Mark M. Whitney

About

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.