John F. Martin

Profile

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.

AV Rated Martindale Hubbell

Experience

Experience: 
  • 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

Education: 

J.D., cum laude, Texas Tech University School of Law, 1997
B.A., University of Texas at Arlington, 1994

Honors and Awards: 
  • 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

Professional Activities

Professional Activities: 
  • American Bar Association (Occupational Safety and Health Law Committee)
  • Dallas Bar Association
  • Fellow, Dallas Bar Foundation (2000-present)
  • Association of Energy Service Companies (advisor)
Speeches:
  • 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

Media Quotes:
  • September 22, 2014 - SHRM.org - "OSHA Seeks to Lower Whistle-Blowers' Burden of Proof"
  • September 15, 2014 - Corporate Counsel - "In Case of Workplace Accident, Increase OSHA Reporting"
  • June 2, 2014 - SHRM.org - "I2P2 Removed from Active OSHA Agenda"
  • April 28, 2014 - Law360 - "SeaWorld Ruling May Embolden OSHA To Tackle New Sectors"
  • November 11, 2013 - SHRM.org - "Proposal to Submit Injury Reports Meets Opposition"
  • August 13, 2013 - Society for Human Resource Management - "Employer Not Automatically Liable for Supervisor's Safety Violations"
  • June 11, 2013 - Law360 - "Class Action Attorneys React to High Court's Arbitration Ruling"
  • May/June 2012 - Well Servicing Magazine - "Urgent: Lawyers Needed; Shale Plays Have Created an Unprecedented Demand for Legal Representation"
Published Works: