John F. Martin
John Martin focuses his practice on litigation and on occupational safety and health issues. He serves as national OSHA counsel for three publicly-traded companies, and has over 14 years of experience in defending employers in federal court and before the Occupational Safety and Health Review Commission (OSHRC). John also advises and represents employers on whistleblower cases and obtaining variances from OSHA.
John also consults employers and industry groups on federal and state safety regulations and ongoing rulemaking and legislation. In addition, John's practice includes frequent litigation involving contracts, intellectual property, and the constantly-evolving field of internet law. He has represented clients in federal and state courts all across the country, up to the Supreme Court of the United States.
John represents employers in a wide range of industries, including oil and gas exploration, drilling, well servicing, manufacturing/distributing, nutritional supplements, software development, alcohol distribution, and sports franchises.
- Represented well services company in OSHRC proceedings, obtaining dismissal of all claims on serious OSHA citations issued as a result of Otto Cummings gas well blowout near Bryceland, Louisiana (reported at 2003 OSAHRC LEXIS 80; 20 OSHC (BNA) 1286; 2002 OSHD (CCH) P32,675)).
- Represented well services company in Michigan OSHA (MIOSHA) proceedings, obtaining dismissal of all three serious MIOSHA citations issued.
- Represented well services company in Michigan OSHA (MIOSHA) proceedings, obtaining a dismissal of nine out of then serious MIOSHA citations issued.
- Represented oilfield services company in complex litigation involving largest gas well blowout on land in U.S. history (Otto Cummings Alt Well No. 2 near Bryceland, Louisiana)
- Represented nutritional supplements company in securities fraud, RICO, and civil fraud class action, resulting in dismissal of all claims against clients (reported at 2007 U.S. Dist. LEXIS 18256 (N.D. Texas 2007), aff'd, 273 Fed. Appx. 316 (5th Cir. 2008), cert. denied, 555 U.S. 1085 (2008)).
- Represented nutritional supplements company in distributor dispute in Illinois, resulting in dismissal of claims against client for improper venue and affirmed on appeal (reported at 438 F.3d 759 (7th Cir. 2006)).
- Represented NFL team, owner, and president in copyright infringement litigation over Super Bowl rings.
- Represented NFL team and head coach in copyright infringement lawsuit over cable television show, resulting in dismissal of claims against clients on 12(b) motion (reported at Davis v. Billick, 2002 WL 1398560 (N.D. Tex. 2002).
- Represented family in real estate contract dispute in South Padre Island, Texas resulting in grant of summary judgment in favor of clients and affirmed on appeal (reported at 139 S.W.3d 759 (Tex. App.-Corpus Christi 2004, no pet.).
- Represented radio personality in domain name cybersquatting action, resulting in judgment in favor of client and turnover of domain name to client (reported at 2005 U.S. Dist. LEXIS 13253 (N.D. Texas 2005)).
Education and Honors
J.D., cum laude, Texas Tech University School of Law, 1997
B.A., University of Texas at Arlington, 1994
- AV Rated by Marindale-Hubbell
- Articles Editor, Texas Tech Law Review
- Selected as a 'Rising Star' by Texas Monthly and Law & Politics Magainzes (2005-2008)
- College of the State Bar of Texas
- American Bar Association (Occupational Safety and Health Law Committee)
- Dallas Bar Association
- Fellow, Dallas Bar Foundation (2000-present)
- Association of Energy Service Companies (advisor)
- 2014 OSHA Oil & Gas Safety Conference - "OSHA's Rulemaking: What's Changing Now and What May Be Changing in the Future" - Houston - December 3, 2014
- ORCHSE Strategies Legal Issues Network - "Understanding Workplace Violence" - Washington, D.C. - November 11, 2014
- Ogletree Deakins Managing a Workforce 2014 - "OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?" - Omaha - September 30, 2014
- Ogletree Deakins Managing a Workforce 2014 - "OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?" - Des Moines - September 29, 2014
- Ogletree Deakins Workplace Safety Symposium - "Rulemaking: OSHA Has Been Busy" - Las Vegas - May 7, 2014
- ABA Occupational Safety and Health Law Committee Midwinter Meeting - "The Workplace Hazards of Exposure to Silica" - Tucson - March 14, 2014
- Association of Energy Service Companies (AESC) Midwinter Meeting - "No Huddle OSHA: What to Expect from the Agency Between Now and 2016" - Corpus Christi - February 21, 2014
- Edison Electric Institute Occupational Safety and Health Committee - "Impact of Changes at OSHA" - Grand Rapids - October 8, 2013
- National Association of Printing Ink Manufacturers Webinar - "OSHA Regulatory Compliance Issues" - August 14, 2013
In The News
- November 26, 2014 - - "Up For Reinterpretation: Supremes Take On Informal Rulemaking"
- November 2014 - - "GC Agenda"
- October 21, 2014 - - "Lightening a Burden - Of Proof"
- September 22, 2014 - - "OSHA Seeks to Lower Whistle-Blowers' Burden of Proof"
- September 15, 2014 - - "In Case of Workplace Accident, Increase OSHA Reporting"
- June 2, 2014 - - "I2P2 Removed from Active OSHA Agenda"
- April 28, 2014 - - "SeaWorld Ruling May Embolden OSHA To Tackle New Sectors"
- November 11, 2013 - - "Proposal to Submit Injury Reports Meets Opposition"
- August 13, 2013 - - "Employer Not Automatically Liable for Supervisor's Safety Violations"
- June 11, 2013 - - "Class Action Attorneys React to High Court's Arbitration Ruling"
- May/June 2012 - - "Urgent: Lawyers Needed; Shale Plays Have Created an Unprecedented Demand for Legal Representation"
- December 22, 2014 - Ogletree Deakins Blog Post - "OSHA: Kinesiology Tape is “Medical Treatment” for Recordkeeping Purposes"
- September 12, 2014 - Ogletree Deakins Blog Post - "OSHA Announces Significant Alterations to Reporting Requirements"
- September 12, 2014 - Ogletree Deakins Publication - "OSHA’s Final Rule on Reporting Requirements: A Major Change for Employers"
- July 2, 2014 - Ogletree Deakins Blog Post - "If You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign"
- June 30, 2014 - Ogletree Deakins Blog Post - "Supreme Court to Decide Paralyzed Veterans Doctrine"
- March 4, 2014 - Ogletree Deakins Blog Post - "Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy"
- January 25, 2014 - Ogletree Deakins Blog Post - "OSHA Extends Silica Rule Comment Deadline to February 11"
- January 22, 2014 - Ogletree Deakins Blog Post - "OSHA Extends Comment Deadline on Proposed Recordkeeping Publication Rule"
- November 15, 2013 - Ogletree Deakins Blog Post - "NEWSFLASH: OSHA Sets Public Hearing on Publishing Employer’s Recordkeeping Logs for January 9, 2014"
- November 8, 2013 - Ogletree Deakins Blog Post - "Regulation by Shaming: OSHA Proposes to Publish Employers’ Injury and Illness Records Online"
- August 27, 2013 - Ogletree Deakins Blog Post - "OSHA Finally Releases Proposed New Rule on Silica Exposure"
- July 29, 2013 - Ogletree Deakins Blog Post - "Can OSHA Use a Supervisor’s Own Misconduct to Establish Employer Knowledge of a Violation? The Eleventh Circuit Chimes In"
- May 24, 2013 - Ogletree Deakins Blog Post - "The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)"
- May 3, 2013 - Ogletree Deakins Blog Post - "Who Owns an Employee's LinkedIn Account?"
- July/August 2012 - Well Servicing Magazine - "OSHA's FRC Memorandum Tossed"