Mark J. Neuberger

Of Counsel

Overview

Mark J. Neuberger is of counsel and a litigation lawyer with Foley & Lardner LLP. His practice involves the representation of management in all areas of employment law, including general labor and employment guidance to clients. He regularly represents clients in the health care, hospitality, manufacturing and not-for-profit industries. He is co-chair of the firm’s multidisciplinary Cannabis Industry team and is a member of the firm’s Labor & Employment and Private Equity & Venture Capital Practices as well as the Health Care Industry Team and the Technology Industry Team. Mark also serves on Foley’s national Pro Bono Legal Services Committee.

Mark represents employers in employment litigation 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 in 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, preparation of employment-based immigrant visa petitions, preparation of investment and professional visas, and labor certifications.

Prior to becoming an attorney in 1987, he worked for 10 years in the Human Resource department of a Fortune 100 corporation. Mark is a frequent speaker and trainer on various labor and employment-related topics. Clients frequently utilize his practical experiences by retaining him to conduct in-house management training on a variety of employment-related topics.

Representative Experience

  • 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 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.

Recognition

Mark received an award from the Burton Foundation, which recognizes clear and concise legal writing. He was given the award for his article, "Punching the Clock is Not So Simple," which appeared in the National Law Journal.

In recognition of his experience, Mark has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.

Mark has been honored as a Top Lawyer since the 2004 edition of the South Florida Legal Guide. He has been selected by his peers for inclusion in The Best Lawyers in America© in 2013, 2017, and 2020. He was also selected for the 2018 Florida Super Lawyers® list.

Mark received an award from Dade County (Miami) Legal Aid in recognition for his efforts to advocate for child victims of human trafficking.

Education

  • Duquesne University (J.D.)
  • Cornell University (B.S.)

Affiliations

Mark serves on Bloomberg BNA’s Labor & Employment Technology and Innovation Board.

Community Engagement

Mark serves as pro bono general counsel to the Coconut Grove Arts Festival, one of America’s largest outdoor arts festivals held on the streets of Miami each Presidents Day weekend.

Admissions and Professional Memberships

  • Florida
  • Pensylvania
  • U.S. Court of Appeals for the Eleventh Circuit
  • Member, Florida Bar Association
  • Member, Labor and Employment Law Section, American Bar Association

Publications

  • Quoted, “Marijuana Drug Test in Works; Could Be Relief for Employers,” Business Insurance (October 23, 2019)

Insights

Key Takeaways from USDA’s Interim Hemp Production Rule
01 November 2019
Legal News: Cannabis Industry
The Face of DOL is New, the Name is Not; Trump Picks Scalia for Secretary of Labor
22 July 2019
Labor & Employment Law Perspectives
More Employers Were “ICED” in Fiscal Year 2018
17 December 2018
Labor & Employment Law Perspectives
Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy
26 September 2018
Health Care Law Today
2019 NDI Executive Exchange
14-15 November 2019
Chicago, IL
What’s Keeping In-House Counsel Up at Night and What to do About It
15 May 2019
Miami, FL
Webinar: Marijuana in the Workplace
14 May 2019
Webinar
2018 NDI Executive Exchange
25 October 2018
Chicago, IL