Mike Birrer
Partner
Employment, Business Litigation
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.
Mr. Birrer has been named by D Magazine as one of the “Best Lawyers in Dallas” for 2012.
Representative Matters
Retaliation Claims
Represented a local hospital in a retaliation lawsuit brought by three nurses under the Texas Nursing Practice Act and Texas Health and Safety Code. Summary judgment was granted on the claims of one nurse, and after a bench trial, in January 2011, 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.
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, the district court entered judgment in favor of Mr. Birrer's clients and dismissed all claims with prejudice.
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; Moot Court Board
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
Employee Benefits Committee of the American Bar Association
Lifetime Member and Past President: Advisory Board, Booker T. Washington High School for the Performing and Visual Arts
Board Member and Past President: Creative Arts Center of Dallas
Board Member: East Dallas Community School (Charter School)
Speeches/Publications
EEOC’s Revised Guidelines on Background Checks, Carrington Coleman Employment Law Bulletin (April 2012).
NLRA and Non-Union Employees, Webinar, April 2012.
Successful Partnering Between Inside and Outside Counsel, Employment Law Chapter, WestGroup & ACCA 2000, Supplements 2001-2011.
How to Hire and Fire in 96 Jurisdictions, Texas Chapter, Multilaw Group, 2011.
The ADAAA Final Regulations: What You Need to Know, Client Presentation (April 2011), and upcoming Dallas Bar Association, Labor and Employment Section, Presentation (June 2011).
Consumer Arbitration Ruling Suggests Employers Can Contract Around Class Arbitrations, Carrington Coleman Employment Law Bulletin (May 2, 2011).
Social Networking Policy: Part II, Carrington Coleman Employment Law Bulletin (November 10, 2010).
Monitoring Employee Emails, Carrington Coleman Employment Law Bulletin (November 9, 2010).
Cyber Issues in Employment Law, Dallas Bar Association, Labor and Employment Section, Presentation (November 2010).
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).
Change is Here, More is Coming: Legislative and Regulatory Employment Law Update, Client Presentation (August 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).
The New FMLA Regulations – Update, Client Presentation (January 2009); Dallas Bar Association, Labor and Employment Section, Presentation (March 2009).
Recent Developments in ERISA Fiduciary Litigation, CCSB Client Seminar.
Workplace Violence - Overview of Legal Issues, Institute of Real Estate Management.
How to Avoid Litigation: Defending Against EEOC Investigations, National Law Seminar Institute.
