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Mark M. Whitney

Discrimination Attorney at Marblehead, MA

5.0   20 reviews

Licensed for 28 years

Virtual consultation available

About Mark

Learn Mark’s areas of practice.

Mark founded Whitney Law Group, LLC in 2017. For 15 years prior to founding WLG, Mark gained experience at Morgan, Brown & Joy, LLP in Boston, one of the oldest and largest management-side employment law boutiques in the country. Mark was an equity partner at MB&J from 2006 to 2017.Prior to that, Mark worked at two Am Law 100 firms in New York City and Boston, and at the largest law firm in New Hampshire. 

For his first 24 years of practice, Mark has focused on employment law and a variety of complex commercial litigation.  Mark spent the vast majority of his practice representing employers and insurance companies.

Mark has a broad spectrum of employment law experience.  He has successfully handled cases before administrative agencies and the courts in disputes arising under the myriad state and federal laws that regulate the employment relationship. An important part of Mark's practice has been helping clients prevent such disputes by providing consulting services on a variety of employment law issues, such as risk management practices, personnel policies, and statutory compliance. Mark also conducts employment law-related risk management training for executives/management and employees.

Over the years Mark developed substantial experience in the areas of restrictive covenants, trade secret and intellectual property protection, and unfair competition law. He helps companies protect their valuable trade secrets and business relationships. Mark assists clients with prevention and strategic advice, including development and implementation of critical policies, best practices, key agreements (noncompete, nonsolicitation, nondisclosure, inventions and developments, separation, and other employment-related agreements), hiring and other business strategy decisions. Mark has represented companies in court and arbitration proceedings concerning disputes over misappropriation of trade secrets, employee raiding, breaches of restrictive covenants, violations of fiduciary duty/duty of loyalty and related business torts, or other methods of unfair competition. Mark is the author of the New England Non-Compete and Trade Secrets Digest, a blog that covers developments in the law of Restrictive Covenants, Trade Secrets, Unfair Competition, Employee Mobility, and Business Torts in the six New England states. Mark is a member of the Advisory Board of Brooklyn Law School’s Trade Secrets Institute. He is an active member of the Trade Secret and Interference with Contracts Committee of the ABA’s Section of Intellectual Property Law, and authors the First Circuit Trade Secret Law Update for the ABA IP law section’s annual meeting. Mark previously served for several years as the editor of the Massachusetts chapter of the leading national treatise on noncompetition law. [Covenants Not to Compete: A State By State Survey (BNA 2004)]

At WLG, Mark puts his years of defense-oriented knowledge and experience to work on behalf of individuals.  Mark assists individuals who may have been subjected to an adverse employment action and prosecutes claims based on unlawful discrimination and other employment-related claims.  Also, as explained in the practice section, Mark provides individuals with an affordable, fixed price approach to restrictive covenant issues.  This unique approach is designed to give individuals a fighting chance to fight overbroad or unfair post-employment non-compete agreements and other restrictions.

Client's Choice 2017
Client's Choice

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Licensed for 28 years
State MA
Status Active
Acquired 1997
Updated 09/19/2022
State NH
Status Active
Acquired 1996
Updated 01/11/2017
State CT
Status Active
Acquired 1994
Updated 11/28/2022
State NY
Status Delinquent
Acquired 1994
Updated 06/05/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Mark

Whitney Law Group, LLC
Whitney Law Group, LLC
155 Fleet Street
Portsmouth, NH, 03801
Whitney Law Group, LLC
67 South Bedford Street
Suite 400 West
Burlington, MA, 01803
Whitney Law Group, LLC
48 Wall Street
11th Floor
New York, NY, 10005
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Reviews

5.0 / 5.0
  20 customer reviews
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Client's Choice 2017
Client's Choice
Mark received a significant number of 4+ stars in 2017
Posted by Danielle | May 29, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Excellent, Knowledgeable Counselor
We hired Mark to help us with some employment law and contract issues. He was extremely knowledgeable and detailed, and he was very responsive - even on weekends! Mark was an excellent investment. We saved far more money by hiring him than if we'd undertaken the process on our own. I fully endorse Mark and would recommend him to anyone with similar needs.
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Posted by Jen | November 15, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Super Lawyer !!
Mark is one of the most knowledgeable, brilliant and considerate lawyers I have dealt with. He helped me resolved with a very complicated matter, I'm very impressed with the way he and his team handled the matter. I would highly recommend him for any Discrimination, Contracts and agreements, Sexual harassment cases. Thank you for everything.
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Posted by anonymous | January 10, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Excellent, knowledgeable, responsive!
Maureen at Whitney Law Group LLC was a pleasure to work with! She was accessible, informed and really took the time to go over my options and keep me in the loop. I needed advice on an employment situation, in terms of what my legal rights were and she guided me every step of the way. I could not be happier with the firm, the people, the service I received, and the successful outcome. Highly recommend!
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Posted by anonymous | April 12, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Masterful counsel with an NDA matter
When I needed an attorney to handle a contentious employment matter, Mark came highly recommended (“Reach out to Mark. No question. He’s the best”). After working with Mark and his colleague, Maureen, on a complex matter related to a former employer’s NDA, I wholeheartedly agree. Mark is incredibly knowledgeable, strategic, and extremely thorough in every regard. His style is direct yet empathetic, which was displayed when he helped guide me through what was a very trying situation. His colleague Maureen is also great. She was accessible when needed, is super sharp, and thoughtful within every interaction. What was also refreshing to experience, was how both Mark and Maureen always kept things on track, which was appreciated as legal matters can get costly. In the end, the outcome was an extremely positive one and I will forever be thankful to Mark and Maureen for their help and their professionalism. If you ever are in need of a legal team to handle an employment matter, you need to work with Mark and Maureen. No question, they are the best.
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Posted by anonymous | December 19, 2020
This review is from a person who hired this attorney.
| Hired Attorney
A Confident and Smart Attorney
After understanding my situation, Mark got into several negotiations with my former employer. He's very conscientious and cares about my benefits. It was a difficult negotiation process because my former employer was not cooperative. Mark gave the other side's lawyer our best reasoning and what normal companies would do for my situation, but my former employer let their ego get in the way, instead of doing the right thing to investigate, they terminate the good person and wanted to pay a small fee to let me go away quietly. Knowing it has been a retaliation I consulted 4 attorneys in New Hampshire, including some well known ones. They were all unwilling to represent me, but Mark stood up after hearing my story and knew I could get better than what was offered. Through his work in the end I gained a substantial amount extra pay.
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Posted by Robert | June 23, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Employee Assistance
Mark and his associate, Maureen were extremely helpful to me. They made me feel like I was the only client and helped me obtain a favorable outcome. I highly recommend Mark, Maureen and the firm for any employment matter.
Posted by anonymous | June 4, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Employment non-compete - AMLAW200 caliber expertise,service, and representation
Mark and his team at Whitney Law Group were a fantastic resource in a recent non-compete dispute. Over the years, I have witnessed first-hand how much quality legal representation is often tied to how deep your pockets are. Mark and his team offered me that kind of service, taking the time necessary to understand the case and negotiate the best terms for me. From the beginning of my case, it was clear that there were roadblocks that would have been impossible to navigate without Mark's exposure and experience. Leaning on Mark's thoroughness, we were able to act quickly through botched agreements, inept opposing counsel, questionable procedures, and complete disregard for timelines from the opposing party. If you are looking for an attorney in your Labor/Employment issue that will do everything possible to do right given your circumstances, Mark is your guy. Professional, understanding, and laborious.
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Posted by anonymous | May 23, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Employment Separation Agreement
Mark and his associate Maureen were hired to help negotiate an Employment Separation Agreement. Their services were outstanding from the beginning. They were extremely professional, and responsive, yet were always considering my emotions as my position was eliminated after working 14 years at this company. They handled negotiations with a very large and influential employer with great knowledge, and an understanding on how to position myself to receive the best severance package possible. The services I was provided during this process exceeded my expectations, and I would highly recommend Mark and Maureen.
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Posted by Irina | August 15, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Working with Mark Whitney.
I had an excellent experience working with Mark. He is a very professional and knowledgeable lawyer. Thank you so much for excepting our case and helping us with this difficult situation and consulting us. I definitely would recommend him.
Posted by anonymous | June 14, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Mark is the best lawyer I have work with
Mark handled my severance case. From beginning, he impressed me with his knowledge, experience and insights. He provided very thoughtful and clear advice. He was very responsive and always available for communication. Mark paid great attention to details. He is professional as well as personable. I feel very comfortable to interact with him. Because of his help, I got a very satisfying outcome from the case.
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Posted by Peter | November 20, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Attorney Mark Whitney saved the day!!!
I had a situation at work where I could have lost my job unless I had sought the skills and expertise of an attorney like Mark. My situation had not been portrayed accurately to HR and as a result I did not have many people at the organization to stand by my side. Mark helped me structure the facts and delivery of information to HR which helped clarify the situation and ultimately made the charges against me completely disappear. If Mark had not helped manage and draft compelling letters to human resources the outcome of my situation would have been dramatically different. Thank you Mark....I truly believe that your actions saved my job and more importantly my career. Best, PWS
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Posted by joseph | November 9, 2017
This review is from a person who hired this attorney.
| Hired Attorney
The Best Lawyer around.
I hired Mark to handle my discrimination and non compete case. Before hiring Mark i consulted with three big law firms in the New England area but was not convinced with them and decided to go with Mark. Best decision i ever made. Mark did a spectacular job handling my case and got it sorted out in less than 4 months. He is a great guy to deal with as well. You will never get the feeling you are dealing with a lawyer, you will really feel like you are dealing with a friend. He is always very patient and friendly and will give you the exact facts. He is not out to get your money and is always looking out for your best interests. He is tough and super smart and really knows what he is doing. The best damn lawyer around. Don't waste your time and money with the big firms. I would highly recommend Mark he is a rock star.
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Posted by Andrew | October 26, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Mark Whitney feedback 10-2017
Mark did an outstanding job in negotiating a better severance package for me when I left corporate life. He quickly understood what I was looking for and was clear, direct and effective in doubling the value of my severance. Also a pleasure to work with.
Posted by anonymous | September 19, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Absolutely the best in the business!
I hired Mark to guide me through a separation settlement with a former employer. Due to the nature of my job, I interact with different lawyers on regular basis, and I have worked with some of the best out there. So I reached out to few, and I must say that I was not impressed, till I spoke to Mark. Just few minutes into the conversation, Mark was able to fully assess the situation, and discuss some options with me. He is extremely bright, tenacious, and very accessible despite his very busy schedule. Mark advice and approach were very sound and was happy with the outcome. His honesty, integrity, and work ethic are a rare breed in this business.
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Posted by Sarah | August 8, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Excellent advice during job elimination
I reached out to Mark at the suggestion of a family member when I was worried that my employment of almost 19 years was possibly going to end due to a restructuring. I was able to make good decisions with his advice before, during and after my the eventual loss of my job. He assisted in consultation, review, and feedback on all of my interactions with my former employer critically during the severance package review. I would strongly suggest working with Mark as he was a true professional providing me the information and confidence I needed. I will surely recommend him to any other friends or family members from the Greater Boston, North Shore and Merrimack Valley if they should need legal services. He made me feel brave, empowered and supported during a really difficult time in my professional life.
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Posted by Ted | July 25, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Non Compete settlement
I hired Mr. Whitney in the spring on 2017 and he was instrumental in helping me get back to work as quickly as possible! His sense of urgency with my situation, his responsiveness and professionalism confirmed that I made the right decision in hiring him!
Posted by Michael Kraft | May 12, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Knowledgeable and Aggressive
As General Counsel for a company with nearly 1000 employees, we do occasionally need the help of a very experienced employment lawyer. Mark has counseled us numerous times on many issues, including new hires where we are dealing with non-competes from prior companies, difficult employees, hearings before the MCAD and much more. He is a consummate professional, easy to work with, and provides sound advice. I highly recommend him.
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Posted by Scott | February 9, 2017
This review is from a person who hired this attorney.
| Hired Attorney
The BEST Non-Compete Attorney on the Planet!
Mark Whitney is hands down the best non-compete attorney that I have experienced. I was a Vice President at a manufacturing company and I had an "iron clad" non-compete contract. I was trying to leave my employer to start my own business. I consulted with several attorneys and all of them were in agreement that I had no chance of getting out of this non-compete contract. I was referred to Mark Whitney from an investment banker that wanted to fund my startup business. After my consultation with Mark ... I knew I found the right lawyer to represent me. I quit my job and I hired Mark. He performed a miracle! I had a full release from my former employer in less than four weeks! I absolutely recommend Mark Whitney.
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Posted by BobG. | February 3, 2017
This review is from a person who hired this attorney.
| Hired Attorney
Hired Atty. Mark Whitney twice. Two times a victor!
It's rare to find an attorney/firm that actually cares about the outcome, vs. just trying to settle the litigation. Mark was referred to me by my corporate counsel and the best employment lawyer around. They were right. From the initial encounter to hours and hours of preparation time, to the sit down with the other sides law firm, he was tenacious in his pursuit of the best possible end result. And, he out argued the facts that their side was too lazy to discover, which cost them in the end, quite a bit of money in the settlement. My company(s) and I owe him a lot as a result.
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Posted by anonymous | June 20, 2014
Great Lawyer!
Mark partnered with my firm to help me fight my non compete lawsuit. He was a thorough dedicated professional. I just completed my 10th anniversary at the workplace he helped me stay my helping me win the unreasonable lawsuit.
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Contact for Details

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Founder
  • Whitney Law Group, LLC
  • 2017 - Present
  • Partner
  • Morgan, Brown & Joy, LLP
  • 2006 - 2016
  • Associate
  • Morgan, Brown & Joy, LLP
  • 2001 - 2005

Education

  • Brooklyn Law School
  • JD - Juris Doctor
  • 1993
  • University of Rochester
  • BA - Bachelor of Arts
  • 1987

Associations

  • Essex County Bar Association
  • 2017 - Present
  • Boston Bar Association
  • 1997 - Present
  • Massachusetts Bar Association
  • 1997 - Present
  • New Hampshire Bar Association
  • 1995 - Present
  • American Bar Association
  • 1994 - Present
  • Association of the Bar of the City of New York
  • 1994 - 1995
View all associations

Languages Spoken

  • English

Awards

  • AV Preeminent Rated
  • Martindale-Hubbell
  • 2022
  • AV Preeminent Rated
  • Martindale-Hubbell
  • 2017
  • Super Lawyer
  • Super Lawyers
  • 2016
  • AV Preeminent Rated
  • Martindale-Hubbell
  • 2016
  • Super Lawyer
  • Super Lawyers
  • 2015
  • Super Lawyer
  • Super Lawyers
  • 2014
  • Super Lawyer
  • Super Lawyers
  • 2013
  • Super Lawyer
  • Super Lawyers
  • 2012
  • Super Lawyer
  • Super Lawyers
  • 2011
  • Rising Star
  • Super Lawyers
  • 2006
  • Rising Star
  • Super Lawyers
  • 2005
View all awards

Speaking Engagements

  • Certified Courses for EEO Professionals
  • Disability Accommodation Module
  • 2016
  • MetroWest Chapter of the Society for Human Resources Management
  • Annual Employment and Labor Law Update
  • 2015
  • Human Resource Management Association
  • MA Earned Sick Time Law
  • 2015
  • Greater Merrimack Valley Human Resource Association
  • Developments in the Law of Noncompetes and Other Post-Employment Restriction
  • 2015
  • Certified Courses for EEO Professionals
  • Disability Accommodation Module
  • 2015
  • BNA Bloomberg Seminar
  • Trade Secrets: The New Frontier in a Changing IP Landscape
  • 2015
  • MetroWest Chapter of the Society for Human Resources Management
  • Annual Employment and Labor Law Update
  • 2014
  • Greater Merrimack Valley Human Resource Association
  • "Employee Use of Social Media and its Impact on Employer Efforts to Protect IP and Business Relationships"
  • 2014
  • Continuing Legal Education Seminar
  • Litigating Employment Cases; presented on topic of "Ethical Challenges Faced by the Employment Lawyer."
  • 2014
  • MetroWest Chapter of the Society for Human Resources Management
  • Annual Employment and Labor Law Update
  • 2013
  • Greater Merrimack Valley Human Resource Association
  • Annual Employment Law Update
  • 2013
  • Certified Courses for EEO Professionals
  • Disability Accommodation Module
  • 2013
  • Certified Courses for EEO Professionals
  • Disability Accommodation Module
  • 2012
View all speaking engagements

Attorney endorsements

Received (2)
Given (1)
Contracts and agreements Attorney | Aug 26
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Employment and labor Attorney | May 21
Relationship: Worked together on matter
"I have known and worked with Mark Whitney for several years. We have worked closely together on several matters affecting our mutual client. He is very skilled and knowledgeable and appropriately aggressive. He is always thinking of new and creative ways to address a problem, and above all else, he provides excellent counseling and recommendations. I recommend Mark without hesitation."
Marblehead Discrimination Lawyer Mark M. Whitney
Mark M. Whitney
Discrimination Attorney
Marblehead, MA
Licensed for 28 years
Virtual consultation available