Mark M. Whitney

Attorney Profile

Top Rated Employment Litigation Attorney in Marblehead, MA

Whitney Law Group, LLC
11 State St
Marblehead, MA 01945
Phone: 781-631-4400
Fax: 781-205-0967
Selected to Super Lawyers: 2011 - 2021
Selected to Rising Stars: 2005 - 2006
Licensed Since: 1997
Education: Brooklyn Law School
Practice Areas: Employment Litigation: Defense (40%), Employment Litigation: Plaintiff (30%), Business Litigation (20%), Civil Litigation: Plaintiff (10%)
Attorney Profile

Attorney Mark M. Whitney is the founder and owner of Whitney Law Group, LLC, which has law offices in Marblehead and Burlington, Massachusetts, Portsmouth, New Hampshire and New York, New York. A nationally ranked trial lawyer with more than 27 years of total legal experience, Mr. Whitney provides exceptional counsel and support to clients throughout Middlesex, Essex, Norfolk, Suffolk and Plymouth counties in Massachusetts who have legal needs involving any of the following:

· Employment law for individuals

· Employment law for companies

· Civil and business litigation

· Trade secrets

· Investigations

Over the course of his legal career, Mr. Whitney has achieved remarkable success advocating on behalf of aggrieved employees as well as assisting business owners and employers with all of their pressing employment law issues. He spent the early part of his career representing employers and business owners against baseless accusations of employment law violations, and he uses the insight and experience he gained to devise the most effective strategies possible for employees who have experienced discrimination, harassment or some other violations of their rights on the job.

A leader in his field, Mr. Whitney has written extensively on employment law issues, and he has become a recognized authority in restrictive covenants, trade secret and intellectual property protections, unfair competition and other related matters. He is also very active with the American Bar Association's Section of Intellectual Property Law as well as its Trade Secrets and Interference with Contracts Committee. He has also conducted numerous lectures and continuing legal education seminars across his region on a variety of employment law topics.

Honored for his success, Mr. Whitney has earned an AV Preeminent peer review rating* from Martindale-Hubbell along with many other consistent top rankings and endorsements from his peers. He has also received numerous testimonials and referrals from his satisfied clients.

A 1987 graduate of the University of Rochester, Mr. Whitney attended Brooklyn Law School, where he served as senior editor of the Brooklyn Law Review and competing member of the Moot Court Honor Society. He also received the American Jurisprudence Award for his outstanding achievements in Legal Writing and Civil Procedure.

Mr. Whitney is admitted to practice in Connecticut, New York, New Hampshire and Massachusetts, and he is admitted to practice before the U.S. District Court for the District of Massachusetts, the District of New Hampshire, and the Eastern, Northern and Southern Districts of New York. He also holds his admission to practice before the U.S. Court of Appeals for the 1st, 2nd and 3rd circuits as well as the U.S. Court of Federal Claims.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice Areas
  • 40%Employment Litigation: Defense
  • 30%Employment Litigation: Plaintiff
  • 20%Business Litigation
  • 10%Civil Litigation: Plaintiff
Focus Areas

Employment Discrimination, Wrongful Termination, Retaliation, Employment Law - Employer, Trade Secret, Non-Compete Agreements

Selections

11 Years Super Lawyers
2 Years Rising Stars
  • Super Lawyers: 2011 - 2021
  • Rising Stars: 2005 - 2006

About Mark M. Whitney

Admitted: 1997, New York

Professional Webpage: https://whitneylawgroup.com/mark-m-whitney/

Bar/Professional Activity

  • New Hampshire
  • New York
  • Massachusetts
  • Connecticut
  • US Court of Federal Claims
  • US District Court, District of Massachusetts
  • US Courts of Appeals for the First, Second, and Third Circuits
  • US District Court, for the Eastern, Northern and Southern Districts of New York
  • US District Court, District of New Hampshire
  • Trade Secrets and Interference with Contracts Committee, ABA’s Section of Intellectual Property Law, Member
  • Brooklyn Law School’s Trade Secrets Institute, Member of the Advisory Board

Scholarly Lectures/Writings

  • Brooklyn Law School, Brooklyn Law Review, Senior Editor
  • Presented seminar entitled, “Employee Discharge and Documentation,” sponsored by Lorman Educational Services. (December 2004)
  • Presented seminar entitled, ‘Hot Issues and Trends in Employment Law.” (October 2000)
  • Presented seminar entitled, “Supervising to Reduce Legal Risks.”  (February 2001)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2001)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2002)
  • Presented seminar entitled, “Internal Audits and Training: Valuable Tools to Help Companies Navigate the Workplace Laws.” (September 2002)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2003) 
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2004)
  • Presented seminar entitled, “10 Simple Steps to Reducing Exposure to Employment Law Claims.” (September 2004)
  • Panelist at seminar entitled, “Preventing Human Resources Claims,” sponsored by the National Business Institute  (Manchester, NH) (February 2006)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2005)
  • Presented seminar entitled, “Common Employer Mistakes Under the FMLA.” (October 2005)
  • Presented seminar entitled, “Dealing with the Disabled Employee.”  (November 2005)
  • Panelist at seminar entitled, “Employee Discharge and Documentation in Massachusetts,” sponsored by Lorman Educational Services. (December 2005)
  • Panelist at seminar entitled, “Workers’ Compensation Update in Massachusetts,” sponsored by Lorman Educational Services. (September 2006)
  • Panelist at seminar entitled, “Advanced Topics Under the Family and Medical Leave Act,” sponsored by Lorman Educational Services. (June 2006)
  • Presented seminar entitled, “The Hallmarks of Defensible Documentation.” (May 2006)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2006)
  • Panelist at seminar entitled “Workers’ Compensation Update in Massachusetts,” sponsored by Lorman Educational Services (May 2008)
  • Presented seminar entitled “Internal Investigations – Practical, Legal and Ethical Issues,” co-presented with Marquet International. (December 2006)
  • Presented Breakfast Seminar Series: Understanding Noncompete Agreements – Employer Strategies for Effective Use of Restrictive Covenants (law firm seminar) (February 2007)
  • Presented seminar entitled, “Fine Tuning Your Performance Management Process: How To Motivate Your Employees,” sponsored by Lorman Educational Services (Webinar/Teleconference) (March 2007)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2007)
  • Presented a seminar called “Fundamentals of an Employee Recognition Program: It Really Does Make A Difference,” sponsored by Lorman Educational Services (Webinar) (September 2007)
  • Investigating Complaints of Employee Misconduct (May 2008)
  • Panelist at seminar entitled: “Employment Law From A-Z In Massachusetts,” sponsored by Lorman Educational Services (April 2008)
  • NAVIGATING THE “BERMUDA TRIANGLE” OF WORKPLACE LAW – The Interplay Between Laws Governing Employee Leaves Of Absence, Disability Accommodation And Workplace Injuries (May 2008)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2010)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2008)
  • Presented seminar entitled, “The Genetic Information Non-Discrimination Act of 2008,” sponsored by the National Business Institute (November 2008)
  • Presented seminar entitled, “Until Termination Do We Part: Avoiding the Pitfalls of Rightsizing” (co-presented with Sapphire Consulting) (May 2009)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2009)
  • Presented Legislative Update at SHRM TriState Conference, attended by HR leaders throughout the tri-state (Connecticut, Massachusetts and Rhode Island) area (Newport, RI) (April 2010)
  • Presented Breakfast Seminar Series: Developments in the Law of Noncompete Agreements and Other Post-employment Restrictions (law firm seminar) (April 2010)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2010)
  • Presented at a Continuing Legal Education Seminar entitled “Sexual Harassment – News and Views,” sponsored by the NH Bar Association. Mark was among a panel of experts presenting this seminar, including a Federal District Court Judge and Federal Magistrate Judge from NH, as well as other practitioners. (February 2012)
  • Presented seminar covering the US Supreme Court’s Quon Decision: What Employers Need to Know About its Impact on Employee Privacy Rights, sponsored by the Boston Bar Association. (October 2010)
  • Presented at MetroWest HRMA on the Impact of Emerging Technologies on Employee Privacy Rights (December 2010)
  • Panelist at a seminar entitled “Workers’ Compensation Update in Massachusetts,” sponsored by Lorman Educational Services (February 2011)
  • Presented a seminar called “Fundamentals of an Employee Recognition Program: It Really Does Make A Difference,” sponsored by Lorman Educational Services (Webinar) (February 2011)
  • Presented an Annual Employment Law Update seminar to the Greater Merrimack Valley Human Resource Association, a chapter of Society for Human Resource Management. (March 2011)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2011)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2011)
  • Presented a seminar called “Fundamentals of an Employee Recognition Program: It Really Does Make A Difference,” sponsored by Lorman Educational Services (Webinar) (August 2011)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2012)
  • Presented an Annual Employment Law Update seminar to the Greater Merrimack Valley Human Resource Association, a chapter of Society for Human Resource Management. (March 2012)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2012)
  • Presented program on Developments in the Law of Noncompetes and Other Post-Employment Restriction, at the September meeting of the Greater Merrimack Valley Human Resource Association, a chapter of Society for Human Resource Management. (September 2015)
  • Presented Annual Employment Law Update to Greater Merrimack Valley Human Resource Association, a chapter of Society for Human Resource Management (March 2013)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2013)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2013)
  • Presented seminar entitled, “Bosses Behaving Badly: Detecting, Deterring and Mitigating the Risks of Executive Misconduct” (law firm client seminar) (March 2014)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2014)
  • Presented a seminar entitled, “Employee Use of Social Media and its Impact on Employer Efforts to Protect IP and Business Relationships” at the May meeting of the Greater Merrimack Valley Human Resource Association, a chapter of Society for Human Resource Management. (May 2014)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2014)
  • Presented at NH Bar Continuing Legal Education Seminar — Litigating Employment Cases; presented on topic of “Ethical Challenges Faced by the Employment Lawyer.” (Concord, NH and Live Webcast) (October 2014)
  • Presented at BNA Bloomberg Seminar — Trade Secrets: The New Frontier in a Changing IP Landscape (New York, NY) (December 2014)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2015)
  • Presented the Annual Employment and Labor Law Update to the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (June 2015)
  • Presented at the National Business Institute seminar “Employment Law: 2016 Comprehensive Guide” on the subjects “Avoiding Wage and Hour Violations” and “Monitoring Employees: Privacy Issues and Employer Risks.” (November 2016)
  • Presented program at MetroWest SHRM Chapter on the MA Earned Sick Time Law (Southborough, MA) (September 2015)
  • Presented on the topic of Cutting-Edge Developments in Restrictive Covenants and Other Legal Tools for Protecting Competitive Advantages (WEBINAR) (April 2016)
  • Faculty member for the MCAD’s annual Certified Courses for EEO Professionals – Disability Accommodation Module (May 2016)
  • Author, First Circuit Trade Secret Law Update
  • Presented the “IP Protection Update for Massachusetts Employers” at the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (November 2016)
  • Panelist presenting on the topic of “Legal Issues to Consider When Designing Corporate Wellness Programs,” at the Greater Merrimack Valley Human Resources Association (March 2, 2017)
  • Presented the “Workplace Behavioral Issues – Handling Thorny Situations” seminar at the MetroWest Chapter of the Society for Human Resources Management, the MetroWest HRMA. (September 2017)
  • Presenter, National Business Institute seminar “Human Resources Law From A to Z” on the subjects “Annual Employment Law Update” and “Workplace Behavioral Issues – Handling Thorny Situations.”, 2017
  • Presenter, the National Business Institute seminar “Employment Law: 2018 Comprehensive Guide” on the subjects “Dealing with the Troubled/Troubling Employee” and “FMLA, ADA and Workers’ Compensation:  Managing Leave of Absence Issues.”, 2018
  • Presenter, National Business Institute seminar “Advanced Employment Law: What You Need to Know” on the subjects “FMLA Complications: Intermittent Leave, Termination and More” and “Navigating the ADA.”, 2018
  • Presenter, National Business Institute seminar “Human Resource Law from Start to Finish” on the subjects of “Annual Employment Law Update” and “Workplace Behavior and Privacy” and “Discipline and Discharge – Necessary Documentation.”, 2018
  • Presenter, National Business Institute seminar “Human Resources Law from A to Z” on the subjects of Handling Thorny Issues in the Workplace and Privacy in the Workplace, 2019
  • Presenter, National Business Institute seminar “Human Resources Boot Camp” on the subjects of Privacy in the Workplace, Handling Confidential Information, and Employee Handbooks, 2019

Educational Background

  • University of Rochester, B.A., Economics/Political Science, 1987

Honors/Awards

  • AV® Preeminent™ by Martindale-Hubbell’s peer review rating system
  • Brooklyn Law School, Moot Court Honor Society, Competing Member;  American Jurisprudence Award, Legal Writing and Civil Procedure (award for achieving the highest grade in the entire class)
  • Recognized as Rising Star® by Thomson Reuters’ Super Lawyer Magazine, 2006
  • Recognized as Rising Star® by Thomson Reuters’ Super Lawyer Magazine, 2005
  • Recognized as a 2012 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine in the areas of Employment Litigation: Defense, Intellectual Property Litigation, Business Litigation, 2012
  • Recognized as a 2011 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine in the areas of Employment Litigation: Defense, Intellectual Property Litigation, Business Litigation, 2011
  • Recognized as a 2014 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine in the areas of Employment Litigation: Defense, Intellectual Property Litigation, Business Litigation, 2014
  • Recognized as a 2013 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine in the areas of Employment Litigation: Defense, Intellectual Property Litigation, Business Litigation, 2013
  • Recognized as a 2018 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine, 2018
  • Recognized as a 2015 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine in the areas of Employment Litigation: Defense, Intellectual Property Litigation, Business Litigation, 2015
  • Recognized as a 2016 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine, 2016
  • Recognized as a 2017 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine, 2017
  • Recognized as a 2020 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine, 2020
  • Recognized as a 2019 Massachusetts Super Lawyer® by Thomson Reuters’ Super Lawyer Magazine, 2019

Pro bono/Community Service

  • Board Member, Personnel Board for the Town of Winchester, MA
  • Marblehead Youth Soccer Association & the Winchester Soccer Club, Coach
  • Board of Directors of Pier Park Sailing Center

Industry Groups

  • Start-Ups; Life Sciences; Pharma; Medical Devices; Info Tech; Banking; Retail; Manufacturing
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Office Location for Mark M. Whitney

11 State St
Marblehead, MA 01945

Phone: 781-631-4400

Fax: 781-205-0967

Last Updated: 5/5/2021

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