Areas of Practice
Mike 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 and non-ERISA employee benefit claims, retaliation, wage/hour and disability claims. He has successfully tried over 60 jury trials, arbitrations and bench trials, and claims before the Equal Employment Opportunity Commission and Washington State Human Rights Commission. Mike 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.
Mike is listed as one of the “Top 100 Most Powerful Employment Attorneys in the Nation” by Human Resource Executive®. Mike was named Seattle’s 2012 “Lawyer of the Year” in ERISA Litigation by Best Lawyers®. Mike is consistently listed in The Best Lawyers of America® for his work in Employee Benefits, Employment Management, Labor Management and ERISA Litigation. Seattle Business magazine ranked Mike a “Top Lawyer” in Labor and Employment Law. Chambers USA’s Guide to America’s Leading Lawyers for Business listed him a “Leading Lawyer,” describing him as “truly phenomenal [with] superb legal instincts.” He also is the founder and a contributor to the Firm’s Boom: The ERISA Law Blog. His remarks on employment issues have been quoted in Newsweek, Corporate Legal Times, Seattle Times, Employee Relations Law Journal, Puget Sound Business Journal, CFO.com, and other professional journals and management publications. Mike also serves as the Vice Chair of the Board of Regents for Gonzaga University.
Professional Experience
- EEOC Training Institute, Annual Speaker
- The Honorable J.B. McInturff, Appellate Law Clerk (1984-1986)
Admitted to Practice
- Washington, Ninth Circuit Court of Appeals, and pro hac vice admission in Oregon, Idaho, Alaska and Montana
Academics
- Catholic University of America, Washington, D.C. (J.D., 1984)
- Member, Board of Editors, Catholic University of America Law Review (1983-1984)
- 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, Lane Powell Labor and Employment and Employee Benefits Practice Group
- Chair, Lane Powell Retail Industry Team
- Member, Lane Powell Board of Directors
- Education
- Life, Health, Disability and ERISA
- Financial Institutions
- Food, Beverage and Hospitality
- Health Care
Representative Clients
- Home Depot, Seattle Seahawks, KeyBank, Rhapsody International, Intermec, Tesoro, Michaels Stores, Carquest, Bank of America, Fred Hutchinson Cancer Research Center, Knowledge Learning Centers, Ferrellgas, Seattle Chamber of Commerce, Kadlec Medical Center, Diamond Parking, Nordstrom, City of Tacoma, Chelan County PUD
Representative Matters
- Successful jury trials representing specialty retailers and Fortune 100 Companies in claims involving race, gender and disability discrimination, and retaliation
- Lattin v. Worldpac (W.D. Washington 2011) (Defeated class certification on wage/hour claims)
- Stewart v. Master Builders Association, 2010 WL 3505101 (W.D. Washington 2010) (Summary Judgment in Fair Labor Standards Act retaliation claim)
- Noren v. Jefferson Pilot, 378 Fed. Appx. 696 (9th Cir.), cert. denied, 2010 U.S. Lexis 9334 (2010) (Affirming Summary Judgment in ERISA fiduciary duty claim)
- 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)
- 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)
- 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, Ninth Circuit Court of Appeals (ERISA/ADA: Mental disability issues; Published Opinion)
- Guijosa v. Wal-Mart, Washington State 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)
- Wal-Mart v. Amazon.com, King County Superior Court (Represented Plaintiff in employee raiding and trade secret case)
- Harmon v. Home Depot, Ninth Circuit Court of Appeals (Affirming defense judgment in sexual harassment and hostile work environment case; Published Trial Court Decision)
Publications
- Principal blog contributor, BOOM: The ERISA Law Blog, Lane Powell PC
- “Wage and Hour Compliance Checklist — How to Avoid Class Actions and Prepare for a Government Audit,” Seattle Business magazine (May 2013)
- “Mandatory Arbitration Can Work for Employers and Employees,” Puget Sound Business Journal (December 14, 2012)
- “If the Shoe Fits: Avoiding Tax Liability From Employee Misclassifications,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert (September 7, 2012)
- “Hiring Al Capone: New Employer Duties With Criminal Background Checks,” Seattle Business magazine (July 2012)
- “NLRB Protects Many Employee Facebook Postings,” Puget Sound Business Journal (November 11, 2011)
- “Independent Contractors: a Liability,” Puget Sound Business Journal, Quoted (October 28, 2011)
- “Employment Challenges for Community Banks and Key Tips to Stay Ahead,” Community Bankers of Washington magazine (Fall 2011)
- “Social Media May Contradict Applicant’s Info,” Portland Business Journal, Co-author (November 13, 2009)
- “How Fastest Growing Companies Avoid Lawsuits,” Puget Sound Business Journal (October 16, 2009)
- “The Low-Down on Layoffs — Thinking About a Reduction in Force?” Seattle Business magazine, Co-author (June 2009)
- “Human Resources 2008: Answers to Your Top 25 Questions,” Thompson Publications, Co-author (2008)
- ”ERISA Fiduciary Claims: Planning, Protecting and Preparing for Class Actions,” Employee Relations Law Journal (2005)
- “High Court Opens the Door For Age Discrimination Cases: Companies Should Get Their Policies in Order to Avoid Potential Suits,” Corporate Legal Times, Featured (June 2005)
- “Job Nightmare — When is a Company Responsible For a Shooting?” Newsweek, Featured (July 2003)
Speaking Engagements
- “Are They Really Independent Contractors? Enforcement Trends and “Best Practices” to Avoid the Wrath of the IRS and DLI,” Lane Powell’s 30th Annual Labor and Employment Law Seminar, Seattle, Co-presenter (September 20, 2012)
- “The Interactive Process and the ADA, FMLA, and Worker’s Compensation,” EEOC Seminar (September 11, 2012)
- “Investigations: Trepidation, Systematization and Documentation,” Northwest Human Resource Management Association Conference (October 6, 2011)
- “Winning the Class Certification Battle in Wage/hour Litigation,” American Conference Institute (September 21, 2011)
- “New and Anticipated Legislation, Regulations and Amendments Affecting the Retaliation and Discrimination,” American Conference Institute (July 27, 2011)
- “Ethical Obligations of Pleadings and Briefing,” Washington State Bar Association’s “8th Annual Law of Lawyering Conference” (November 9, 2010)
- “The Surge in High-Exposure Retaliation Claims,” American Conference Institute (February 25, 2010)
- “The Nuts and Bolts of Twitter and Social Media for Employers: How to Use It, What’s to Gain, Guidance to Minimize Risk,” Washington Society of Association Executives (November 2009)
- “Avoiding Common Mistakes in Investigations,” EEOC Training Institute (August 2009)
- “Failures in the Interactive Process and the Disabled Employee,” Northwest Human Resource Management Association (October 2007)
- “ERISA and Employee Benefit Litigation Law Update,” National ERISA Law Forum (June 13, 2006)
- “The Wild World of Government Whistleblower and Retaliation Claims,” Employment Law Institute, Washington State Bar Association (March 12, 2004)
Awards and Honors
- Named as one of the “Top 100 Most Powerful Employment Attorneys in the Nation” by Human Resource Executive® (2012)
- Named as Seattle’s 2012 “Lawyer of the Year” in ERISA Litigation by Best Lawyers (2012)
- Peer Review Rated “AV” in Martindale-Hubbell
- Recommended by Chambers USA: America’s Leading Lawyers for Business, Labor and Employment (2007-2013)
- Named as one of The Best Lawyers in America®, Employee Benefits, Employment Management, Labor Management, ERISA Litigation (2010-2013)
- Named in “Top Business Lawyers,” Seattle Business magazine (2010)
- Named as a “Washington Super Lawyer,” Super Lawyers magazine, Labor and Employment, Employment Litigation: Defense (2003-2012)
Professional and Community Activities
- Vice Chair, Board of Regents, Gonzaga University
- Member, Board of Trustees, Gonzaga Preparatory High School
- Commissioner, Washington State Economic Development Commission (2005-2007)
- Gubernatorial Debate Consultant to the Governor, State of Washington
- Past Member, Board of Directors, American Red Cross