Marc A. Antonetti

Partner

Washington, D.C.
T +1 202.861.1788  |  F +1 202.861.1783

Marc Antonetti is an experienced litigator who focuses primarily on labor and employment law, with additional experience in the areas of complex commercial and intellectual property litigation. His practice includes counseling employers on all aspects of the employment relationship, negotiations with labor unions, and the representation of clients in and before courts and administrative agencies, as well in arbitration proceedings. He also advises clients on executive contracts, plant closings and employee discipline, and addresses questions regarding legal ethics. Marc serves as the Administrative Partner for BakerHostetler's Washington, D.C., office.

Marc has served as a contributing author to the employment law chapter of Mergers & Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers, as well as a contributing editor to the Third Edition of the treatise The Railway Labor Act and as a Senior Editor for its 2008, 2009 and 2010 Supplements. His other published works include: "Workers' Compensation Statutes and the Recovery of Emotional Distress Damages in the Absence of Physical Injury," 1990 Annual Survey of American Law 671, "How to Avoid Sexual Harassment Problems," Whole Foods Magazine, May 1999.  Marc also was a contributing author to the chapter on labor and employment law in the ABA's Administrative Law Section’s Developments in Administrative Law and Regulatory Practice 2004-2005.

Select Experience

  • Trial counsel in 2010 jury trial spanning six weeks in New York state court in Manhattan. The case, which garnered significant media attention, involved claims of alleged breach of fiduciary duty brought by well-known New York hotel (ultimately controlled by foreign sovereign wealth fund) and foreign prince and counterclaims brought by individual client defendants. Responsible for conducting multiple cross and direct examinations at trial, including real estate experts, opposing party's former real estate counsel, and opposing party's former director of human resources and for arguing motions at trial. Prior to trial, conducted multiple deposition examinations including examinations in United Kingdom and of opposing party's trial counsel.
  • Lead defense counsel for manufacturing company defendant in 2004 Western District of Virginia case involving allegations of race discrimination and retaliation. Summary judgment granted to client on eve of scheduled jury trial.  Argued Fourth Circuit appeal in which grant of summary judgment was affirmed.
  • Lead trial counsel in 2013 jury trial spanning three weeks in federal district court in Los Angeles in case involving trademark infringement. Responsible for conducting opening statement and closing argument, conducting the direct and cross examination of multiple witnesses and arguing numerous pre-trial motion and trial motions.
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Experience

  • Trial counsel in 2010 jury trial spanning six weeks in New York state court in Manhattan. The case, which garnered significant media attention, involved claims of alleged breach of fiduciary duty brought by well-known New York hotel (ultimately controlled by foreign sovereign wealth fund) and foreign prince and counterclaims brought by individual client defendants. Responsible for conducting multiple cross and direct examinations at trial, including real estate experts, opposing party's former real estate counsel, and opposing party's former director of human resources and for arguing motions at trial. Prior to trial, conducted multiple deposition examinations including examinations in United Kingdom and of opposing party's trial counsel.
  • Lead defense counsel for manufacturing company defendant in 2004 Western District of Virginia case involving allegations of race discrimination and retaliation. Summary judgment granted to client on eve of scheduled jury trial.  Argued Fourth Circuit appeal in which grant of summary judgment was affirmed.
  • Lead trial counsel in 2013 jury trial spanning three weeks in federal district court in Los Angeles in case involving trademark infringement. Responsible for conducting opening statement and closing argument, conducting the direct and cross examination of multiple witnesses and arguing numerous pre-trial motion and trial motions.
  • Member of multinational team representing clients in connection with foreign trademark matters currently pending in Paraguayan Supreme Court and Paraguayan appellate court.
  • Trial counsel in 2013 jury trial in the Eastern District of Virginia involving claim of patent infringement. Responsible for conducting direct examination of client’s Chief Financial Officer and cross examination of opposing party’s technical expert and arguing motions.
  • Lead defense counsel in 2012 case in District of Columbia Superior Court involving non-compete agreements and request for injunctive relief.
  • Lead defense counsel in 2013 case in District of Columbia Superior Court involving alleged breach of employment contract and alleged wage payment violations.
  • Lead defense hearing counsel in 2007 District of Arizona case brought under Railway Labor Act by Association of Flight Attendants against airline.  Case subsequently dismissed following appeal to Ninth Circuit.
  • Employer's appellate counsel in 2007 Sarbanes-Oxley case before United States Department of Labor's Administrative Review Board ("ARB") in which reinstatement ordered by Administrative Law Judge was reversed. On petition for review before the Fourth Circuit, ARB's decision affirmed. Employee's certiorari petition later denied by United States Supreme Court.
  • Counsel for airline in connection with 2007 election conducted in the National Mediation Board and sought by sought by Air Line Pilots Association. Pilots voted against unionization.
  • Lead defense counsel in 2004 labor arbitration involving a Teamsters local union grievance brought against freight forwarding company. Award in favor of client.
  • Defense counsel in 2002 race discrimination case brought by United States Equal Employment Opportunity Commission against manufacturing client. Negotiated 2003 resolution of case with EEOC.
  • Lead defense hearing counsel in 2002 labor arbitration involving Steelworkers local union disciplinary grievance brought against manufacturing client.
  • With client representatives, negotiated 2002 collective bargaining agreement with Steelworkers local union at manufacturing facility.
  • In 2000, with client representatives, negotiated plant closing agreement with Steelworkers union. No unfair labor practice charges filed.
  • With client representatives, negotiated with Steelworkers local union in connection with 1999 plant closing. No unfair labor practice charges filed.
  • Hearing counsel in 1999 matter brought against freight forwarding company involving Teamsters local before National Labor Relations Board Administrative Law Judge.
  • Lead defense hearing counsel in multiple workers' compensation actions brought in the District of Columbia by professional athletes. Representations involved taking depositions of professional athletes, former team physicians, and independent medical examiners and representing client at contested evidentiary hearings before administrative law judges. Represented client in appeals before the District of Columbia Compensation Review Board and federal Benefits Review Board. Represented client in appeals to the District of Columbia Court of Appeals, including as lead counsel in connection with 1999 oral argument, in which award in favor of claimant was vacated and remanded. On remand, award entered in favor client employer, with decision sustained by Compensation Review Board. Following oral argument, Court of Appeals affirmed order rejecting claim. 

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Labor and Employment: Labor-management relations

Memberships

  • American Bar Association
    • Labor and Employment Section
    • Administrative Law Section, Labor and Employment Committee: Vice-Chair (2013 to present); immediate past Co-Chair
    • Dispute Resolution Section: Vice Chairman (2000 to 2009)
  • State Bar of Texas: Pro Bono College (2001 and 2002)

Services

Industries

Admissions

  • U.S. Supreme Court, 2009
  • U.S. Court of Appeals, Fourth Circuit, 2004
  • U.S. Court of Appeals, Fifth Circuit, 1994
  • U.S. Court of Appeals, Ninth Circuit, 2008
  • U.S. District Court, District of Columbia, 1995
  • U.S. District Court, Southern District of Texas, 1992
  • District of Columbia, 1994
  • Texas, 1991

Education

  • J.D., New York University School of Law, 1991
  • B.A., University of Notre Dame, 1988, with honors