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
  • Named a New England and Rhode Island "Super Lawyer" for Employment Litigation by Law and Politics magazine since 2007

Professional Activities

  • Rhode Island Bar Association
  • Massachusetts Bar Association
  • Employment Law Alliance

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 is an officer of the Rhode Island chapter of the Harvard Law School Association, and serves 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 prosecutes property tax appeals for clients in Rhode Island and Massachusetts. He has more than 20 years experience handling major tax controversies before local assessors, administrative boards, superior courts, and the Rhode Island Supreme Court. Mark has prosecuted appeals involving both real and personal property, on behalf of both commercial and residential property owners. He has advised local and multi-state corporations on property tax issues across multiple industry groups including manufacturing, hospitality, retail, airline, senior living, and telecommunications.

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.