James K. Mackie

Profile

Jim Mackie represents employers in all aspects of employment law, including state and federal employment discrimination claims, sexual harassment claims, wrongful discharge, retaliation, restrictive covenants, and failure to pay claims.  While regularly providing advice to employer clients on a wide variety of employment matters and litigation avoidance, Mr. Mackie’s practice emphasizes litigation and appellate practice in state and federal courts, and practice before administrative agencies.  In that regard, Mr. Mackie is recognized by Best Lawyers in America, Southwest Super Lawyers, and Arizona’s Finest Lawyers in the area of Employment Law, and was named the 2012 Tucson Litigation - Labor and Employment Lawyer of the Year.

Mr. Mackie has substantial experience litigating and successfully defending employers – at trial, through motion practice, in the courts of appeals, and in various alternative dispute resolution forums – in several state and federal courts across the Southwest.  This includes the defense of discrimination and retaliation claims arising under the federal Civil Rights Act (Title VII), state civil rights laws, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), ERISA, state and federal wage and hour laws, and state contract laws and employment torts.

Mr. Mackie also has considerable experience in representing clients in business matters, including complex commercial litigation and advising clients with respect to litigation avoidance and loss control.

Prior to joining the firm, Mr. Mackie was a partner with Snell & Wilmer, a major regional general practice firm, where he concentrated his efforts in employment litigation, employment counseling and general commercial litigation.  He has served as chair of the Executive Committee of the State Bar of Arizona’s Employment and Labor Law Section, and as an Executive Council Member of the Tucson Division of the Federal Bar Association.  Prior to becoming an attorney, Mr. Mackie worked in various management positions with national, regional and local businesses, which experience he calls upon to work as a “business partner” with his clients, as well as a legal counselor to them.

AV Rated Martindale HubbellBest Lawyers 2012Best Lawyers

Experience

Experience: 
  • Orfaly et al. v. The Tucson Symphony Orchestra, et al., 209 Ariz. 260 (App. 2004)
  • Five week jury trial for major aerospace company (defense verdict)
  • Numerous summary judgments and summary dismissals in favor of firm clients
  • Ray v. Tucson Old Pueblo Credit Union, 228 Fed. Appx. 682 (9th Cir. (Ariz.) 2007)
  • Brownell v. Salt River Pima - Maricopa Indian Community/Phoenix Cement Div., (9th Cir. (Ariz.) 156 Fed. Appx. 992 2005)
  • White v. Apollo Group, 163 Fed. Appx. 255 (5th Cir. (Tex.) 2005)
  • Kuhn v. Lockheed Aeromod Center, Inc., 134 F. 3d 378 (9th Cir. (Ariz.) 1998)

Education and Honors

Education: 

J.D., summa cum laude, University of Arizona College of Law, 1990
B.S.B.A., University of Arizona, 1982

Honors and Awards: 
  • Order of the Coif (highest academic distinction)
  • Arizona Law Review (1989-1990)
  • Best Lawyers in America (2009 to present – Employment Law/Litigation; Named Tucson Litigation - Labor & Employment Lawyer of the Year, 2012)
  • Southwest Super Lawyers (Employment Law, 2011 - present)
  • Arizona’s Finest Lawyers 2011

Professional Activities

Professional Activities: 
  • State Bar of Arizona (Employment and Labor Law Section; Executive Council, Chair, 1997-1998; Chair-Elect, 1996-1997; Treasurer, 1995-1996; Secretary, 1994-1995)
  • American Bar Association (Litigation Section; Labor and Employment Law Section; Tort and Insurance Practice Section)
  • Federal Bar Association, Tucson Division
  • Pima County Bar Association
Speeches:
  • Managing a Workforce in 2014 - "The Arizona Employment Protection Act: Still Some Crazy Questions After All These Years" - Tucson - April 10, 2014
  • Ogletree Deakins Breakfast Briefing - "Arizona Medical Marijuana Act Symposium" - Tucson - August 17, 2011
  • Arizona Restaurant Association - "Healthcare Reform Update" - Tucson - May 12, 2010
  • Ogletree Deakins Seminar - "EEOC Charges – Avoiding Legal Traps for the Unwary" - Paradise Valley - November 13, 2008
  • Federal Bar Association - "Employment Cases to Watch in 2008" - Tucson - January 17, 2008
  • Ogletree Deakins Seminar - "Retaliation Claims – The New Wave in Employment Litigation" - Phoenix - October 5, 2006
  • State Bar of Arizona - "Retaliation After Burlington" - Sedona - September 26, 2006

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