Mark E. Furlane is a partner in the Labor & Employment Practice Group. Before joining the firm in 1979, Mark spent nearly five years as a lawyer for the U.S. Marine Corps where he gained extensive trial experience. In Mark's 30 years of private practice, he has represented employers in nearly all labor and employment issues confronting today's employer. He focuses his practice on employment law, with an emphasis on employment, benefits and fiduciary litigation and employment counseling.
Employment Litigation and Counseling. Mark has successfully litigated numerous employment class actions and individual actions in various state and federal trial and appellate courts and in arbitration forums. His litigation practice includes all facets of employment, especially in the areas of employment discrimination and harassment, retaliatory discharge and whistleblowers, restrictive and confidentiality covenants and trade secrets, wrongful discharge, FMLA, defamation, wage and hour and other compensation disputes, Public Sector Civil Rights claims and most other state and federal statutory and common law employment compliance issues. Mark has extensive experience representing both corporations and executives in the negotiation and litigation of executive compensation-related matters. He also advises clients on the broad array of issues facing both large and small employers today. He frequently negotiates executive and other employment and separation agreements, especially with respect to restrictive covenant and confidentiality concerns, and he represents both employers and executives in the negotiation of executive-related matters. Mark also represents clients in OSHA matters, including litigation before the Occupational Safety and Review Commission.
Restrictive and Confidentiality Covenants/Trade Secrets/Employee Raiding. Mark has extensive experience in helping clients design effective policies, practices and agreements to protect their competitive advantage. His strategic approach to client representation helps clients develop successful programs to maximize protection of their competitive advantage. Mark enjoys an extensive track record of successful client representation in dozens of lawsuits involving restrictive and confidentiality covenants, trade secrets and related unfair competition claims.
ERISA and Fiduciary Litigation. Mark has successfully litigated class actions, individual actions and actions by the secretary of labor brought under ERISA and other laws and related regulations. These have included claims involving benefit denials, discrimination, fiduciary breach claims, claims involving cash balance plans, pay equity plans and other welfare benefit and retirement plans, both qualified and nonqualified. He was lead counsel in one of the largest cash balance plan actions in recent years, obtained denial of class certification status and summary judgment in an age discrimination challenge to a conversion to a pay equity plan and recently obtained summary judgment in a fiduciary breach stock drop ESOP case. Mark also has represented both companies and executives in executive compensation disputes, involving most facets of executive compensation and benefits issues.
Traditional Labor Relations, Arbitration and Related Litigation. Mark has considerable experience in traditional labor counseling, collective bargaining and union avoidance, including representing clients before the NLRB and ISLRB in both unfair labor practice and representation proceedings. He has represented employers in labor arbitrations and in matters involving unlawful picketing, secondary boycotts, strikes and related matters.
In General. Mark is a member of the Labor and Employment Sections of the Chicago and Federal Bar Associations. He is a past chair of the Chicago Bar Association's Labor and Employment Section and a current board member and Treasurer of the Chicago chapter of the Federal Bar Association. He is a member of the trial bar of the U.S. District Court for the Northern District of Illinois. Mark has been recognized as a "Leading Lawyer" in management employment by the Leading Lawyers Network, and has been selected as an Illinois "SuperLawyer" in the labor and employment litigation field by Chicago Magazine since the Super Lawyers recognition has been in existence. Mark has also been repeatedly recognized in the labor and employment litigation field by The Best Lawyers in America. He is co-chair of the firm's Pro Bono Committee.
Professional & Civic Associations
· Federal Bar Association, Chicago Chapter, Treasurer and Member, Board of Managers, Employment Law Committee
· Center for Disability & Elder Law, Advisory Board and past Board Member
· Member, Erie Neighborhood House, Advisory Committee and past Board Chairman
· Member, Chicago Bar Association
· Past Chair, Labor & Employment Committee
· Board Member, Public Interest Law Initiative
Publications
4/18/2012, ERISA Litigation Newsletter
Joseph Faucher, Michael Vanic, Mark Furlane
12/20/2011, Protecting Your Competitive Edge
Lawrence Del Rossi, Kenneth Dort, Joseph Faucher, Mark Furlane, Jeremiah Posedel, Todd Schiltz, Joseph Schoell, David Woolf
10/17/2011, Protecting Your Competitive Edge
Marion Cooper, Kenneth Dort, Joseph Faucher, Mark Furlane, Jeremiah Posedel, Jerrold Wohlgemuth, David Woolf
9/7/2011, ERISA Litigation Newsletter
David Levin, Mark Furlane, Joseph Faucher, Michael Vanic
8/30/2011, Protecting the Company Jewels
Joseph Faucher, Mark Furlane, Kenneth Dort, David Woolf
Speaking Engagements
4/14/2009, Fiduciary Institute for Turbulent Times
David Wolfe, Michael Rosenbaum, Mark Furlane, Chicago, IL