Mark S. Posard is a Senior Partner in the California and Massachusetts offices of GRSM. He has a diverse commercial litigation and trial practice with core focuses on employment, representation of directors and officers, and sub-specialties defending healthcare facilities, hospitality companies and common interest developments.  He has won numerous jury trials and binding arbitrations, in addition to resolving many cases through mediation. 

Mark has significant experience representing businesses, management, executives, directors, officers, and shareholders in virtually every area of employment law and commercial disputes.  This includes discrimination, workplace harassment, ADA/disability claims, compensation, unfair competition, trade secret violations, unfair labor practices, OSHA, and wage and hour class actions. Additionally, Mark routinely handles state and federal litigation involving derivative, class, and individual suits defending claims for breach of fiduciary duty, company control, fraud, misappropriation, and business interference. Mark also routinely assists businesses with employment and business-related counseling. In addition, Mark created and serves as the chair of the firm’s Immigration & Naturalization practice group.

Mark represents clients nationwide, and has experience in other fields including construction, transportation, cargo, tort and product liability, intellectual property, elder abuse, medical malpractice, residential and commercial real estate matters, and cyber-liability matters. Representative clients of Mark include EPL, D&O, PL, GL, cyber and casualty insurers, large and small hospitality owners and management companies, construction and transportation companies, national development businesses, and many California educational institutions.

Mark has an array of personal interests. Among them is his passion for world travel with his family.

Admissions

• California
   

Representative Experience

Recent examples of Mark's experience include the following:

• Won summary judgment in Los Angeles County Superior Court on behalf of trucking company Dependable Highway Express (DHE), in an employment case with 13 causes of action.
   
• Defense verdict in a whistleblower termination/discrimination case in which the plaintiff sought $1.8 million+ in damages.

• Won a binding arbitration. After a three-hour cross examination of the claimant, the following day the claimant abandoned his claims.

• Won summary judgment in the high-profile Dariano v. Morgan Hill Unified School District matter.

• Defense judgment on behalf of large employer in Napa Valley on 7 of 8 claims (including harassment, discrimination and retaliation). Plaintiff prevailed partially on overtime claim at trial, but verdict was less than 4% of pretrial demand.

• Defense verdict on behalf of the University of California after month-long trial involving 17-year employee who brought 23 causes of action against the University and several high-ranking managers.

• Counseling three separate companies on the separation from employment of high level corporate executives including officers, directors and shareholders.

• Winning summary judgment against a high profile civil rights attorney on behalf of a renowned California university.

• Negotiating a favorable settlement against two local District Attorneys in an "unfair competition" case where hundreds of millions of dollars were at stake.

• Co-chairing a two month trial in Honolulu, Hawaii on behalf of an international hospitality chain.

Presentations

Mark has participated in many speaking engagements and this year has presented seminars on responding to allegations of sexual or racial harassment, avoiding claims of workplace harassment, and how to conduct an effective workplace investigation. Mark has presented for organizations such as the Northern California Human Resources Association, Risk & Insurance Management Society, Women For WineSense and HR Options. He also regularly conducts training seminars in all areas of labor and employment law for his clients.

In The Media

Mark is adept at representing clients whose issues attract media attention. Mark is currently lead counsel on numerous matters that have received media attention, including from national media outlets.