MARC E. GUSTAFSON
Marc Gustafson has been litigating for 20+ years. He focuses his practice on litigation, employment law, and mediation as a certified mediator.
Marc frequently advises clients on employment contracts, including non-compete, non-solicitation, and non-disclosure restrictions. He also counsels clients on a host of employment issues, including discrimination claims, charges of wrongful termination, FMLA leave, reasonable accommodations under the ADA, and wage and hour law violations.
In the courtroom, Marc represents clients in state and federal courts in lawsuits involving non-competition, trade secrets, race, gender and age discrimination, sexual harassment, retaliation, whistleblowing, wage and hour claims, and breach of employment contracts. Marc practices in the state, federal and appellate courts in North Carolina and Georgia and regularly appears before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and the North Carolina Employment Security Commission.
Marc has represented shareholders, managers, executives, and corporations in matters involving breaches of fiduciary duty, misappropriation of trade secrets, usurpation of corporate opportunities, breaches of contract, and fraud. Marc has also represented both employers and executives in internal investigations.
Marc sees his role as a counselor of law and works closely with his clients to develop a relationship that best represents their legal, financial, and personal interests.
Marc has had articles published in NC Lawyers Weekly, Deal Lawyers, and the Charlotte Observer. He has also been featured by the Charlotte Business Journal and the North Carolina Bar blog. Marc is a Business North Carolina Legal Elite, Super Lawyer and Martindale-Hubbell AV Preeminent rated attorney.
Marc is also active in the community, having served as an Elder at First Presbyterian Church, the Chair of the Mecklenburg County Bar Labor and Employment Section and the Chair of the Public Art Commission He has also served on the board of the Arts and Science Council, the UNC Board of Visitors, the McColl Center for Art + Innovation, Common Grounds Farm Stand, the 24 Foundation, and the Spokes Group. Marc is an Eagle Scout.
Marc and his wife, Jane, have two young boys, Knox and William.
EDUCATION
University of North Carolina (B.S., 1997)
Indiana University School of Law (J.D., 2001)
BAR & COURT ADMITTANCE
State Courts of North Carolina
State Courts of Georgia
United States District Court for the Western District of North Carolina
United States District Court of the Middle District of North Carolina
United States District Court for the Eastern District of North Carolina
The Fourth Circuit
The Eleventh Circuit
United States District Court of the Northern District of Georgia
PROFESSIONAL & COMMUNITY ACTIVITIES
CURRENT
UNC School of Education Board of Visitors
PAST
Board Member, 24 Foundation
Elder, First Presbyterian Church
Chair, Annual Fund Campaign Renaissance West Community Initiative
Chair, Labor and Employment Section, Mecklenburg County Bar Association
Chair, Public Art Commission, Arts and Science Council
UNC Board of Visitors
Board Member, ASC Diversity and Inclusion Task Force
Board Member, McColl Center for Art + Innovation
Board Member, Common Grounds Farm Stand
Board Member, Spokes Group
AWARDS
North Carolina Lawyers Weekly Power List - Employment Law (2021, 2023, 2024)
Best Lawyers in America ® in Employment Law - Individuals; Litigation - Labor and Employment; Commercial Litigation (2025)
Best Lawyers in America ® (Recognized since 2018)
U.S. News and World Report’s Best Lawyers in America, Employment Law – Individuals (2018), Litigation – Labor and Employment (2018)
Business North Carolina - Legal Elite, Employment Law (2015-present)
Super Lawyers North Carolina Top 100 (2024)
Super Lawyers Rising Star (2011-2014)
Super Lawyers Employment & Labor, Charlotte (2017 - present)
REPRESENTATIVE EXPERIENCE
Litigated contentious matter involving multi-state businesses over non-compete and duty of loyalty issues
Resolved non-compete restrictions in employment contract, permitting employee to continue to work in industry
Advised companies on a host of employment issues including termination of employees, employment contracts and wage and hour disputes
Negotiated sale of limited liability interest to remaining partners of successful medical practice
Represented employee pension fund in sale of one of the largest tracts of commercial real estate remaining in Uptown Charlotte
THOUGHT LEADERSHIP
18 Lessons From 20 Years of Practicing LAwwas published in NC Lawyers Weekly
Legal work is a marathon, not a sprint was published in NC Lawyers Weekly
The Worst Kept Secrets in Business was published on LinkedIn
Return To Work In A COVID-19 World was published on the Bell, Davis & Pitt blog
Loneliness in the Law was published on the NCBarBlog
The practice of law in the post-enlightenment period (in the midst of a pandemic) was published in NC Lawyers Weekly
Should You Enforce A Non-Compete Agreement with a Former Employee? was posted on the Greater Winston-Salem, Inc. blog
Is this an interview? Should lawyers interview with prospective clients? was published in NC Lawyers Weekly
Can Lawyers Be Good Samaritans? was published on the NCBarBlog
The Stages of a Lawyer's Vacation was published on the NCBarBlog
Slowing Down was published on the NCBarBlog
The New Noncompete? was published in NC Lawyers Weekly
What does the FTC's Rule on Noncompete Agreements Really Do? Put Simply: I Wouldn't Mess Around and Find Out. was published on LinkedIn
Do I Have a Case? Let’s Talk About It was published on the NCBarBlog