Mark W. Batten is a partner in the Labor & Employment Law Department and co-head of the Class & Collective Actions Group.
Mark represents employers nationwide at all stages of complex employment litigation, including class and collective actions on wage and hour matters and discrimination claims, and Commissioner’s Charges and other charges of nationwide import brought by the Equal Employment Opportunity Commission. Ranked Band 1 for eight consecutive years by Chambers USA, Mark is hailed as “a fabulous lawyer, handling interesting and complex cases.” Clients say that “Mark's knowledge never ceases to amaze me and his ability to provide legal advice is top-notch,” and note “he is responsive, pragmatic and team-oriented, and offers excellent legal advice.”
Outside of class and collective litigation, Mark assists clients with all aspects of employment policies and practices, including hiring, termination, leaves, accommodation of disabilities, and other matters. Mark also handles diverse civil litigation, including litigation of noncompetition agreements, discrimination and wrongful termination litigation in federal and state courts; proceedings before the EEOC and Massachusetts Commission Against Discrimination; executive disputes; and wage and hour matters. He is also an experienced appellate attorney both in employment cases and other civil litigation, handling appeals at all levels in the state courts and in the United States Courts of Appeals.
Mark also has substantial experience with traditional labor matters. He regularly represents employers in a variety of industries, including a number of newspaper and media companies, in collective bargaining, practice before the NLRB, labor arbitrations, union organizing campaigns, and day-to-day advice on administration of collective bargaining agreements. He regularly advises clients in both union and non-union settings on diligence matters in corporate acquisitions and financings. He also has experience on behalf of securities firms in arbitrations before the NASD and NYSE of customer and employee complaints.
Before joining Proskauer, Mark was a trial attorney in the Civil Division of the U.S. Department of Justice in Washington, where he was lead counsel in major litigation for over two dozen federal agencies, ranging from the U.S. Air Force, the CIA, and the U.S. Secret Service to the Department of Housing and Urban Development and the National Endowment for the Arts.
Mark regularly writes and lectures on employment-related matters, including, for instance, MCLE's Representing Clients Before the Massachusetts Commission Against Discrimination.
In his spare time, Mark is an experienced computer programmer, conversant in C, C++, and other languages. He has ported more than 35 commercial computer games between computer operating systems.