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Michael Sullivan heads the firm's Labor & Employment Group and is a principal in the firm's Litigation Group. He has a wide spectrum of experience advising companies with respect to their labor and employment policies and practices and defending companies in disputes with their employees. He also has broad experience litigating business disputes, including those involving fraud and other torts, contractual obligations, restrictive covenants, lender liability and bankruptcy issues. Much of his litigation experience, in labor and employment and commercial matters, involves emergency disputes involving temporary restraining orders ("TROs"), injunctions and other time-sensitive proceedings. Mr. Sullivan frequently counsels clients to help guide them through the myriad of employment issues arising under civil rights and anti-discrimination laws, employment contracts and restrictive covenants, wage-hour laws, employment torts and common law. He advises Goldberg Kohn's clients about the labor/employment implications of significant corporate transactions, including mergers, sales, acquisitions, loans and bankruptcies. He also counsels executives and companies regarding "best practices" for creating sensible, enforceable employment policies that can be implemented by line managers and understood by employees. Mr. Sullivan's focus extends broadly throughout the labor and employment issues that face Goldberg Kohn's clients. He has defended employment discrimination cases in administrative agencies and in federal and state courts across the United States. He has obtained many summary judgment dismissals of these cases and has successfully defended their appeals before various federal and state appellate courts. Where appropriate, he has used alternative dispute resolution, including arbitration and mediation, to obtain expedited and favorable settlements of these matters. In addition to his employment law experience, Mr. Sullivan also represents employers across the nation who face union-related labor law issues, including matters pending before the National Labor Relations Board and its regional offices across the country. He has represented clients in unfair labor practice hearings and grievance arbitrations, counseled employers during union organizing campaigns, and defended clients' interests throughout the union-election process, including in hearings on post-election challenges and objections. He has also obtained the dismissal and withdrawal of representation petitions without the need for an election. In addition, Mr. Sullivan has experience handling difficult and expedited labor proceedings, including those involving strikes, picketing and emergency litigation in federal court. His traditional labor law experience spans a broad array of industries, including extensive work in the newspaper, publishing, manufacturing, construction, insurance, retail and financial services industries. Mr. Sullivan frequently authors and speaks on issues impacting all of these labor/employment areas. He co-authors a chapter in the IICLE volume of Labor and Employment Issues in Transactions, Business Restructuring, and Workforce Reductions (2005 Edition). He served as a contributing editor to two of the most well-known labor-employment law treatises: Elkouri and Elkouri's How Arbitration Works (Ruben, ABA Section of Labor and Employment Law, Sixth Edition) and the upcoming fifth edition of The Developing Labor Law (Hardin, Higgins, ABA Section of Labor and Employment Law). He has been a frequent commentator in the press on labor and employment issues, on issues extending from the hockey strike to executive compensation policy. He frequently publishes articles, including "Can Local and State Governments Tie Tax Incentive Financing (TIF) To Pro-Union Concessions?" published in the American Hotel and Lodging Association's Lodging HR (September 2006); "Caution! 'English-Only' in the Workplace can be a Discriminatory Practice," published in The Rooms Chronicle (August 2006); "'English Only' May Be Discriminatory," which appeared in the American Hotel and Lodging Association's Lodging Law (August 2006); "English-Only Can Be Discriminatory," published in Lodging Hospitality (September 2006); “No Tender-Back Clauses in Waivers of Age Claims,” which appeared in The National Law Journal (July 2002); and “Harassment Law Update: Prompt and Effective Remedial Action as a Defense to Harassment Claims,” published in Committee News, the newsletter for the American Bar Association (ABA) Tort and Insurance Practice Employer-Employee Relations Committee (Summer 2001). He has trained hundreds of managers and employers in the requirements of federal employment laws. He also recently presented to a circuit of mid-size company presidents and senior executives regarding subtle issues that arise under the Fair Labor Standards Act. Mr. Sullivan’s other presentations include “Are You Ready? The New FLSA Regs,” Pro Presidents Group (2004); “Solving Complex Employment Law and HR Problems in Illinois,” Council on Education in Management (2003); “Illinois State and Federal Leave Law Update 2002,” Council on Education in Management (2002); “Employment Law for HR Professionals,” Council on Education in Management (2002); and “Payroll Management in Illinois,” Lorman Education Services (2001). Mr. Sullivan is admitted to practice in Illinois, as well as in the U.S. District Courts, Northern District of Illinois, including the Trial Bar, the U.S. District Court, Central District of Illinois; U.S. District Court, Northern District of Indiana; the U.S. District Court, Eastern District of Michigan; and, the U.S. Court of Appeals, Seventh Circuit. He is a member of the American Bar Association (Tort and Insurance Practice Section – Employee Relations Committee and Labor and Employment Section), of the Illinois Bar Association (Labor and Employment Section), and of the Chicago Bar Association (Labor and Employment Section). He is a former director of the Chicago chapter of the Industrial Relations Research Association and currently serves as its treasurer, and he is a member of the Downers Grove Area Chamber of Commerce. He was recently elected to the Board of Trustees of the Union League Boys & Girls Clubs and also serves as a member of its associate board. Mr. Sullivan received his law degree in 1991 from the University of Illinois, where he was a Harno Fellow and a member of the Dean’s List, and was awarded various honors, including the Rickert Award for Excellence in Moot Court. He received his B.S., with high honors, in business administration and organizational behavior from the University of Illinois in 1988. Representative MattersThe following is a sampling of Mr. Sullivan’s representative matters and published cases: Sun-Times Media Holdings, LLC: Served as lead labor counsel for the successful stalking horse bidder of the Chicago Sun-Times' assets in a bankruptcy court 363 sale, including reaching amended union contracts with all 16 labor unions. Civitas Schools, LLC and Chicago Alliance of Charter Teachers and Staff, et al., (NLRB Case No. 13-RM-1764 2009): Won precedential representational case for charter schools with holding that National Labor Relations Act (which does not require employers to accept "card check" organizing) applied instead of Illinois Educational Labor Relations Act (which allows employees to organize by "card check" without an election). Solsberry v. Chicago Sun-Times, Inc. (N.D. Ill. 2005 No. 04 C 3611) Obtained summary judgment for defending employer against race discrimination, harassment and retaliation lawsuit. Linebek v. International Union of Operating Engineers, Local 150. Obtained a temporary restraining order in conjunction with the NLRB to stop illegal secondary picketing. MacDonald Machinery Co. Inc. and Local 150 International Union of Operating Engineers, AFL-CIO, 335 NLRB No. 27 (2001) (victory for employer in union campaign upheld after contentious hearing on objections to election by union). Greenslade v. Chicago Sun-Times, et. al., 112 F.3d 853 (7th Cir. 1997) (affirming 930 F. Supp. 323 (N.D. IL 1997)) (upholding lower court's grant of summary judgment against male employee claiming that he was a victim of reverse-gender discrimination, due to the employer's decision that he had harassed a female co-worker in violation of the company's policy). Turner v. Claims Administration Corp., 993 F. Supp. 982 (W.D. Tex. 1998) (summary judgment granted for employer in race discrimination claim emanating, in part, out of alleged workplace hostilities following the O.J. Simpson verdict). Burton v. CNA Ins. Co., 978 F. Supp. 803 (N.D. IL 1997) (summary judgment granted for employer in race and gender discrimination claim alleging systematic discrimination against African-American women). Kahalas v. Claims Administration Corp., 69 Fair Employment Practices Cases 816 (BNA) (D. Md. 1995) (summary judgment granted for employer in multi-count ERISA, age discrimination and contract claim after long-term employee was dismissed due to her poor treatment of subordinates in the workplace). Professional Activities
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