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Michael R. Phillips Partner

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Chicago T +1 312 750 8902 F fax +1 312 920 6181
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For nearly 30 years, Mike Phillips has been defending employers in labor and employment claims and helping them avoid litigation through sound and practical advice.

Mike’s practice is nationwide. He has represented employers in virtually every state in the country in cases brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, ERISA, and other state and federal employment statutes. These cases have included many class and collective actions under the Fair Labor Standards Act and state wage payment laws as well as Illinois’ Biometric Information Privacy Act. Mike also guides employers on their obligations under federal labor law and collective bargaining agreements and has arbitrated dozens of grievances, securing many important victories for his clients.

Mike is also an experienced commercial litigator. He has represented businesses and individuals in breach of contract, business tort, professional liability and other business disputes. He both prosecutes and defends non-compete, trade secret and other restrictive covenant cases throughout the country. Mike has tried numerous cases to verdict in jury, non-jury and arbitration settings.

Mike is known for his creativity in resolving disputes and his ability to fight hard for his clients while maintaining the relationships with the court and opposing counsel necessary to achieve the most favorable outcome. Through his skillful management of litigation, he has won the trust and confidence of some of America’s largest employers.

Although his practice spans numerous industries, Mike has particular expertise in the food and beverage, agriculture, energy, healthcare, transportation, staffing and telecommunications fields where he has represented industry leaders in employment and commercial matters.

Mike has been honored by Chambers USA as a Leading Lawyer, Band 4, has been an Illinois “Super Lawyer” in Labor and Employment law ten times, has been named a BTI Client Service All-Star, and has been asked to share his employment law expertise at continuing legal education panels and industry group conferences.

Mike is also active in Alternative Dispute Resolution. Mike has received a Certificate in Mediation Skills from Northwestern University’s School of Professional Studies and is a member of the AAA Employment Arbitration panel and the American Health Lawyers Association mediation panel.

Experience

  • Successfully resolved hundreds of single plaintiff and multiple plaintiff cases in courts across the country alleging discrimination, retaliation, harassment or other violations of state or federal employment laws.
  • Lead counsel in numerous class and collective actions in multiple states involving alleged violations of state and federal wage and hour laws.  Notable victories include:
    • Achieved summary judgment for staffing company in class action lawsuit claiming that vacation pay program violated California Labor Code.
    • Defeated collective certification in multi-million-dollar class action claim by long-haul truck drivers alleging independent contractor misclassification.
    • Achieved early and favorable resolution of a variety of class and collective actions in the healthcare, pharmaceutical, technology and transportation sectors.
  • Represented employer before the U.S. Supreme Court in Burlington Industries, Inc. v. Ellerth, one of the most important employment law decisions in recent history, in which the Court redefined the law governing employer liability for workplace sexual harassment.
  • Prevailed at arbitration hearings involving grievances brought under collective bargaining agreements, including:
    • Arbitration award upholding termination of long term employee for inciting violence on the plant floor.
    • Series of awards in several states in favor of meatpacking company holding that contracting out of various plant functions to vendor did not violate CBAs.
    • Arbitration award upholding termination of utility worker for multiple drug test violations despite long tenure and strong performance record.
  • Obtained favorable outcomes in business litigation related to enforcement of restrictive covenants and other contract and tort disputes, including the following:
    • Obtained injunction against crop insurance salesperson who attempted to solicit customers in violation of employment covenants.
    • Obtained summary judgment in breach of contract claim between consultant and client regarding collection of fees for identification of tax savings.
    • Obtained summary judgment on engineering company’s key defenses in professional negligence lawsuit regarding design of a sugar processing facility, resulting in substantial recovery for client.

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