Edward J Herban

Ed Herban is an experienced employment litigator with nearly three decades of practice representing clients across the full spectrum of workplace disputes. He handles matters involving wage and hour violations, prevailing wage disputes, discrimination, wrongful termination, whistleblower claims, and complex statutory issues under laws such as Title VII, the ADA, ADEA, FMLA, FLSA, and their state counterparts. Over the course of his career, Ed has secured successful outcomes for his clients through litigation, negotiation, and trial. His proven trial record carries real weight—employers and opposing counsel approach cases differently when they know they are facing an attorney who has consistently delivered results.

Before joining Mark & Kleinfeldt, Ed began his legal career on the defense side as an employment attorney and Assistant General Counsel at a global financial institution. In that role, he advised senior leadership and human resources professionals on virtually every aspect of employment law—from hiring and compensation to reductions in force and high-stakes litigation—while directly managing employment disputes in courts and before agencies such as the EEOC and U.S. Department of Labor. He successfully defended matters through trial and agency proceedings, frequently achieving favorable outcomes, including “no probable cause” determinations in civil rights investigations.

This in-house experience gives Ed a unique and valuable perspective: he understands how employers think, assess risk, and make decisions. He leverages that insight to guide employees strategically in disputes, negotiations, and career transitions. Ed has drafted and reviewed hundreds of employment, separation, and severance agreements and brings deep practical knowledge to helping clients navigate and negotiate these critical documents.

Ed later founded and operated his own firm, where he maintained a diverse practice spanning employment law, commercial litigation, business formation and transactions, and real estate matters. This broad-based experience sharpened his litigation skills and business judgment, which he now applies exclusively to advocating for employees in disputes with employers.

In addition to his litigation work, Ed has provided expert testimony on U.S. and New Jersey employment law, argued appeals before the New Jersey Appellate Division, and even testified before the New Jersey Senate on multiple occasions concerning bills affecting wage and hour law reform. He is admitted to practice in New York and New Jersey, as well as the U.S. District Court for the District of New Jersey, and dedicates his practice entirely to employment litigation.