Mark A. Pogue

Mark Pogue focuses his practice in the areas of employment law and related litigation, as well as tax dispute matters in Rhode Island and Massachusetts.

Mark represents employers in a full range of employment matters in state and federal courts and administrative agencies. He appears frequently in courts across Rhode Island and Massachusetts, and before the Equal Employment Opportunity Commission, the Rhode Island Commission for Human Rights, and the Massachusetts Commission Against Discrimination.

In addition to litigating discrimination claims and other contested issues, Mark advises clients on all their employment issues, including restrictive covenants, workforce reductions, disability leaves, wage and hour compliance, and termination.

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.

Prior to joining Pierce Atwood, Mark was a partner 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, Labor & Employment Litigation, and Commercial Litigation
  • Named a Best Lawyers "Lawyer of the Year" in Providence, RI in 2019 for Employment Law - Management, in 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 as a "Labor and Employment Star" by Benchmark Litigation, the definitive guide to America’s leading litigation firms and attorneys
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 formerly served on the board of directors of the Audubon 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
  • 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
Representative Experience
  • Obtained a tax refund after trial of more than $3 million for a Rhode Island hotel.
  • Obtained tax refunds and exempt status for numerous non-profit entities.
  • Obtained tax relief for commercial entities based on negative economic impact of COVID-19 pandemic.