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"Legal issues are really just problems to be solved. The best lawyers join their expertise with that of their clients to form a team that solves problems in the most efficient and cost effective way possible."

Mike O’Brien is an experienced and accomplished employment and media law attorney and courtroom litigator.

In June 2010, Mike was named as one of the “Nation’s Most Powerful Employment Lawyers in America” and one of the top 100 employment attorneys in the country by Human Resources Executive magazine. He consistently receives the highest possible peer reviews from rating services like Martindale-Hubbell (AV rating) and Chambers USA (“one of the best in the state, respected by peers and judges alike”). He has been recognized by The Best Lawyers in America in first amendment and employment law since 2005 and Utah Business magazine annually has named him one of Utah’s Legal Elite. He is listed in “Who’s Who Legal USA” as one of the country's leading attorneys in management employment law and listed as a Mountain States Super Lawyer. The Utah State Bar named him as its Employment Lawyer of the Year. Mike is the chair of the firm’s Litigation Department and is the leader of its Employment Law and Media Law practice groups.

Mike works with the local and national Society for Human Resource Management (SHRM) and serves as the legal and legislative director for Utah SHRM and Salt Lake SHRM. For such services, National SHRM honored him with its prestigious Capital Award, given annually to one of SHRM’s 170,000 members worldwide. Utah SHRM has given him its Award for Professional Excellence.

Mike partners with employers in many industries to prevent and solve employment problems. He counsels employers on how to minimize and manage risks, including those involving: civil rights, discrimination, the Americans With Disabilities Act (ADA), sexual harassment, other harassment, retaliation, the Fair Labor Standards Act (FLSA), payment of wages, overtime pay and exemptions, employee benefits, drug and alcohol testing, workplace violence, the Family and Medical Leave Act (FMLA), the Equal Employment Opportunity Commission (EEOC), affirmative action, unemployment compensation, employee misconduct, investigations, unions, unfair labor practices, the National Labor Relations Board (NLRB), employment contracts, noncompetes, defamation, torts, wrongful discharge, mediation and arbitration. He also represents employers when disputes become lawsuits. He has successfully handled hundreds of cases before administrative agencies, trial courts, juries, arbitrators, mediators and appeals courts. He regularly works with clients regarding preventive employment law activities, such as investigations, supervisor and employee training, policy and handbook reviews, job descriptions, human resource audits and counseling on day-to-day employee problems. Mike has published numerous articles on employment law topics. He is a popular public speaker, often addressing the news media and local and national employer groups on various employment law trends and issues. He also serves as an arbitrator and mediator in employment law disputes.

Mike is also a recognized media and First Amendment lawyer. He assists news and publishing organizations in obtaining access to places and records (FOIA and Utah GRAMA), and in minimizing risks (and responding to claims) of defamation, invasion of privacy, tort and other matters related to publishing. His clients have included The Salt Lake Tribune, CNN, the Deseret News, the Associated Press, the Newspaper Agency Corporation, Newsweek, the Society of Professional Journalists, KUTV News, the Utah Media Coalition and KSL-TV and radio. He is a member of, and has received “sunshine” and freedom of information awards from, the Society of Professional Journalists and the National Association of Broadcasters. He is also the co-editor of the Utah Media Law Handbook published by the Utah Headliners Chapter of the Society of Professional Journalists.

Mike was born in Orleans, France and attended schools in Ogden, Utah. He holds degrees from the University of Notre Dame and the University of Utah College of Law, where he has served as an Adjunct Professor of Law. He is admitted to practice before all Utah State and Federal Courts, the Tenth Circuit Court of Appeals and the United States Supreme Court. Mike is a member of the employment sections of the Utah State Bar Association and the American Bar Association. He also is active in the community, having served on the boards of Ulster Project of Utah, Wasatch Homeless Healthcare, Inc., the Catholic Business Network and St. Vincent de Paul School.