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

Mark N. Mallery

Office Managing Shareholder
New Orleans,  LA  U.S.A.
Phone(504) 648-3840

Peer Rating
AV® Preeminent

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Practice Areas

  • Employment Litigation
  • Management Labor Law
Contact InfoTelephone: (504) 648-3840
Fax: (504) 648-3859
University Mississippi State University, B.B.A., 1983
Law SchoolUniversity of Mississippi, J.D., 1986
Admitted1986, Louisiana; U.S. Supreme Court; U.S. Court of Appeals, Fifth Circuit
Memberships Louisiana State Bar Association (Member, Labor and Employment Law Section); American Bar Association (Member, Labor and Employment Law Section; ABA Journal of Labor & Employment Law Editorial Board, 2014; Section Publications Committee Co-Chair, 2011-2014; Co-Chair, 4th Annual Section CLE Conference; Vice-Chair, 3rd Annual Section CLE Conference; Management Chair, Committee on Employment Rights and Responsibilities (ERR), 2006-2008; Chair, ERR Committee Program, 2005-2006; Chair, ERR Committee Administrative, 2002-2004; ERR Committee membership Chair, 1998-2001; Chair, ERR Privacy and Collateral Torts Subcommittee, 1992-1997; Management Co-Chair, Marketing Committee's Membership Subcommittee, 2002-2004; Chair, Employment Rights and Responsibilities Basics Seminar, 2003; Chair, Employment Litigation Skills Training Seminar, 2002; Chair, ABA/EEO Liaison Committee, 2010-); Louisiana Association of Business and Industry (Member, Right-To-Work Committee). fellow, College of Labor and Employment Law.

Phi Delta Phi. Member, Mississippi Law Journal, 1984-1986. Editor-In-Chief, "Employment Termination: Rights and Remedies" (BNA and ABA, 2003 Supp.). Regional Editor, "Employment At Will: A State-By-State Survey" (BNA and ABA 2011 and 2013 Supp.). Contributing Editor: "Covenants Not To Compete, A State by State Survey" (1990-1991 Supplement and 1990-1992 Cumulative Supplement); "Employee Duty of Loyalty: A State-by-State Survey," American Bar Association, 1995; "Employee Rights and Responsibilities," 10 The Labor Lawyer 588, 1994. Author: "Supreme Court Review-Administrative Law," 55 Miss. L. Journal 735, 1985; "Privacy Concerns of Mental Illness," Balanced Health Report, June 1995; "Legal Issues Arising in Connection with Workplace Investigations," Conducting Workplace Investigations, ABA Video Law Seminar, 1995. Co-Author: "Ethical Considerations in the Joint Representation of Supervisors and Employers in Sexual Harassment Cases," 5 The Labor Lawyer 115, 1989; "Recent Developments in Labor Relations and Employment Law," Louisiana State Bar Association's Manual of Recent Developments In The Law, 1988-1990; "Report on the Growing Tension Between the First Amendment and Harassment Law," 12 The Labor Lawyer 475, 1997; "Employee Privacy Issues Relating to Medical Information," HR Advisor: Legal & Practical Guidance's, Vol. 1:6,35, May/June 1996; "Resolution of Labor Employment Disputes - The Choice of Process in the 1990's and Beyond," Twelfth Annual Carl A. Warns, Jr., Labor and Employment Law Institute (Rothman 1999); "Remedies for Employer Negligence," Chapter 7 Negligence in Employment Law (BNA 2002); "Radical SOX Burden and Remedy Become Reality," Impact Lawbrief (La. Hosp. Assn., Baton Rouge, La.), Feb. 27, 2004, at 3; "Attorney's Guide to Drugs in the Workplace" (ABA 1996).

Reported CasesThomas v. ITT Educational Services, 2013 WL 1189230 (5th Cir. 2013) (dismissing terminated instructor's False Claims Act and Louisiana state law whistleblower suit); Calmes v. JPMorgan Chase, 2013 WL 1856064 (E.D. La. 2013) (dismissing national account representative's sexual harassment and retaliation lawsuit); Deeds v. State Farm, 2012 WL 1150755 (M.D. La. 2012) (dismissing terminated employee's disability discrimination and retaliation suit); Van Hoose v. Gravois, 70 So.3d 1017 (La. App. 1st Cir. 2011) (dismissing antitrust and unfair trade practice claims); Gooden v. Regions Bank, 2010 WL 4386859 (M.D. La. 2010) (dismissing terminated head teller's race discrimination and retaliation lawsuit); Greenwell v. State Farm, 486 F.3d 840 (5th Cir. 2007) (dismissing terminated employee's FMLA claim for failure to provide adequate notice of need for leave); Moore v. State Farm, 439 F.Supp.2d 615 (E.D. La. 2006) (dismissing various claims; favorable jury verdict obtained on remaining claims, aff'd on appeal); Felder v. Winn-Dixie, 9 W.H. Cases 2d 585 (E.D. La. 2003) (dismissing FMLA claims); US GreenFiber v. Brooks, 12 ILR (P&F) 749, 2002 ULRWeb (P&F) 2803, 2002 WL 31834009 (seminal case granting employer's request for injunction against terminated quality control manager under Computer Fraud and Abuse Act); Ware v. Cooper Cameron, 88 FEP Cases (BNA) 1496 (W.D. La. 2002) (dismissing terminated employee's race discrimination claims); Bailey v. CIGNA, 28 EBC 2856 (W.D. La. 2002), aff'd, 87 Fed.Appx. 347, 32 EBC 1720 (5th Cir. 2004) (dismissing ERISA claims); Whitten v. State Farm, 19 IER Cases (BNA) 240 (W.D. La. 2002) (dismissing retaliation and intentional infliction claims); Winters v. Cooper Lighting, 7 Wage & Hour Cases 2d (BNA) 639 (S.D. Miss. 2001) (dismissing terminated employee's punitive damages and infliction of emotional distress claims); Harris v. State Farm, 178 F.Supp.2d 680 (2001), cert. den. 537 U.S. 913 (2002), and 17 IER Cases (BNA) 222 (W.D. La. 2000) (dismissing employee's discriminatory failure-to-promote and defamation claims); Local 100, Serv. Employees Int'l Union, AFL-CIO, et al. v. Integrated Health Servs., 96 F.Supp.2d 537 (M.D. La. 2000) (dismissing Union's and employee's Family and Medical Leave Act claims); Henson v. Bassett Furniture, 2000 U.S. Dist. LEXIS 14877 (E.D. La.) (dismissing intentional interference with contractual relations and infliction of emotional distress claims filed by terminated sales manager); Bahan v. Louisiana Chapter, 9 AD Cases (BNA) 116 (E.D. La. 1998) (dismissing terminated executive director's claims of defamation, infliction of emotional distress and interference with contractual relations); Gluck v. Casino America, 20 F.Supp.2d 991 (W.D. La. 1998) (case of first impression dismissing terminated manager's tort and compensatory damage claims); Rimcor v. Bricklayers, 159 LRRM 2250 (W.D. La. 1998) (offensive assertion of employer's rights against union under state labor law, upholding employer's right to file suit against Union to void collective bargaining agreement as violative of Louisiana's Right-to-Work law); Stone v. Starnes, 13 IER Cases (BNA) 766 (1997) (dismissing terminated store manager's state law claims of wrongful termination and workers' compensation retaliation); Blouin v. Kaiser Alum. & Chem. Corp., 5 AD Cases (BNA) 546 (E.D. La. 1996), aff'd 103 F.3d 127 (5th Cir. 1996), cert. den. 117 S.Ct. 1554 (1997) (dismissal of Americans with Disabilities Act claim); Wyatt v. Pride Offshore, Inc., 3 W. & H. Cas. 2d (BNA) 892 (E.D. La. 1996) (dismissing and striking employee's class action allegations in Fair Labor Standards Act suit).

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Office Information

Mark N. Mallery

701 Poydras Street, Suite 3500
New OrleansLA 70139


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