D. Michael Reilly

Shareholder | Seattle | 206.223.7051 | reillym@lanepowell.com

Areas of Practice

D. Michael Reilly is the Director of Lane Powell’s Labor and Employment and Employee Benefits Practice Group. He concentrates his practice representing small and large employers on employment litigation and advice in claims involving discrimination, wrongful discharge, ERISA, race, sex, religion, retaliation, family responsibility discrimination and disability claims. He has successfully tried over 60 jury trials, arbitrations and bench trials, and successfully handled claims before the Equal Employment Opportunity Commission (EEOC) and the Washington State Human Rights Commission. Michael has served as lead counsel in an employee raiding/trade secret case as reported in the Wall Street Journal and defended companies in class action claims.

Michael is listed in The Best Lawyers in America®. In 2008, Seattle Business Magazine ranked Michael a “Top Lawyer” in Labor and Employment Law. Chambers USA’s Guide to America’s Leading Lawyers for Business listed him a “Leading Lawyer” in Washington, calling him “truly phenomenal [with] superb legal instincts.” In 2006, Washington CEO Magazine named Michael a “Most Amazing” attorney. Washington Law and Politics Magazine routinely designates Michael a “Super Lawyer.” His remarks on employment issues have been quoted in Newsweek, Corporate Legal Times, Seattle Times, Employee Relations Law Journal, CFO.com, and other professional journals and management publications.

Professional Experience

Annual speaker, EEOC Training Institute
Appellate Law Clerk, The Honorable J.B. McInturff, 1984-86

Admitted to Practice

Washington, Ninth Circuit Court of Appeals, and pro hac vice admission in Oregon, Idaho, Alaska

Academics

Catholic University of America, Washington, D.C. (J.D., 1984)
- Member, Board of Editors, Catholic University of America Law Review, 1983-84
- First Place in Moot Court Competition, 1983
Gonzaga University, Spokane Washington (B.B.A., cum laude, 1981)
- Outstanding Student of the Year, 1981
- Excellence Award, School of Business Administration, 1981
- Loyalty in Leadership Award, 1981
- Albert Mann Debate Award, 1979

Lane Powell Practice Group and Specialty Team Memberships

Director, Labor and Employment Practice Group
Chair, Retail Industry Team
ERISA Litigation
Financial Institutions
Healthcare

Representative Clients

Home Depot, Nordstrom, Bank of America, King County, Intermec, Tesoro, Providence Health Services, Aramark, Fred Hutchinson Cancer Research Center, Knowledge Learning Centers, Seattle Cancer Care Alliance, Ferrellgas, Seattle Chamber of Commerce, Kadlec Medical Center.

Representative Matters

Successful jury trials representing specialty retailers and Fortune 100 Companies in claims involving race, gender and disability discrimination and retaliation.
Kendall and Rahlfs v. Home Depot, U.S.D.C., Alaska (Obtained $126,000 judgment for defendant Home Depot against plaintiffs who were asserting age and disability discrimination claims) (2009).
Burney v. Home Depot, U.S.D.C., W.D. Washington (Age Discrimination) (Defended national retailer and defeated Plaintiffs’ Motion for Class Certification);
Calence v. Dimension Data et al., U.S.D.C., W.D. Washington (Trade secret and unfair competition claim representing plaintiff; defeated all defendants’ motions for summary judgment and obtained settlement after only one week of scheduled three week jury trial)(2007);
Hedenburg and Marshall v. Aramark, U.S.D.C., W.D. Washington (Defense Judgment in gender and race discrimination, retaliation claims)(2007);
Blomster v. Nordstrom, Washington State Court of Appeals (FMLA: no implied private right of action under Washington law; Published Opinion);
Weyer v. Twentieth Century Fox, United States Court of Appeals, 9th Circuit (ERISA/ADA: mental disability issues; Published Opinion);
Guijosa v. Wal-Mart, Washington Supreme Court (Race Discrimination Defense Verdict Upheld; Published Opinion);
Eaton v. Equilon, U.S.D.C, W. D. Washington (ERISA Class Action contingent workers: Dismissed);
Young v. Ferrellgas, Washington State Court of Appeals (Wrongful Discharge in Non-FAA Case Involving Arbitration Agreement; Published Opinion);
Wal-Mart v. Amazon.com, King County Superior Court (Represented Plaintiff in employee raiding and trade secret case);
Futamura v. UNUM, U.S.D.C., W.D. Washington (ERISA: breach of fiduciary duty claims; Defense judgment in published opinion, 2004);
Harmon v. Home Depot, 9th Circuit Court of Appeals (Affirming defense judgment in sexual harassment and hostile work environment case)(published trial court decision).

Publications

“Becoming One of the Best: Steps you can take to become a best company to work for,” Seattle Business Monthly, July 2010
“Cash for Clunkers: Severance Agreements for Underperformers,” BUILDERnews magazine, June 2010
“Social Media May Contradict Applicant’s Info,” Portland Business Journal, November 2009 (Co-Author)
“How Fastest Growing Companies Avoid Lawsuits,” Puget Sound Business Journal, October 16, 2009
“The Low-Down on Layoffs,” Seattle Business Monthly, June 2009 (Co-Author)
“Human Resources 2008: Answers to Your Top 25 Questions,” Thompson Publications, Summer 2008 (Co-Author)
“ERISA Fiduciary Claims: Planning, Protecting and Preparing for Class Actions,” Employee Relations Law Journal, 2005
Featured, “High Court Opens the Door For Age Discrimination Cases: Companies Should Get Their Policies in Order to Avoid Potential Suits,” Corporate Legal Times, June 2005
The ADEA and the U.S. Supreme Court, Employment Litigation Reporter, December 2004
Featured, “Job Nightmare – When is a company responsible for a shooting?” Newsweek, July 2003

Speaking Engagements

“Employment Secrets “They” Don’t Want You To Know About That Create Good Lawsuits Against Employers,” Lane Powell’s 27th Annual Labor and Employment Law Seminar (Portland), March 2010
“Managing Employee Investigations and Avoiding A BAD DAY AT THE OFFICE,” Seattle Society for Human Resource Management Seminar, April 15, 2010
“The Surge in High-Exposure Retaliation Claims: Getting Them Dismissed Via Dispositive Motion and/or Minimizing Their Jury Appeal,” American Conference Institute’s Premier Forum on Defending and Managing Employment Discrimination Litigation, February 25, 2010
“The Nuts and Bolts of Twitter and Social Media for Employers: How to Use it, What’s to Gain and Guidance to Minimize Risk,” Lynnwood Convention Center, November 2009
“Social Media and Employment Law,” Best Practices for Best Employers Seminar, September 2009
“Avoiding Common Mistakes in Investigations,” EEOC Training Institute, August 2009
“Family Responsibility Discrimination Claims,” Washington State Bar Association, August 2009
“Failures in the Interactive Process and the Disabled Employee,” Northwest Human Resource Management Association Annual Conference, October 2007
“ERISA Law Update,” ERISA Law Forum, June 2006
“Preparing Parties for their Depositions in Employment Cases,” Washington State Bar Association, April 2005
“The Wild World of Whistleblower and Retaliation Claims,” Employment Law Institute, Washington State Bar Association, March 2004

Awards and Honors

Peer Review Rated “AV” in Martindale-Hubbell
Recommended by Chambers USA: America’s Leading Lawyers for Business, Labor & Employment, 2007-2010
Named as one of The Best Lawyers in America®, Employee Benefits, Labor & Employment, 2010-2011
Named as Washington “Super Lawyer,” Washington Law & Politics, Labor & Employment, Employment Litigation: Defense, 2003-2010
Named in “Top Business Lawyers,” Seattle Business Monthly, 2008
Named in “Washington’s Most Amazing Attorneys” in Washington CEO, 2006