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Marc A. Antonetti

Partner

Washington, D.C.
T +1.202.861.1788
F +1.202.861.1783
mantonetti@bakerlaw.com
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Overview

In a rapidly changing legal environment, Marc Antonetti assists his clients in staying on top of current developments, ranging from the evolving law of non-competition agreements, to federal vaccination requirements and state anti-vaccination mandate counter-requirements, to the ever changing wage and hour laws and WARN Act analyses.

Marc also 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 as in arbitration proceedings. He also advises clients on executive contracts and employee discipline, and addresses questions regarding legal ethics.

Marc is a frequent writer and speaker on a wide variety of legal subjects in the labor and employment arena and has regularly served as a Contributing Editor for The Developing Labor Law. Recent blog posts and presentations have focused on growing state and federal hostility towards non-compete agreements and the federal contractor vaccine mandates. Marc serves as the administrative partner for BakerHostetler's Washington, D.C., office and has been ranked a Washington D.C. "Super Lawyer" for 2019, 2020 and 2021.

Select Experience

  • Trial counsel in a 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 a well-known New York hotel (ultimately controlled by a foreign sovereign wealth fund) and a foreign prince, and counterclaims brought by individual client defendants. Responsible for conducting multiple cross- and direct examinations at trial, including real estate experts, the opposing party's former real estate counsel and the opposing party's former director of human resources, and for arguing motions at trial. Prior to trial, conducted multiple deposition examinations, including examinations in the United Kingdom and of the opposing party's trial counsel.
  • Was lead defense counsel for a manufacturing company defendant in a 2004 Western District of Virginia case involving allegations of race discrimination and retaliation. Summary judgment was granted to the client on the eve of the scheduled jury trial. Argued a Fourth Circuit appeal in which the grant of summary judgment was affirmed.
  • Was lead trial counsel in a 2013 jury trial spanning three weeks in federal district court in Los Angeles in a case involving trademark infringement. Responsible for giving the opening and closing statements, conducting the direct and cross-examinations of multiple witnesses, and arguing numerous pretrial and trial motions.
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Experience

  • Trial counsel in a 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 a well-known New York hotel (ultimately controlled by a foreign sovereign wealth fund) and a foreign prince, and counterclaims brought by individual client defendants. Responsible for conducting multiple cross- and direct examinations at trial, including real estate experts, the opposing party's former real estate counsel and the opposing party's former director of human resources, and for arguing motions at trial. Prior to trial, conducted multiple deposition examinations, including examinations in the United Kingdom and of the opposing party's trial counsel.
  • Was lead defense counsel for a manufacturing company defendant in a 2004 Western District of Virginia case involving allegations of race discrimination and retaliation. Summary judgment was granted to the client on the eve of the scheduled jury trial. Argued a Fourth Circuit appeal in which the grant of summary judgment was affirmed.
  • Was lead trial counsel in a 2013 jury trial spanning three weeks in federal district court in Los Angeles in a case involving trademark infringement. Responsible for giving the opening and closing statements, conducting the direct and cross-examinations of multiple witnesses, and arguing numerous pretrial and trial motions.
  • Was a member of a multinational team representing clients in connection with foreign trademark matters currently pending in the Paraguayan Supreme Court and Paraguayan appellate court.
  • Served as trial counsel in a 2013 jury trial in the Eastern District of Virginia involving a claim of patent infringement. Responsible for conducting direct examination of the client's chief financial officer, cross-examination of the opposing party's technical expert and arguing motions.
  • Was lead defense counsel in a 2012 case in District of Columbia Superior Court involving noncompete agreements and a request for injunctive relief.
  • Was lead defense counsel in a 2013 case in District of Columbia Superior Court involving alleged breach of employment contract and alleged wage payment violations.
  • Was lead defense hearing counsel in a 2007 District of Arizona case brought under the Railway Labor Act by the Association of Flight Attendants against an airline. The case subsequently was dismissed following appeal to the Ninth Circuit.
  • Served as an employer's appellate counsel in 2007 Sarbanes-Oxley case before the United States Department of Labor's Administrative Review Board (ARB) in which a reinstatement ordered by an administrative law judge was reversed. On petition for review before the Fourth Circuit, the ARB's decision was affirmed. The employee's certiorari petition was later denied by the United States Supreme Court.
  • Served as counsel for an airline in connection with a 2007 election conducted in the National Mediation Board and sought by the Air Line Pilots Association. The pilots voted against unionization.
  • Was lead defense counsel in a 2004 labor arbitration involving a Teamsters local union grievance brought against a freight forwarding company. An award was issued in favor of the client.
  • Served as defense counsel in a 2002 race discrimination case brought by the Equal Employment Opportunity Commission (EEOC) against a manufacturing client. Negotiated 2003 resolution of the case with the EEOC.
  • Was lead defense hearing counsel in a 2002 labor arbitration involving a Steelworkers local union disciplinary grievance brought against a manufacturing client.
  • With client representatives, negotiated a 2002 collective bargaining agreement with a Steelworkers local union at a manufacturing facility.
  • In 2000, with client representatives, negotiated a plant closing agreement with the Steelworkers union. No unfair labor practice charges were filed.
  • With client representatives, negotiated with a Steelworkers local union in connection with a 1999 plant closing. No unfair labor practice charges were filed.
  • Served as hearing counsel in a 1999 matter brought against a freight forwarding company involving a Teamsters local union before a National Labor Relations Board administrative law judge.
  • Was 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 the client at contested evidentiary hearings before administrative law judges. Represented the client in appeals before the District of Columbia Compensation Review Board and federal Benefits Review Board. Represented the client in appeals to the District of Columbia Court of Appeals, including as lead counsel in connection with an oral argument, in which an award in favor of the claimant was vacated and remanded. On remand, an award was entered in favor of the client employer, with the decision sustained by the Compensation Review Board. Following oral argument, the Court of Appeals affirmed the order rejecting the claim. 

Recognitions and Memberships

Recognitions

  • Washington, D.C., "Super Lawyer" (2019 to 2022)
  • The Legal 500 United States (2016, 2017)
    • Recommended in Labor-management relations

Memberships

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

News

News

Publications

Alerts

Podcasts

Blog Posts

Events

Services

Industries

Emerging Issues

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

Blog

In The Blogs

Previous Next
Employment Law Spotlight
Just in Time for the Dreaded Recession – Mandated Severance Payments in New Jersey for Mass Layoffs and Closings
By Marc A. Antonetti, Amanda Van Hoose Garofalo
January 17, 2023
I Remember Something About This. Remember back before COVID-19 arrived in the United States – can you remember that far back? Way back then, New Jersey passed amendments to the New Jersey WARN Act that would require employers to provide...
Read More ->
AD-ttorneys Law Blog
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships
By Marc A. Antonetti, Daniel Kaufman
July 28, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
Read More ->
Employment Law Spotlight
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships and the Gig Economy
By Marc A. Antonetti, Daniel Kaufman
July 27, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
Read More ->
Employment Law Spotlight
At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices
By Marc A. Antonetti, Ashlee C. Grant , Allison R. Thomas
July 1, 2022
A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily...
Read More ->
Employment Law Spotlight
Far from Home in the Multiverse of Madness: Where Are We Now with Respect to the Federal Contractor Vaccine Mandate?
By Marc A. Antonetti
December 17, 2021
Do you like superhero movies? If you’re like me, you eagerly await the premieres of the new Spiderman movie this week and the Dr. Strange movie next year, where our heroes are expected to delve into the problem of multiple parallel...
Read More ->

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