the sick leave ordinance more in line with those of other New Jersey cities that have since passed their own paid sick leave ordinances. One major...

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Office Information

Mark Diana

10 Madison Avenue, Suite 400
MorristownNJ 07960


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