Mark J Neuberger

Practice Areas

ADA & FMLA Compliance, Discrimination, Harassment & Retaliation, Immigration, Nationality & Consular Law, Labor & Employment, Labor & Employment Class Actions, Litigation, Post-Acute Care & Senior Housing, Transactions, Union/Employer Matters, Venture & Growth Capital, eDiscovery & Data Management

Career

Mark Neuberger provides A to Z representation of management in all areas of employment law, including general labor and employment guidance and compliance with workplace-related immigration laws. He serves as co-chair of the firm’s multidisciplinary Cannabis Industry Team and regularly advises companies both in and out of the cannabis industry on multitude of legal issues presented by legalization. He is also a member of the firm’s Transactions Practice Group and regular works on the labor and employment issues inherent in buy/sell and financing transactions.

Mark regularly represents clients in the health care, hospitality, manufacturing and not-for-profit industries. In addition, Mark serves on Foley’s national Pro Bono Legal Services Committee.

Mark represents employers in employment litigation matters before administrative agencies, such as the Equal Employment Opportunity Commission and National Labor Relations Board, arbitration tribunals, as well as state and federal trial and appellate courts. He has extensive experience negotiating collective bargaining agreements with unions. He also negotiates and drafts executive level employment agreements. He has litigated a wide variety of discrimination claims, whistleblower actions, wage payment and Fair Labor Standards Act cases. In addition, Mark drafts and litigates covenants not-to-compete and other employment- related restrictions. Mark also advises clients on a variety of business-related immigration issues, including audits of employers’ compliance with immigration and labor regulations, I-9 and E-Verify compliance as well as preparation of employment-based immigrant visa petitions, preparation of investment and professional visas and labor certifications.

Prior to becoming an attorney, Mark worked for 10 years in the human resources department of a Fortune 100 corporation. Mark is a frequent speaker and trainer on various labor and employment-related topics. Clients frequently utilize Mark’s practical experiences by retaining him to conduct in-house management training on a variety of employment-related topics.

Education

Experience

Representative Experience

-Represented 401GO, a fully-owned 401(k)-management platform, in its $33 million Series B funding round.

-Fraga v. Prestige Cruise Services – After a jury trial, obtained a defense verdict on behalf of passenger cruise line in a claim under the Florida Whistle-blower’s Act. Also obtained a judgment for attorney’s fees against the plaintiff.

-Valley Forge Fabrics Inc. v. Deborah Haller – Obtained a temporary injunction in Florida State Court against a former employee who is alleged to be in breach of various employment-related covenants. The temporary injunction issued by the court prevents her from selling fabric and related textile products to companies in the hospitality industry on a global basis.

-Halifax Media Holdings LLC Acquisitions – Represented Halifax Media Holdings LLC in the labor and employment aspects of their acquisition of The New York Times Company’s Regional Media Group and the Worcester Telegram & Gazette. These were challenging transactions in which there were a variety of labor unions representing sellers’ workforces.

-Represented employers in the manufacturing, healthcare and construction industries defense of a variety of OSHA citations.

-Represented anti-union bloggers to quash third party subpoenas issued by the United Auto Workers Union as part of that union’s efforts to organize workers at the Volkswagen assembly plant in Chattanooga, Tennessee.

-Represented Sports Medicine North Orthopedic Surgery, Inc., and its affiliated ambulatory surgery center in their acquisition by Connecticut-based orthopedic and spine care management services organization Spire Orthopedic Partners, a portfolio company of Kohlberg & Co.

Industry Sector Expertise

Automotive, Cannabis, Health Care & Life Sciences, Hospitality & Leisure, Manufacturing, Providers of Health Care Services, Racial Justice & Equity, Smart Manufacturing