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Carrington ColemanLobby

Mike Birrer
Partner

Employment, Business Litigation

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Phone: 214-855-3113
Direct Fax: 214-758-3766
Email: mbirrer@ccsb.com
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Mr. Birrer is a partner in the firm’s employment and litigation sections. His practice focuses primarily on issues related to labor, employment, and employee benefits. In addition to litigation, Mr. Birrer provides training, counseling, and advice regarding workforce matters.

Mr. Birrer's litigation practice involves the representation of employers in state and federal courts involving claims of ERISA fiduciary violations, discrimination, wrongful termination, and non competition/trade secret violations.

Mr. Birrer's nonlitigation practice involves comprehensive counseling for employer clients. He has conducted investigations for employers concerning claims of sexual harassment, age discrimination, retaliation, and other issues. He has developed human resources policies and provided guidance on workplace issues ranging from employment applications to plant closures.

From 2004 through 2007, Mr. Birrer has been named by Texas Monthly magazine as a "Rising Star" in Texas law.

Representative Matters

ERISA
Represented a national securities firm and a broker in an ERISA fiduciary violation lawsuit alleging imprudent investments and prohibited transactions. After a bench trial in January 2008, the district court entered judgment in favor of Mr. Birrer's clients and dismissed all claims with prejudice.

Discrimination Claims
Represented a national mortgage brokerage firm in a series of inter-related arbitrations with claims of age discrimination, race discrimination, sex discrimination, and retaliation.  After four separate arbitration hearings, all matters resulted in findings in favor of Mr. Birrer’s clients.

Counseling
Represented a local technology start-up company in creating employment policies, procedures, and training guidance.

Training
Provided anti-harassment training for property management company’s employees in all offices in Texas.

Education

Vanderbilt University
J.D., 1992
Order of the Coif; Associate Editor,
Vanderbilt Law Review; Board Member, Moot Court Board; Vanderbilt Law Review Note Award

Hendrix College
B.A., magna cum laude, 1989

Admittances

Texas 1992

Texas Supreme Court

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court

Associations/Affiliations

Member: Dallas Bar Association; Dallas Bar Foundation; Texas Bar Association; Texas Bar Foundation; American Bar Association

Labor and Employment Sections of the Dallas, Texas, and American Bar Associations

President: Creative Arts Center of Dallas

Lifetime Member: Advisory Board, Booker T. Washington High School for the Performing and Visual Arts

Member:  Executive Board, Southern Methodist University, Meadows School of the Arts

Member:  Finance Committee, United Way of Metropolitan Dallas

Member:  Dallas Steering Committee, Lambda Legal Defense and Education Fund

Speeches/Publications

Department of Labor Clarifies Definition of In Loco Parentis for FMLA Purposes, Carrington Coleman Employment Law Bulletin (June 25, 2010).

Supreme Court Issues Opinion on Limitations Periods in Disparate Impact Cases, Carrington Coleman Employment Law Bulletin (May 26, 2010).

Employers Required to Provide Break Time and Private Place for Nursing Mothers, Carrington Coleman Employment Law Bulletin (May 18, 2010).

Social Networking Site Use Policy, Carrington Coleman Employment Law Bulletin (February 5, 2010).

College Degree Required: Look Out for Scams, Carrington Coleman Employment Law Bulletin (November 12, 2009).

More Changes to FMLA, Carrington Coleman Employment Law Bulletin (November 3, 2009).

Time to Get a New Poster, Carrington Coleman Employment Law Bulletin (October 27, 2009).

Proposed ADA Regulations Will Be Issued This Week, Carrington Coleman Employment Law Bulletin
(September 22, 2009).

Successful Partnering Between Inside and Outside Counsel, Employment Law Chapter, WestGroup & ACCA, Supplements, 2001-2009.

U.S. Supreme Court Rules for White Firefighters in Reverse Discrimination Case, Carrington Coleman Employment Law Bulletin (June 30, 2009).

Employment Eligibility Verification Form
Carrington Coleman Employment Law Bulletin (June 30, 2009).

Supreme Court Rejects Mixed Motives in ADEA Cases, Carrington Coleman Employment Law Bulletin (June 18, 2009).

The 81st Texas Legislature, Carrington Coleman Employment Law Bulletin (June 5, 2009).

EEOC Addresses Caregiver Discrimination, Carrington Coleman Employment Law Bulletin (April 24, 2009).

Supreme Court Issues Opinion on Noncompetes Under Texas Law,
Carrington Coleman Employment Law Bulletin (April 17, 2009).

Get Ready to Switch Out Your I-9 Forms For Incoming Employees!, Carrington Coleman Employment Law Bulletin (March 31, 2009).

Amendments to the Americans With Disabilities Act, Carrington Coleman Employment Law Bulletin (November 2008).

Critical Issues in Employment Law:  Protecting the Company's Bottom Line, presented at the Arkansas Bar Association Annual meeting in Hot Springs, Arkansas, June 13, 2008.

FMLA: Changes to the Statute and Proposed Regulations, March 17, 2008.

Work/Life Balance:  Addressing Current Trends in Family Responsibilities Discrimination, Nov. 15, 2007.

Recent Developments in ERISA Fiduciary Litigation, CCSB Client Seminar.

Investigative Issues presentation to Annual Benefits Symposium.

Workplace Violence - Overview of Legal Issues, Institute of Real Estate Management.

How to Avoid Litigation: Defending Against EEOC Investigations, National Law Seminar Institute.