Mark is a preeminent trial lawyer and employment attorney who draws on his prosecutorial background to lead cases and counsel clients on complex employment issues. His practice also encompasses conducting major internal investigations for clients and negotiating resolutions of disputes with regulatory agencies. Mark represents clients across a range of industries, including private equity, financial services, hedge funds, real estate, health care, energy, media, and apparel, among others.
Along with providing strategic guidance on employment law and high-stakes disputes, Mark first-chairs cases in federal and state courts and in arbitration nationally involving a broad spectrum of employment issues. His extensive courtroom success and experience as a federal prosecutor enable him to regularly achieve favorable early resolutions for his clients. He handles matters involving executive compensation disputes (including among private equity partners), non-competition agreements, employee raiding and lift-outs, discrimination claims, harassment claims, theft of company information, terminations, layoffs, and wage and hour actions.
Prior to joining Mintz, Mark was chair of the Employment Practices and Litigation group at a national litigation law firm. Under his leadership, his department was recognized as New York’s top employment litigation practice group by the New York Law Journal. Earlier he spent more than seven years as a federal prosecutor in the US Attorney’s Office in the Eastern District of New York.
Mark has received extensive individual accolades for his work, including from Chambers USA, Benchmark Litigation, Lawdragon, Legal 500 United States, the National Law Journal, and Law360.
While earning his JD, Mark served on the Stanford Law Review.
Experience
Restrictive Covenant Matters
- Won New York jury trial for Douglas Elliman in a suit against competitor firm and former manager involving a wrongful scheme to poach sales agents. The jury awarded a multimillion-dollar verdict against the competitor, including punitive damages.
- Successfully defended Northwell Health, one of the largest hospital systems in the US, in a lawsuit brought by NYU to stop a microvascular surgeon/oncologist from joining Northwell Health.
- Successfully negotiated the 2020 exit of celebrity real estate broker Ryan Serhant – currently starring in Netflix’s Owning Manhattan series – from a real estate brokerage involving complex restrictive covenant and business issues.
- Defended Northwell Health from breach of contract claims brought by a radiation oncology staffing firm.
- Represented Perella Weinberg Partners, a global financial services firm, in the hiring of an investment banking group, involving post-employment non-competition and non-solicitation covenants.
- Successfully represented XPO, Inc. in action in Cook County, IL, enforcing restrictive covenants against a senior technology employee attempting to join a competitor.
- Successfully represented former employees of Jones Lang LaSalle in non-competition, compensation, and other separation issues involving the formation of a new firm.
- Represented Connecticut-based hedge fund in employment matters involving the protection of intellectual property in connection with departing employees.
Executive and Private Equity Compensation Litigation
- Won New York trial, appeal, and subsequent litigation on behalf of private equity firm Saw Mill Capital in defense of claims for carried interest and other compensation by a former partner.
- Have represented private equity managers at the US’s largest PE firms, including groups of managers, in disputes over separations, restrictive covenants, and carried interest.
- Won NY arbitration hearing on behalf of a national chain of fertility and gynecology clinics, defeating claim by former Chief Financial Officer for company equity.
- Won preliminary injunction in Delaware Chancery Court on behalf of former Chief Investment Officer and board member of major private equity firm after firm threatened to withhold a 9-figure compensation.
- Won arbitration trial on behalf of the former executive team of a $1 billion public company, securing an $11.2 million arbitration award against the company.
- Represented celebrity real estate broker Ryan Serhant in the successful defense of SDNY litigation brought by three purchasers, resulting in a bar on plaintiffs refiling their claims.
- Defended developers and sales agency for NY super-tall high rise (111 W. 57 Street) in defense of breach of contract and tortious interference claims brought by a terminated sales agency.
- Defended H.I.G. Capital, a private equity firm, against WARN Act Class Action brought by former employees of a bankrupt portfolio company.
Discrimination and Sexual Harassment
- Defended CenturyLink from an employee’s allegations of sexual harassment and gender discrimination.
- Won summary judgment dismissing race discrimination action brought by reporters against the New York Post.
- Successfully defended Fox News Network from a sexual harassment class action filed by the EEOC.
- Defended Phillips-Van Heusen, a global apparel maker and retailer, from an employee’s pregnancy discrimination claim.
- Defended Godiva, the international chocolate manufacturer, in defense of disability discrimination claims based on the alleged inaccessibility of Godiva’s website to sight-impaired individuals.
- Defended an employee at Dentons, the international law firm, in defense of claims of sexual harassment.
- Defended a major US law firm in defense of discrimination claims brought by an IT manager.
- Represented the 92nd Street Y in defending against various employment disputes, including labor grievances and arbitrations.
- Represented six home health care aides, pro bono, securing a settlement from a home health care aide services agency to resolve their lawsuit alleging violations of state and federal labor laws.
News & Press
Mintz Adds Top Trial Lawyer Mark W. Lerner to Lead its Employment Litigation Group
February 18, 2025
Mark W. Lerner has joined Mintz’s New York office as a Member of the firm. Mark will serve as the Chair of the Employment Litigation Practice within the firm’s Employment group. Mark is a preeminent trial lawyer and employment attorney who leads cases and counsels clients on complex employment issues. His practice focuses on executive and private equity compensation disputes; trade secret and restrictive covenant disputes; discrimination and harassment litigation; high-stakes internal investigations; and representing institutions in all types of employment-related litigation. Mark is an award-winning litigator known for his trusted client counsel and leading a team of lawyers to excellence and great results.
Recognition & Awards
Chambers USA: Labor & Employment: Band 4 (2024)
Benchmark Litigation: “Top 50 Litigator” (2025)
Benchmark Litigation: “Litigation Star” (2025)
Lawdragon: “500 Leading Corporate Employment Lawyers” (2024)
Legal 500 United States: “Leading Lawyer”: Labor and Employment Defense (2024)
Law360: Award for Distinguished Legal Writing (2019)
New York Super Lawyers Metro, Employment & Labor (2024)
National Law Journal: Employment Law Trailblazer (2022)
Lawdragon: “Most Powerful Corporate Employment Lawyers” (2024)
The Legal Aid Society: Pro Bono Publico Award (2021)