Mark A. Pogue

Mark Pogue focuses his practice on employment law and related litigation, representing employers 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 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.

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, Labor & Employment Litigation, and Commercial 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 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