Michael Clarkson is the Managing Shareholder of the Boston office. In his work with Ogletree Deakins, Mr. Clarkson litigates cases and counsels large and small private for-profit and not-for-profit employers concerning discrimination, harassment, retaliation, non-compete, wage and hour, employment contract, personnel policy and drug testing issues. Mr. Clarkson has a particular expertise in the complex scientific issues surrounding drug testing generally and allegations of racial bias in hair drug testing in particular. Mr. Clarkson is licensed to practice in California and Massachusetts and regularly appears in state and federal courts and before administrative agencies across the country. Mr. Clarkson frequently writes on and leads seminars on employment law and human resource issues. Mr. Clarkson is "Preeminent AV" rated by Martindale-Hubbell (reflecting the highest ethical standards and legal ability) and was named a “Super Lawyer” in Boston Magazine’s 2008, 2009, 2010 and 2011 Massachusetts Super Lawyer editions and a “Rising Star” in the 2005, 2006 and 2007 editions.
Mr. Clarkson is Vice Chair of the Employment Law and Litigation Committee of the American Bar Association’s Tort Trial and Insurance Practice Section and a member of the South Shore Chamber of Commerce’s Human Resources Advisory Group.
Before joining Ogletree Deakins, Mr. Clarkson was a partner and member of the Management Committee at Morgan, Brown & Joy in Boston. Before moving to Massachusetts, Mr. Clarkson worked in California as a litigation associate for Finnegan, Marks & Hampton and as a staff attorney for the Environmental Law Foundation. Mr. Clarkson received his undergraduate degree in Industrial and Labor Relations from Cornell University and is currently a member of the ILR School’s Alumni Board of Directors. Mr. Clarkson received his law degree from University of California, Hastings College of the Law where he represented the University at the National Moot Court Competition and taught "Street Law" at Galileo High School.
Experience
Published Decisions
Electronic Data Systems Corp. v. Attorney General, 798 N.E. 2d 273 (Mass. 2003)
Kaytor v. Electric Boat Corp., 2007 WL 4322546 (D. Conn. 2007)
Kaytor v. Electric Boat Corp., 2009 WL 840669 (D. Conn. 2009)
Kaytor v. Electric Boat Corp. 2009 WL 1580989 (D. Conn. 2009)
Kaytor v. Electric Boat Corp. 609 F.3d 537 (2nd Cir. 2010)
Recent Activities
- Presented on "Drug Testing and Background Checks" at Ogletree Deakins Breakfast Briefing
- Presented on "D.R. Horton - Cuda and the Impact on Arbitration-Only Agreements" to Macy's, Inc.
- Presented on "The Use of Expert Witnesses in Complex Employment Litigation" to the City of Boston Law Department
- Presented on "Smart Hiring Practices" to the South Shore Chamber of Commerce
- Presented on "Public Accommodation and Wage and Hour Concerns in the Hospitality Industry" to the Saunders Hotel Group.
- Represented the Boston Police Department in a nineteen day trial in the Massachusetts Civil Service Commission concerning a challenge by ten ex-BPD officers to their hair drug test results. Case is now pending decision by the Commission.
- Presented on "Facebook and Employment Law" to nation-wide audience of auto dealers.
- Presented on "Recent Developments in COBRA" to the South Shore Chamber of Commerce.
- Presented on the "Massachusetts Data Security Law" to the South Shore Chamber of Commerce.
- Presented on "Law Firm Diversity Efforts" at Cornell University.
- Presented on "Electronically Stored Information - A Game Plan for Compliance" to the South Shore Chamber of Commerce.
- Published "Same-Sex Marriage and Civil Unions: 'Til State Borders Do Us Part" in The Brief.
- Presented on the "Employment Law Implications of Same-Sex Marriage in Massachusetts and Civil Unions in Vermont and Connecticut" at the American Bar Association Annual Meeting.
- Presented on "Courtroom Technology and Employment Law Litigation" to Federated Department Stores.
Massachusetts
U.S. Supreme Court
U.S. Court of Appeals, First, Second and Ninth Circuits
U.S. District Court, Central, Northern and Southern Districts of California
U.S. District Court, District of Massachusetts
U.S. District Court, Northern District of Illinois
U.S. District Court, District of Connecticut
Education and Honors
- "Preeminent AV" rated by Martindale Hubbell, reflecting the highest ethical standards and legal ability
- Super Lawyer (2008, 2009, 2010 and 2011)
- Rising Star (2005, 2006 and 2007)
- National Moot Court Competition
- Moot Court Board
- "Street Law" Instructor
Professional Activities
- American Bar Association (Vice Chair Tort Trial and Insurance Practice Section)
- Massachusetts Bar Association (Labor and Employment Law Section)
- Boston Bar Association (Labor and Employment Law Section)
- Cornell University ILR School Alumni Board of Directors
- South Shore Chamber of Commerce, HR Advisory Group
- Operation A.B.L.E. of Greater Boston Board of Directors (2006-2011)
- Ogletree Deakins Workplace Strategies Seminar - "Retaliation Litigation - Trends, Risks and Practical Strategies" - Phoenix - May 9, 2012