Overview

Employers turn to Mark Foley to solve high-profile disputes between labor and management and to serve as lead trial and appellate counsel in state and federal court employment litigation matters. Mark also helps clients with executive transition issues.

Labor Relations

Mark serves as lead negotiator for management during collective bargaining and as counsel to employers in proceedings before the National Labor Relations Board (NLRB) and the courts and in contract arbitrations. He also helps to manage responses to union organizing campaigns and represents employers in disputes related to the National Labor Relations Act (NLRA) and Labor Management Relations Act (LMRA).

Employment Litigation

Mark advises on and litigates all types of employment matters under local, state and federal laws, including:

  • Title VII
  • Age Discrimination in Employment Act (ADEA)
  • Americans With Disabilities Act (ADA)
  • Fair Labor Standards Act (FLSA)
  • Whistleblower laws
  • Restrictive covenants and trade secrets
  • Section 1983 and the First Amendment

Representative Experience

  • Leading negotiations for a national research university in collective bargaining negotiations with faculty and support staff unions
  • Representing a public utility in negotiations with a national utility union
  • Representing a technology company in multi-jurisdictional actions involving disclosure of trade secrets
  • Representing a national pharmaceutical distributor in a union organizing campaign
  • Representing a major insurance company as part of a multi-jurisdictional defense team in a national FLSA class actions

Personal Interests

When he’s not in the office, Mark is serving the Philadelphia community through leadership on nonprofit boards.

Related Industries

Credentials

Bar Admissions

Pennsylvania

Court Admissions

Pennsylvania Supreme Court
U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania

Education

Villanova University School of Law
J.D. cum laude, Order of the Coif, Villanova Law Review (1987)

Pennsylvania State University
B.A. (1984)

Insights & Events

Other Perspectives

Firm Blog Contributions

  • LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues
  • Spotlight on Benefits – a blog offering practical insight on legal developments which impact benefit plans

Leadership & Community

Pro Bono

  • Philadelphia READS — Reading Coach

Professional Associations

  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Civic Activities

  • Philadelphia Orchestra Association — Board of Directors

Honors

  • Chambers USA — Pennsylvania, Labor & Employment, 2006-23
  • Lawdragon, Leading U.S. Corporate Employment Lawyer, 2020-22, 2024
  • Best Lawyers®— Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment, 2006-24
  • Human Resource Executive — 100 Most Powerful Employment Lawyers, 2010-19
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