Representative Matters

• Defense of an employer in class action ERISA litigation.

• Filed a multi-million dollar lawsuit on behalf of an employer against former employees who left to form a competing business in violation of covenants not to compete and state and federal trade secret acts.

• Argument in the 6th Circuit Court of Appeals regarding proper standards in employee intentional tort cases.

• Defense of employers in numerous trials alleging race, age, sex, disability and harassment discrimination.

• Successfully defended a national bank against multi-million dollar liability regarding allegations by the OFCCP of improper and discriminatory payment of wages.

• Defense of employer against a class action Fair Labor Standards Act case alleging improper payment of wages.

• Arbitration concerning breach of material terms in an employment agreement.

• Defense of an employer against allegations that employee-testing procedures were invalid.

• Defense of numerous employers against alleged violations under OSHA.

• Numerous collective bargaining negotiations on behalf of management.

• Numerous arbitrations defending employers concerning alleged violations of Collective Bargaining Agreements.

• Numerous arbitrations defending employers in terminating employees for just cause.

• Successfully negotiated a plant closing agreement on behalf of a major manufacturer with the United Steelworkers of America, AFL-CIO.

• Extensive counselling of employers on all aspects of immigration law.

• Conducted an independent third-party investigation of allegations of race
  harassment.

Professional & Community Associations

Professional Associations

• American Bar Association
• Ohio State Bar Association - Board of Governors 2008-2013
• Cleveland Metropolitan Bar Association - Former Board of Trustees and Executive Committee Member
• American Immigration Lawyers Association
• Trial Fellow of the Litigation Council of America
• Georgia State Bar Association
• Employment Inns of Court (Master Bencher)

Community Activities

• Former Parliamentarian of the Council of Delegates - Ohio State Bar Association
• Cleveland State University Industrial Relations Center - Former Labor Arbitration Panelist
• Cleveland Ballet - Former Executive Committee Member; labor counsel
• Cleveland Orchestra - Former member of Steering Committee for Orchestra Tomorrow
• Apollo's Fire - The Cleveland Baroque Orchestra - Former Vice President of Board and Legal Counsel
• The Club at Key Center - Former Chairman and Board Member
• Cleveland Institute of Music - Former Board member and Former Chair, Personnel Committee
• Urban League of Greater Cleveland - Former Board member

Presentations

• "Employment Contracts: Post-Termination Issues", 2009 OSBA Midwest Labor Law Conference, Columbus, Ohio

• "FMLA Extensions to Servicemembers and New FMLA Regulations", Federal Bar Association, Northern District of Ohio Chapter, Cleveland, Ohio, December 2, 2008

• "Family Medical Leave Act", Council for State Personnel Administration 2008 Fall Conference, Augusta, Georgia, October 23, 2008

• "Wage and Hour Updates", Atlanta, Georgia, October 22, 2008

• "What You Really Need To Know about the ADA Amendments Act of 2008", Cleveland, Ohio, October 17, 2008

• "Atlanta Daily Report Labor and Employment Roundtable Discussion", Atlanta, Georgia, October 1, 2008

• "Background Checks and Investigation Roundtable Discussion", Akron, Ohio, July 14, 2008

• "FMLA Extensions To Servicemembers Roundtable Discussion", Akron, Ohio, June 9, 2008

• "FMLA Extensions To Service Members and Proposed Regulations", H.R. Star Conference, Atlanta, Georgia, May 1, 2008

• "FMLA Extensions To Servicemembers Roundtable Discussion", Cleveland, Ohio, April 7, 2008

• "Calculating Diversity Return on Investment", Minority Corporate Counsel Association Meeting, New York City, November 8, 2007

• "Managing Your Employees' Expectations: Effective Evaluation and Discipline Documents", September 26, 2007

• "A Hitchhiker's Guide to Layoffs, Plant Closings and Reorganizations", May 24, 2007

• "The Family and Medical Leave Act: Common Pitfalls To Avoid", Cleveland Bar Association, Cleveland, Ohio, May 10, 2007

• "Hiring and Firing - Avoiding Litigation Pitfalls", H.R. Star Conference, Atlanta, Georgia, May 2, 2007

• "Wage and Hour Law Issues - Audit Now, Smile Later", Minority Corporate Counsel Association, Chicago, Illinois, March 21-23, 2007

• "Hiring and Firing: Avoiding The Legal Pitfalls", HR Star Conference, Cleveland, Ohio, July 2006

• "Crafting Effective Non-Compete Agreements", Cleveland Labor & Employment Seminar, June 2006

• "Top Ten Employer FMLA Mistakes", HR Star Conference, Atlanta, Georgia, May 2006

• "Electronic Discovery: A Guide to Cost-Shifting, the Duty to Preserve and Amendments to the Federal Rules of Civil Procedure", Midwest Labor and Employment Law Conference, Columbus, OH, November 18, 2005

• "Preemptive Strike: Protecting Your Company's Employment Assets", Business Law Roundtable, July 26, 2005

• "The Family Medical Leave Act - Top Ten Mistakes Employers Make", Cleveland HR Star Conference, July 2005

• "Employment Audits and Handbooks", Cleveland Client Labor & Employment Seminar, July 2005

• "Proper Wage and Hour Compliance", Cleveland Client Labor and Employment Seminar, July 2005

• "Hiring and Firing Workshop for Employers", Cleveland Client Labor and Employment Seminar, July 2005

• "Hiring and Firing: Avoiding the Legal Pitfalls", HR Star Conference; Atlanta, GA, May 2005

• "Employing Foreign Nationals Without Liability", Ohio State Bar Association-CLE Institute's 41st Annual Midwest Labor & Employment Law Seminar, Columbus, Ohio, October 2004

• "Current Issues Regarding OSHA", Employers Resource Council, HR Conference, June 2004

• "Veteran's Rights Under the Uniform Services Employment and Re-Employment Act of 1994", Cleveland Client Labor & Employment Seminar, June 2, 2004

• "Investigation of Employee Misconduct", Cleveland Client Labor & Employment Seminar, June 2, 2004

• "Occupational Safety & Health Act Update", Cleveland Client Labor & Employment Seminar, June 2, 2004

• "The Family Medical Leave - Top Ten Mistakes Employers Make", Presentation at the HR Star Conference, July 16, 2003

• "Legal Update And Wage and Hour Issues", Cleveland Client Labor & Employment Seminar, June 2, 2003

• "Litigation Avoidance Strategies", HR Star Conference, Cleveland, Ohio, July 2002

• "Effective Drafting of Non-Compete Agreements", OSBA Post-Employment Litigation Conference, Cleveland, Ohio, November 2001

• "A Guide to Avoiding Litigation Pitfalls", HR Star Conference, Cleveland, Ohio, July 2001

• "Hiring and Firing Issues", HR Star Conference, Cleveland, Ohio, July 2000

• "Confidentiality, Trade Secrets, and Covenants Not to Compete: Are They Really Enforceable", ABA - MCP 2000 Conference, Chicago, Illinois, October 1999

Education

Columbia Law School, J.D., 1983, Articles Editor, Columbia Journal of Art and The Law
Stanford University, A.B., 1980, Music (with honors), Political Science

Licensed to Practice

• Ohio
• Georgia

Awards & Recognitions Selected for inclusion in Ohio Super Lawyers magazine, 2006-2010 Named to Crain's Cleveland Business' "Forty under 40" list of outstanding young business leaders Who's Who Among Black Americans Who's Who in American Law Who's Who in Black Cleveland

Articles by Mark S. Floyd September 9, 2005 - "Preemptive Strike: Protecting Your Company's Employment Assets," Cincinnati Business Courier Spring 2005 - "Employers' Responsibilities to Today's Citizen Soldiers," Cleveland Bar Journal July 9, 2001 - "Supreme Court Ruling Moved Toward Favoring Arbitration," Crain's Cleveland Business November 2000 - "Written Policy Can Help Control Technology Abuse," Employee Cost Control Strategies for CEOs - Managers & Administrators August 14, 2000 - Co-Authored with Jim Neumeister, "NLRB Ruling to Dramatically Impact Employers," Crain's Cleveland Business May 8, 2000 - Co-Authored with Jim Neumeister, "Road to Becoming Law Long for OSHA," Crain's Cleveland Business April/May 2000 - "Employment at Will: Job-Related Lawsuits Rapidly Overwhelming the Courts," Kaleidoscope January 1999 - "Discrimination Damages: Controlling The Tax Consequences For The Plaintiff," The Practical Lawyer

Areas of Practice

Education Law
Labor and Employment
ERISA Litigation
Litigation
Sports Law