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Marc H. Zitomer chairs the Firm’s School Law Practice Group. He is a member of the Firm’s Labor and Employment Practice Group and served on the Firm’s Management Committee from 2014 to 2023.
In his diversified practice, Marc counsels public, independent schools and institutions of higher education throughout New Jersey and the United States in all facets of school law. School trustees and administrators routinely seek his advice in complex and ever-evolving areas of law. As an experienced education law attorney, he represents schools of varying sizes and complexity.
In addition, Marc has a comprehensive employment law background and he counsels large and small companies and their executives on a variety of matters. In this capacity, he assists management in conducting affirmative action, harassment and other types of employment investigations. Further, Marc helps draft legal documents and policies that govern the employer-employee relationship.
Marc is frequently called upon to lecture at both the State and national levels on important legal matters affecting management because of his vast depth of knowledge and experience. He conducts training sessions on numerous employment law topics, including sexual harassment in the workplace, The Americans with Disabilities Act, The New Jersey Law Against Discrimination, The Family & Medical Leave Act and New Jersey’s Whistleblower Law, and conducting effective internal investigations.
Marc is also sought after for commentary on school law matters and has been quoted on CNN.com, Fox News.com, Politico.com, New York Post, Yahoo News.com as well as in the New Jersey Star Ledger, among many others.
*Results may vary depending on your particular facts and legal circumstances.
- May 31, 2024Is this Student our District's Responsibility?
- February 7, 2024Katherine A. Gilfillan and Marc H. Zitomer Presented at NJICLE's 2024 School Law Conference
- October 26, 2023Marc H. Zitomer Presented "Ongoing Issues Involving Transgender Students" at NJSBA's 2023 Fall School Law Forum
- June 2, 2023Marc H. Zitomer Presented at the 35th Annual Educational Policy & School Law Seminar
- Nov 16, 2022Marc Zitomer Gives School Law Update to School Business Officials
- August 10, 2022Praying on the 50-Yard Line: What Does the Supreme Court Decision Mean?
- Feb 16, 2022Zitomer Presents "What Are the Boundaries of the Schoolhouse Gate in Today's Virtual World?"
- Aug 9, 2021Zitomer Presented at New Jersey School Board Association County Leadership Meeting on "Dealing with Difficult and Controversial Issues as a Board of Education"
- Oct 22, 2020New Jersey School Boards Association Virtual Workshop
- Nov 17, 2019Mergers & Acquisitions for Independent Schools
- Jun 7, 20192019 Educational Policy & School Law Seminar
- Jun 1, 2018Educational Policy & School Law Seminar
- Jun 2, 2017Cyber-Bullying and the Law
- Oct 28, 2015JSBA 2015 Workshop and Exhibition
- Jun 12, 2015Strauss Esmay Associates' – 30th Annual School Law & Policy Seminar
- Oct 28, 2014NJSBA School Law Forum
- Sep 9, 2014Student Residency Issues
- Mar 29, 2014NJSBA Leadership Conference for Board of Education Presidents and Vice Presidents
- Jul 14, 2013Tenure Dismissal Under TeachNJ
- Dec 7, 2012"Board Members + Social Media Technology = Legal Landmines?" NJSBA Live Call-in Podcast Program
- Nov 15, 2012New Jersey Association of School Business Official's (NJASBO)
- Oct 23, 2012NJBSA Annual Conference
- February 9, 2024Governor Signs Legislation Allowing School Boards to Move Elections to April Without a Budget Vote if Within 2% Cap Levy
- June 15, 2023N.J. Supreme Court Declines to Extend School District Tenure Notification Requirements
- Feb 24, 2021Marijuana Legalization in N.J. and Its Impact on Schools
- Feb 12, 2021Parents/Guardians May Now Attend School Sporting Events In-Person Pursuant to Executive Order 220
- Sep 1, 2020Is Pupil Off-Campus Speech Limitless?
- Jul 17, 2020Governor Murphy Releases Plan to Address Digital Divide in Schools
- Jan 27, 2020N.J. Becomes First State to Mandate Severance Pay for Mass Layoffs
- Sep 9, 2019Teachers Cannot Receive Full Salaries While Performing Only Union Work
- Jul 25, 2019Employers Beware: Task Force Issues Report on Employee Misclassification
- Jul 24, 2013Play Ball - New Jersey School Districts - Coaching Positions
- Apr 18, 2013Anti-Big Brother Act Strengthens Student Privacy Protections
- Aug 9, 2012New Jersey Enacts Teacher Tenure Reform
- Jul 31, 2012Appellate Division Affirms Parameters For Off-Campus Student Discipline
- Jul 27, 2012Supreme Court Sheds Light on the Sunshine Law
- Jun 25, 2012Madison Avenue Meets Main Street, Part II: Bus Advertising Regulations Have Arrived
- October 25, 2023School Law Practice Group Hosts Annual Reception at 2023 New Jersey School Boards Association Workshop
- March 16, 2023Schenck Price Argues Important Tenure Decision Before New Jersey's Highest Court
- Mar 9, 2022Schenck Price Scholarship
- Dec 1, 2021Mike and Marc Talk School Law: Religious Holidays & School Law
- Oct 19, 2021"Mike and Marc Talk School Law" Video/Podcast Focuses on "Legal Issues Surrounding Public Meetings"
- Aug 23, 2021"Mike and Marc Talk School Law"
- Jul 28, 2020School Law Practice Group Celebrates 10 Years at Schenck Price
- Mar 13, 20202020 Edition of New Jersey Super Lawyers
- Nov 19, 2010The Role of the Board of Education President
- Jan 8, 2018Choose the Right Investigator for a Sexual Harassment Complaint
- April, 2017A Fresh Look at the Cyberbullying Landscape
- Dec 24, 2013Navigating the Indemnification Rapids for Board of Education Members
- Feb 1, 2011To Discipline or Not to Discipline
- Jul 17, 2009The Basics of the Recall Process
- Aug 2, 2006Marc Zitomer gets straight A's from his school district clients
- Jan 1, 2011To Discipline or Not to Discipline
- Aug 11, 2022Praying on the 50-Yard Line: What Does the Supreme Court Decision Mean?
- May 12, 2022Mike and Marc Talk School Law: Talking Tenure
- Dec 2, 2021Mike and Marc Talk School Law: Religious Holidays & School Law
- Oct 18, 2021Mike and Marc Talk School Law: Legal Issues Surrounding Public Meetings
- Aug 18, 2021Mike and Marc Talk School Law: Student Searches in a Digital Era
- Aug 18, 2021Mike and Marc Talk School Law: Gender Identity and School Law
- Aug 18, 2021Mike and Marc Talk School Law: Legalization of Marijuana and the Schools
- Aug 18, 2021Mike and Marc Talk School Law: Off-Campus Student Conduct
- Jun 26, 2017Cyber-Bullying and the Law
- Dec 7, 2012"Board Members + Social Media Technology = Legal Landmines?" NJSBA Live Call-in Podcast Program
- Dec 9, 2011Technology's Impact on the Sunshine Law
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- Selected to Morris County's Top Lawyers list (2018;2020-2024)
- AV® rated, the highest rating conferred by Martindale-Hubbell® for legal ability and professional ethics, based upon a peer review of the Bar and the Judiciary*
- Repeatedly selected to the New Jersey Super Lawyers® list, published by Thomson Reuters, in the field of Schools & Education*
- Repeatedly selected to the New Jersey Rising Stars® list, published by Thomson Reuters
- Recognized by New Jersey Law Journal in its “40 under 40” publication featuring New Jersey lawyers whose achievements and public service distinguish them among their peers, September 2004*
- Recipient, NJBIZ magazine's “Forty under 40 Award,” which recognizes the state's most dynamic business leaders who are under the age of 40, July 2008
*No aspect of this statement has been approved by the Supreme Court of New Jersey. Click here for awards information and methodology.
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- Presenter, "Transgender Student Accommodation: Balancing the Needs of Students and Parents," NJICLEs 2024 School Law Conference, February 7, 2024
- Presenter, "Ongoing Issues Involving Transgender Students," NJSBA's 2023 Fall School Law Forum, October 23, 2023
- Author, "N.J. Supreme Court Declines to Extend School District Tenure Notification Requirements," June 15, 2023
- Author, "Governor Signs Legislation Allowing School Boards to Move Elections to April Without a Budget Vote if Within 2% Cap Levy," February 9, 2024
- Presenter, "Is this Student our District's Responsibility?", Strauss Esmay 36th Annual Educational Policy & School Law Seminar, May 2024
- Presenter, "Navigating NJ Complex Open Public Records Act", Strauss Esmay 35th Annual Education & School Law Seminar, June 2023
- Presenter, "School Law Update," New Jersey Association of School Business Officials' Tri-County Meeting, November 16, 2022
- Presenter, "What are the Boundaries of the Schoolhouse Gate in Today's Virtual World?," NJAIS Professional Development Workshop and Conference, February 16, 2022
- Presenter, "Dealing with Difficult and Controversial Issues as a Board of Education," New Jersey Boards Association County Leadership, August 9, 2021
- Presenter, "The Pitfalls of Board Member and Staff Use of Social Media", 34th Annual Education & Policy & School Law Seminar, June 7, 2019
- Presenter, "Interplay Between Schools and Law Enforcement", Strauss Esmay 33rd Annual Education Policy & School Law Seminar , June 1, 2018
- Co-presenter, "Who Get “RICED", Strauss Esmay 32nd Annual Education Policy & School Law Seminar, June 2017
- Co-presenter, "How Your School District Can Avoid copyright Infringement Claims", Strauss Esmay 31st Annual Seminar Education & Policy School Law Seminar, June 2016
- Co-presenter, with Ewing Schools Superintendent Michael Nitti, "Mike and Marc Talk School Law," a video/podcast that discusses and evaluates significant issues and developments in school law, 2021-2022
- Speaker, New Jersey School Boards Association Passaic County Leadership meeting, August 9, 2021
- Co-author, "Marijuana Legalization in N.J. and Its Impact on Schools," February 24, 2021
- Author, "Parents/Guardians May Now Attend School Sporting Events In-Person Pursuant to Executive Order 220," February 12, 2021
- Co-Presenter, "OPRA/OPMA Traps for the Unsuspecting BOE Member," New Jersey School Boards Association's Virtual Workshop 2020, October 20-22, 2020
- Co-author, "Is Pupil Off-Campus Speech Limitless?," September 1, 2020
- Co-author, "Governor Murphy Releases Plan to Address Digital Divide in Schools," July 17, 2020
- Co-author, "New Jersey Becomes First State to Mandate Severance Pay for Mass Layoffs," January 24, 2020
- Presenter, "Mergers & Acquisitions for Independent Schools" at the New Jersey Association of Independent Schools (NJAIS) Trustee Enrichment Day, at the Morristown-Beard School, November 17, 2019
- Co-author, "Teachers Cannot Receive Full Salaries While Performing Only Union Work," September 9, 2019
- Co-author, "Employers Beware: Task Force Issues Report on Employee Misclassification," July 25, 2019
- Author, Choose the Right Investigator for a Sexual Harassment Complaint, New Jersey Law Journal, January 8, 2018
- Author, A Fresh Look at the Cyberbullying Landscape, School Leader, March/April 2017
- Author, Navigating the Indemnification Rapids for Board of Education Members, December 2013
- Podcast, New Jersey School Board Association, Technology's Impact on the Sunshine Law, December 9, 2011
- Podcast, New Jersey School Board Association, Board Members + Social Media Technology = Legal Landmines?, December 7, 2012
- Podcast, School Law Today – Legal Issues around Cyber-bullying
- Co-Author, “To Discipline or Not to Discipline: How Far May School Officials Go In Punishing Off-Campus Student or Faculty Misconduct,” School Leader, January/February 2011
- Co-Author, “The Basics of the Recall Process: Board Members May Not Be Aware They Can Be Recalled By a Public Vote. Here’s How it Works,” School Leader, July/August 2009
- Marc Zitomer gets straight A’s from his school district clients, August 2006
- Quoted, "HEAD OF THE CLASS Marc Zitomer Gets Straight A's From His School District Clients," Super Lawyers, July 18, 2006
- Contributing Author, Shocking Violence II: Violent Disaster, War & Terrorism Affecting Our Youth, Charles C. Thomas Publisher, LTD (2003)
- Contributing Author, New Jersey Educators’ Legal Handbook, by N. Celso, Esq., Omni Publishers, Inc. (1999)
- Lectures statewide on various topics affecting public and Independent Schools
- Lectures statewide and conducts training sessions on numerous employment law topics including:sexual harassment in the workplace, The Americans with Disabilities Act, The New Jersey Law Against Discrimination, The Family & Medical Leave Act, New Jersey’s Whistleblower Law and Conducting effective internal investigations
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- Former Trustee, New Jersey Association of School Attorneys
- Investigator, District XA Ethics Committee (Morris/Sussex) (2007-2010)
- Guest Instructor, St. Elizabeth University (Morristown, New Jersey), for school administrators who are doctoral degree candidates
- Guest Lecturer, Ceceilyn Miller Institute for Leadership & Diversity in America
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- Argued important case before the New Jersey Supreme Court about the interpretation of New Jersey’s tenure laws. Parsells v. Board of Education of the Borough of Somerville, Somerset County, March 14, 2023.
- Regularly appears before the Department of Education, the Public Employment Relations Commission, the Office of Administrative Law, the American Arbitration Association, Division of Civil Rights, and the Equal Employment Opportunity Commission
*Results may vary depending on your particular facts and legal circumstances.