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    Mark Fijman Photograph

    Mark Fijman

    Counsel

    New Orleans
    Jackson
    504-679-5716
    mark.fijman@phelps.com
    Areas Of Focus
    Labor and EmploymentEmployment LitigationWage and Hour

    Mark Fijman represents and advises employers in all aspects of federal and state employment laws dealing with race, age, disability, gender, national origin and religious discrimination and in administrative proceedings before the Equal Employment Opportunity Commission and the U.S. Department of Labor. He also focuses on representing employers seeking to enforce noncompete agreements and taking legal action against former employees for misappropriation and misuse of company trade secrets.

    He represents clients from many industries, including manufacturing, engineering, gaming, health care and hospitality. He has extensive trial experience in the federal court system. In addition to his litigation experience in the private sector, he also represents and defends municipalities and law enforcement agencies in civil rights and employment litigation.

    He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. Restaurant and hospitality industry clients rely on his counsel to resolve labor and employment issues, including complying with the Fair Labor Standards Act and navigating U.S. Department of Labor investigations.

    Prior to beginning his legal practice, Mark worked as a television news producer and reporter for a number of network affiliate stations in the Southeast and Northeast. He also maintains a practice representing media outlets and individuals in First Amendment and defamation cases.

    He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. Restaurant and hospitality industry clients rely on his counsel to resolve labor and employment issues, including complying with the Fair Labor Standards Act and navigating U.S. Department of Labor investigations.

    Prior to beginning his legal practice, Mark worked as a television news producer and reporter for a number of network affiliate stations in the Southeast and Northeast. He also maintains a practice representing media outlets and individuals in First Amendment and defamation cases.

    Experience

    • Defended national restaurant chain franchise in case alleging race, disability and wage and hour claims. The case resulted in a jury verdict for the employer.
    • Defended Fortune 500 company in Americans with Disabilities (“ADA”) litigation associated with reduction-in-force.
    • Represented engineering firm in litigation brought against former company executive for misappropriation of trade secrets and breach of fiduciary duty.
    • Representing national wholesale distributor in litigation brought against former employees for breach of non-compete/non-solicitation agreements.
    • Representation of a Mississippi municipality in a race discrimination/retaliation case, resulting in pretrial dismissal of the lawsuit.
    • Representation of a Mississippi municipality in an excessive force lawsuit. The case resulted in a jury verdict for the city.
    • Representation of a Mississippi municipality in an excessive force lawsuit. The case resulted in a jury verdict for the city.

    Recognition

    • Employment Law - Management (2024-2026), The Best Lawyers in America 
    • George Foster Peabody Broadcast Award – Documentary “Under the Influence” (Television Producer), WKRN TV, Nashville, Tennessee (1993)
    • Mississippi Associated Press Award “Best Newscast”, WJTV-TV, Jackson, Mississippi (1988)
    • Employment Law - Management (2024-2026), The Best Lawyers in America 
    • George Foster Peabody Broadcast Award – Documentary “Under the Influence” (Television Producer), WKRN TV, Nashville, Tennessee (1993)
    • Mississippi Associated Press Award “Best Newscast”, WJTV-TV, Jackson, Mississippi (1988)

    Education

    • Mississippi College School of Law, J.D., Case Note and Comment Editor, Mississippi College Law Review, 1998
    • Emerson College, B.S., Mass Communications, Gold Key Honor Society, 1983
    • Mississippi College School of Law, J.D., Case Note and Comment Editor, Mississippi College Law Review, 1998
    • Emerson College, B.S., Mass Communications, Gold Key Honor Society, 1983

    Credentials

    • Louisiana
    • Mississippi
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Mississippi
    • Judicial Law Clerk for Hon. B. Greg Hinkebein, Mississippi Court of Appeals
    • Louisiana
    • Mississippi
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Mississippi
    • Judicial Law Clerk for Hon. B. Greg Hinkebein, Mississippi Court of Appeals

    Memberships and Affiliations

    • Federal Bar Association, Mississippi Chapter - President (2003-2004)
    • State Bar of Texas
    • The Mississippi Bar
    • Louisiana State Bar Association
    • Federal Bar Association, Mississippi Chapter - President (2003-2004)
    • State Bar of Texas
    • The Mississippi Bar
    • Louisiana State Bar Association
    • Overview
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    • Credentials
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    Related Services

    • Labor and Employment
    • Employment Litigation
    • Wage and Hour
    • Franchise and Distribution
    • Media and First Amendment Law
    • Media and Entertainment
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