Mark F. Pincelli

Senior Associate Rochester
Mark Pincelli

Whether assisting clients with employment law issues or representing them in litigation, Mark provides clients with what they need, when they need it.

As a member of Phillips Lytle’s Labor and Employment Practice Team, Mark assists clients with policies and compliance issues related to, among other things, wage and hour laws, employee personnel policies and practices, noncompete agreements and other restrictive covenants, employment discrimination, unfair labor practices, general commercial contracts and the legalization of cannabis in New York and other states.

In addition to his ability to guide clients regarding compliance with federal, state and local laws, Mark has extensive experience litigating in both state and federal courts and arbitration proceedings. He defends clients against claims ranging from simple contract disputes to complex class-action ERISA cases. Additionally, Mark represents both businesses and individuals seeking to protect their rights and interests. In his practice, Mark has handled litigation for clients across multiple industries, including, but not limited to, construction, real estate, advertising, health care and trucking.



Honors & Awards

  • Named to The United States District Court for the Western District of New York Pro Bono Honor Roll, 2021-2022
  • New York State Bar Association Empire State Counsel Program, 2021

Education & Admissions

  • University of Baltimore School of Law, J.D., summa cum laude, 2018
  • St. John Fisher College, M.S., 2012
  • Alfred University, B.A., cum laude, 2010
Admitted to Practice
  • New York
  • Maryland
  • District of Columbia
  • U.S. District Court, Western District of New York
Judicial Clerkships
  • Hon. Timothy E. Meredith, The Court of Special Appeals of Maryland, 2018-2019


Representative Matters
  • Successfully obtained injunctive relief for a multimillion dollar company enforcing a noncompete and nonsolicitation agreement against a former vice president to protect the company’s interests.
  • Routinely provides guidance to employers seeking to update their handbooks and policies on topics such as the legalization of cannabis in New York State and implications in the workplace.
  • Represented a trucking company in matters alleging violations of New York State and federal wage and hour laws.

Activities & Professional Associations

Past Activies

  • The Office of Governor Larry Hogan, Office of Legal Counsel, Legal Intern, 2016
  • Charles G. Shubow, Equal Employment Opportunity Commission, Judicial Intern, 2016
  • University of Baltimore Law Review, Associate Comments Editor

Professional Associations

  • Monroe County Bar Association
    • Young Lawyers Section
      • Continuing Legal Education, Co-chair
  • New York State Bar Association
    • Cannabis Law Section
    • Labor & Employment Law Section

Articles & Publications


  • Co-Author, “Generation Z: Zooming Into Your Workplace,” Rochester Business Journal, August 2022
  • Co-Author, “Legalized Recreational Marijuana Comes to New York,” Rochester Business Journal, May 2021