Pat Martin is an experienced employment litigation and trial lawyer. He has successfully defended employers by obtaining dismissals, summary judgments, defense verdicts, decertification, and other favorable results in lawsuits involving Title VII, the Minnesota Human Rights Act (MHRA), the Age Discrimination in Employment Act (ADEA), WARN, the Americans with Disabilities Act (ADA), Sarbanes-Oxley, the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), Minnesota Chapter 181, discrimination, harassment, and whistleblowing. He has also defended and prosecuted several commercial, non-competition, trade secret, and product liability lawsuits. Additionally, he provides employment counseling, including on RIF and WARN issues. Pat is admitted to practice in the state and federal courts of Minnesota and Iowa, as well as the Eighth Circuit.
Pat has been recognized as a “Super Lawyer” in Employment Litigation for more than 10 years and as a “Top 40 Employment Super Lawyer” for Minnesota for several years. For 2011-2012, he has been named one of the top 100 Minnesota Super Lawyers for all practice areas, according to Twin Cities Business and Mpls. - St. Paul Magazine.
Pat frequently presents at employment law and human resources seminars, including on topics relating to social media, RIFs, and discrimination. He also regularly moderates federal judges’ panels concerning employment litigation.
For 2011-2012, Pat is the President for the Minnesota Chapter of the Federal Bar Association, the second largest FBA chapter in the United States. With almost 900 members, the FBA Minnesota Chapter runs several award-winning programs that enhance the practice of law in federal courts. He also serves as a youth hockey coach for the Roseville Area Youth Hockey Association (2004-2012), and is the current Squirt A Coach.
Before entering private practice, Pat clerked for the Honorable Thomas J. Kalitowski on the Minnesota Court of Appeals. While at the University of Minnesota Law School, Pat actively participated in Trial Practice, National Moot Court, Civil Clinic, and the American Indian Law Student Association. Before law school – while attending Mankato State (now Minnesota State Mankato) – Pat played college hockey on the 1991 Mavericks team that finished second in the NCAA tournament for Division II and III hockey. His teammates voted him the “Best Hustle Award” winner for three of four years.
Experience
- Summary judgment in the District of Minnesota for a national bank in an employment lawsuit alleging significant breach of contract and Minn. Stat. §181.13 damages
- Rule 56 dismissal with prejudice in 181.13 lawsuit (without any discovery) in a case alleging commission violations against an international security company; District of Minnesota extended Lee v. Fresenius to apply to commissions in addition to paid time off (PTO)
- Denial of injunction in the District of Minnesota for a large food services company in a case in which the Teamsters sought to undo the outsourcing of truck driver jobs
- Holding in favor of investment advisor that there is no right to a jury trial under WARN
- Holding in favor of national bank that plaintiff's Facebook and other social media posts are discoverable
- Dismissal of Sarbanes-Oxley whistleblowing matter in the financial services industry before the U.S. Department of Labor
- Dismissal of virtually all of a Sarbanes-Oxley whistleblowing matter for a high tech company before the U.S. Department of Labor
- Aggressive defense of a Sarbanes-Oxley whistleblowing appeal for a large food distributor, which led to voluntary dismissals by both claimants
- Denial of TRO in the District of Minnesota involving a non-compete arising from the sale of a medical supply business.
- Granting of an injunction in the District of Minnesota in a commercial dispute
- Defense verdict in a District of Minnesota age discrimination trial in the funeral services industry
- Reversal of a bankruptcy court case and lifting stay to proceed with commercial arbitration.
- Convinced jury to grant extremely limited award in damages-only trial involving significant facial lacerations and scars
- Defense verdict in the District of Minnesota in civil fraud case
- Decertifying ADEA age discrimination representative action in the District of Minnesota
- Responding to Department of Labor audit of an employer’s wage and hour practices under the FLSA, which included convincing DOL investigator that most employees at auto repair company were exempt
- Dismissal for lack of personal jurisdiction in a multi-million dollar municipal bond case
- Defense judgment in a five-week disability discrimination, reasonable accommodation, and retaliation trial in the financial services industry (affirmed on appeal)
- Summary judgment granted and affirmed in a commercial banking matter involving RICO and other claims
- Successfully opposed a state agency’s assessment of more than one million dollars relating to the transfer of an unemployment compensation experience rating due to alleged successorship
- Employment law advising for several companies, including nationwide employment law advising and litigation defense for large liquid egg producer (prior to company’s sale)
- Several other summary judgments, trials, and appeals involving employment and commercial matters in state and federal courts
Minnesota
Iowa
U.S. District Court, District of Minnesota
U.S. Court of Appeals, Eighth Circuit
U.S. District Court, Northern and Southern Districts of Iowa
Education and Honors
- Top 100 Minnesota Super Lawyer for all practice areas
- Super Lawyer for more than 10 years
- Top 40 Employment Super Lawyer
Professional Activities
- Federal Bar Association – Minnesota Chapter (Board of Directors - 2000-2012; President for 2011-2012; President-Elect for 2010-2011; Co-Chair of Federal Prisoner Transportation - 2007-2010; Vice President of Membership - 2006-2007; Vice President of Legal Education - 2005-2006; Vice President of Special Events - 2004-2005)
- Minnesota State Bar Association (Labor and Employment Section, Board of Governors – 1998-1999)
- Hennepin County Bar Association (Governing Council – 1998-1999)
- Iowa State Bar Association
- Minnesota Management Attorney’s Association (MMAA) (2006-2012)
- Volunteer lawyer, FBA Pro Se Project
- FBA’s 32nd Annual Federal Practice Seminar, Course Chair (Minneapolis, June 2006)
- 28th Annual Upper Midwest Employment Law Institute - "The Social Media Revolution 2011 in 3D - Meet Foursquare, WikiLeaks, and Shocking Facebook Apps" - St. Paul - May 2011
- Ogletree Deakins Workplace Strategies Seminar - "The Social Media Revolution 2011" - Chicago - May 2011
- 2010 Iowa SHRM State Conference - "The Social Media Revolution 2010" - Des Moines - September 2010
- Ogletree Deakins Briefing - "Don’t Let Social Media Catch You in Left Field" - Minneapolis - September 2010
- 27th Annual Upper Midwest Employment Law Institute - "The Social Media Revolution 2010 – From Facebook Firings to Twittering Away the Workday" - St. Paul - May 2010
- ABA National Conference on EEO Law - "Tweeting from a Work Meeting or ‘Do I Really Have to Friend My Boss?" - San Antonio - March 2010
- 26th Annual Upper Midwest Employment Law Institute - "The Federal Judges Speak on Courtroom Drama – From Brilliant Moves to Amazing Blunders" - St. Paul - May 2009
- 26th Annual Upper Midwest Employment Law Institute - "The Social Media Revolution – Should I Fire Employees for MySpace, Facebook, and YouTube Postings?" - St. Paul - May 2009
- 2009 Labor & Employment Seminar: Trying Times for the Troubled Employer - "RIFs and Avoiding Invalidated Releases" - Minneapolis - April 2009
- 2009 Web Seminar - "Breaking Up Is Hard To Do: RIF, WARN, and ADEA Heartburn 2009" - Minneapolis - February 2009
- 2008 Web Seminar - "Walking on Thin ICE: Audits and Investigations by Immigration and Customs Enforcement" - Minneapolis - December 2008
- 25th Annual Upper Midwest Employment Law Institute - "The Federal Judges Speak on Summary Judgment, Injunctions, Trial Practice, and More!" - St. Paul - May 2008
- 25th Annual Upper Midwest Employment Law Institute - "The U.S. Magistrate Judges Speak – Settlement Conferences, Motion Practice, Discovery, and More!" - St. Paul - May 2008
- The Right Slate for ’08: Labor and Employment Law Update 2008 - "Discrimination: The Next Generation" - Minneapolis - March 2008
- 24th Annual Upper Midwest Employment Law Institute - "The Federal Judges Speak on Employment Litigation, Injunctions, and More" - St. Paul - May 2007
In The News
- Fall 2008 - Minnesota Lawyer’s In-House Quarterly - "What’s Next in Employment Discrimination Suits"
- September 28, 2011 - Bar Talk - "President's Welcome"
- 2009/2011 - ABA, MCCA, and Minnesota CLE - "The Social Media Revolution 2011 in 3D – Meet Foursquare, WikiLeaks, and Shocking Facebook Apps"
- 2007 - Minnesota CLE - "Summary Guide to Rules Regarding Discovery: Federal Court and Minnesota State Court"