Mark Pogue focuses his practice on employment law and related litigation, representing employers and employees in a full range of employment matters in state and federal courts and administrative agencies. Mark appears frequently in courts across Rhode Island and Massachusetts, and before the Rhode Island Commission for Human Rights and the Massachusetts Commission Against Discrimination.

Mark has also litigated many matters involving ERISA claims. In addition to litigating contested issues, Mark advises clients on all their employment issues, including restrictive covenants, workforce reductions, disability leaves, wage and hour compliance, and termination.

Prior to joining Pierce Atwood, Mark was a partner in the Labor & Employment Practice Group at Edwards Wildman, now known as Locke Lord. Before that he practiced for three years as a trial attorney in the Civil Division of the United States Department of Justice in Washington, D.C., where he received the Department's Special Achievement Award.

Honors & Distinctions

  • Listed in The Best Lawyers in America® since 2008 for Employment Law, Labor Law, and Labor & Employment Litigation
  • Named a Best Lawyers "Lawyer of the Year" in Providence, RI in 2019 for Employment Law - Management, 2017 for Labor Law - Management, and in 2015 for Litigation – Labor and Employment Law
  • Listed in Chambers USA in the fields of Employment Law and Litigation since 2004
  • Recognized by Benchmark Litigation as a "Labor and Employment Star"

Professional Activities

  • Rhode Island Bar Association
  • Massachusetts Bar Association

Civic Activities

Mark is a director of The Genesis Center, a nonprofit organization providing adult education and occupation/skills training to the immigrant community in Rhode Island. He has served as a board member of the Audobon Society of Rhode Island, as an officer of the Rhode Island chapter of the Harvard Law School Association, and as Parliamentarian of the Rhode Island Credit Union.

Practice Areas

Representative Experience

  • Obtained a defense jury verdict in the first case ever tried under the federal Family and Medical Leave Act
  • Obtained a defense verdict in an age discrimination trial brought against a manufacturer that laid off a 60-year-old employee pursuant to a company restructuring program

Representative Experience

  • In a case of first impression, obtained summary judgment for a health insurer in an ERISA case brought by a couple seeking to compel the insurer to pay for the creation of a "savior" sibling

Mark handles tax controversies for clients in Rhode Island and Massachusetts. He has more than 20 years’ experience appearing in such matters before local tax assessors, administrative boards, the state division of taxation, Superior Court and the Rhode Island Supreme Court. Mark has worked on property tax appeals involving both real and personal property; sales tax disputes; income tax disputes; and other tax matters. He has advised local and multistate corporations on tax matters across multiple industry groups including manufacturing, hospitality, retail, airline, senior living, telecommunications and power generation. In addition, Mark has presented on tax abatement procedures for Lorman Education Services.

Representative Experience

  • In December 2017, following a trial, Mark received a judgment for $2.44 million, plus interest, in a property tax refund case filed on behalf of the largest hotel in Rhode Island. The judgment represented the amount of excess property taxes paid by the hotel during 2013-2015 as a result of an inflated assessment of the hotel’s value.