Michael Clarkson

Shareholder | Boston

Mike Clarkson’s practice is primarily focused on sophisticated (frequently privileged) workplace investigations of allegations of discrimination and “reverse discrimination,” sexual and other harassment, retaliation, bullying, sexual assault, financial impropriety, and nepotism. Frequently, these allegations are made against Legal, HR, and/or high-level executives, and often the allegations are brought anonymously or by third parties. Mike has long experience at gauging credibility – and supporting his conclusions about it with a detailed analysis of the facts developed in his investigation. Mike’s litigation background (and the critical thinking skills and writing ability he developed as a litigator) is key to this work. Mike’s written summaries of his investigations and, when necessary, his testimony in support of his conclusions, are entirely defensible and refreshingly cogent and logical.

Representative Investigations

Investigated Head of Legal’s alleged improper touching of a subordinate.
Investigated Assistant General Counsel’s alleged demeaning behavior towards co-workers.
Investigated sexual harassment allegations against employee who himself had brought race discrimination allegations.
Investigated allegations that the Vice President of Marketing was inappropriate, unprofessional, and abusive to other high-level employees.
Investigated allegations that tenured faculty member had stalked and sexually harassed a subordinate.
Investigated anonymous complaint of bullying and harassment by VP of HR.
Investigated sexual assault via ‘date rape drug’ at sales conference.
Investigated allegations of sexual harassment and retaliation by multiple members of an in-house life safety department.

Mike also trains in-house attorneys and HR and compliance professionals on how to conduct workplace investigations – including training on scoping investigations, gauging credibility, and writing up conclusions. These trainings run from short refreshers to multi-day, practical and hands-on sessions with (gasp!) homework. Mike sits on the Steering Committee of Ogletree’s Workplace Investigation and Organizational Assessment Practice Group.

In addition to Mike’s workplace investigation practice, Mike also litigates cases and counsels large and small private for-profit and not-for-profit employers concerning all aspects of employment law (discrimination, harassment, retaliation, non-compete, wage and hour, workplace safety, and personnel policy). He has particular experience in drafting drug testing policies and in the complex scientific issues that arise in drug testing-based litigation. Mike is an active member of Ogletree Deakins’ Workplace Safety and Health Practice Group, regularly negotiating with and litigating against OSHA.

Mike is rated “Preeminent AV” by Martindale-Hubbell (reflecting the highest ethical standards and legal ability) and was named a “Super Lawyer” from 2008-present (and a “Rising Star” from 2005-2007) by Boston Magazine. Mike received his undergraduate degree in Industrial and Labor Relations from Cornell University and is currently a member of the ILR School’s Alumni Board of Directors. He received his law degree from University of California College of the Law, San Francisco where he represented the University at the National Moot Court Competition and taught “Street Law” at Galileo High School in San Francisco.

More About Michael Clarkson

Experience

Published Decisions:

Electronic Data Systems Corp. v. Attorney General, 798 N.E. 2d 273 (Mass. 2003)
Kaytor v. Electric Boat Corp., 2007 WL 4322546 (D. Conn. 2007)
Kaytor v. Electric Boat Corp., 2009 WL 840669 (D. Conn. 2009)
Kaytor v. Electric Boat Corp. 2009 WL 1580989 (D. Conn. 2009)
Kaytor v. Electric Boat Corp. 609 F.3d 537 (2nd Cir. 2010)
Aggreko, LLC v. Koronis and United Rentals, Inc., 2013 WL 6835165 (D. Mass 2013)
Barbuto v. Advantage Sales and Marketing, LLC, et. al., 477 Mass. 456 (2017)

Recent Activities:

Presented on “Designing a Litigation-Proof Drug Testing Protocol” to the Association of Corporate Counsel
Presented on “Drug Testing and Background Checks” at Ogletree Deakins Breakfast Briefing
Presented on “D.R. Horton – Cuda and the Impact on Arbitration-Only Agreements” to Macy’s, Inc.
Presented on “The Use of Expert Witnesses in Complex Employment Litigation” to the City of Boston Law Department
Presented on “Smart Hiring Practices” to the South Shore Chamber of Commerce
Presented on “Public Accommodation and Wage and Hour Concerns in the Hospitality Industry” to the Saunders Hotel Group
Presented on “Facebook and Employment Law” to nation-wide audience of auto dealers
Presented on “Recent Developments in COBRA” to the South Shore Chamber of Commerce
Presented on the “Massachusetts Data Security Law” to the South Shore Chamber of Commerce
Presented on “Law Firm Diversity Efforts” at Cornell University
Presented on “Electronically Stored Information – A Game Plan for Compliance” to the South Shore Chamber of Commerce
Published “Same-Sex Marriage and Civil Unions: ‘Til State Borders Do Us Part” in The Brief
Presented on the “Employment Law Implications of Same-Sex Marriage in Massachusetts and Civil Unions in Vermont and Connecticut” at the American Bar Association Annual Meeting
Presented on “Courtroom Technology and Employment Law Litigation” to Federated Department Stores
Presented on “How to Avoid Retaliation Claims” to the South Shore Chamber of Commerce

Education & Admission

Professional Activities

Speeches

Workplace Safety Symposium – “Intersections and Connections: Safety Meets Drug Testing, Civil Liability, Whistleblower Statutes, and More” – New Orleans – December 5, 2024
Ogletree Deakins Webinar – “Naloxone (Narcan) in the Workplace: Employer Responsibilities and Risks” – April 30, 2024
Workplace Safety Symposium – “Drug Testing—From the Basics to Incidents and Accidents” – Austin – December 6, 2023
Boston Bar Association – “Cannabis and the Workplace” – November 9, 2023
Corporate Labor and Employment Counsel Exclusive – “High Maintenance? The Proliferation of Marijuana-Friendly Laws and Their Impact on the Workplace” – November 9, 2023
National Safety Council (NSC) Safety Congress & Expo – “Cannabis – Safety Concerns and Legal Update” – New Orleans – October 24, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 20: Marijuana in the Workplace” – October 20, 2023
Ogletree Deakins Workplace Strategies Seminar – “Dazed and Confused? Managing Marijuana Issues in the World of Legalization” – San Diego – May 12, 2023
ULCSP MEETING – “Drug Testing and Marijuana: Practical Advice for Employers” – April 18, 2023
Workplace Safety Symposium – “The Grand Finale: A Mock OSHA Inspection” – Tampa – December 9, 2022
Workplace Safety Symposium – “Safety Links: The Intersection of Workplace Safety and Other Employment Issues (Part I)” – Tampa – December 8, 2022
Ogletree Deakins Podcast – “The Marijuana Conundrum in the Workplace: Balancing Staffing, Compliance, and Safety Concerns” – October 26, 2022
Ogletree Deakins + Hound Labs Seminar – “Update on State Cannabis Laws + Trends for 2022” – January 19, 2022
The Investigations Institute: Investigations Demystified – “Best Practices – Phase Two (The Fun Part): How-To Conduct an Effective Investigation” – September 9, 2021
Workplace Strategies Virtual Seminar – “Cannabis Confusion? Managing Marijuana Issues in the Workplace” – June 24, 2021
Ogletree Deakins Podcast – “False Positives in Drug Testing” – April 27, 2021
Corporate Labor and Employment Counsel Exclusive – “Investigations From Afar: Best Practices for Conducting Remote Investigations” – November 11, 2020
Ogletree Deakins Workplace Strategies Virtual Conference – “Marijuana and Drug Testing—A COVID-19 and Non-COVID-19 Update for Employers” – May 14, 2020
Cooperative Credit Union Association Webinar – “COVID-19 Planning for Return to Normal” – May 13, 2020
Corporate Labor and Employment Counsel Exclusive – “Weed Out Disability Claims in Drug Testing” – New Orleans – November 15, 2019
Association of Corporate Counsel – “Legalized Recreational Cannabis in Illinois: What In-House Counsel Should Know” – Chicago – August 2019
Parts Town – “Channeling Sherlock Holmes: Deducing Best Practices for Conducting Workplace Investigations” – Chicago – May 23, 2019
ALI-CLE Webinar – “Marijuana in the Workplace” – May 22, 2019
Ogletree Deakins Briefing – “Tips and Trends for the Modern Workplace” – Needham – May 16, 2019
Ogletree Deakins Podcast – “Drug Testing in the Manufacturing Industry: Top Tips for Legal and Effective Policies” – March 19, 2019
Corporate Labor and Employment Counsel Exclusive – “Pop Quiz – Labor and Employment Exclusive Style” – La Quinta – November 8, 2018
Cooperative Credit Union Association (CCUA) – “Conducting Effective Workplace Investigations” – Marlborough – October 4, 2018
RMR Group Presentation – “MA Equal Pay Act and the Quest for Pay Equity” – Newton – June 28, 2018
Sonesta Hotels – “Handling Opioids and Marijuana in the Workplace” – Cambridge – June 26, 2018
CBA/ABA/IPEBLA Global Pension and Employee Benefits Conference – “Marijuana in the Workplace” – Boston – June 14, 2018
Ogletree Deakins Workplace Strategies Seminar – “Panel Discussion: The Straight Dope on Opioids and Marijuana” – Phoenix – May 10, 2018
Cooperative Credit Union Association – “Employment Law Implications of Medical and Recreational Marijuana” – Marlboro – April 6, 2018
Cranes 101 – “Marijuana in the Workplace” – Franklin – December 6, 2017
Labor and Employment Counsel Exclusive – “Channeling Sherlock Holmes: Deducing Best Practices for Conducting Workplace Investigations” – Boca Raton – November 10, 2017
American Law Institute Continuing Legal Education (ALI CLE) Webinar – “Marijuana in the Workplace: A Look at Current Legal Issues and What’s on the Horizon” – October 17, 2017
Ogletree Deakins Webinar – “What Does Massachusetts’s Landmark Medical Marijuana Ruling Mean for Multistate Employers?” – August 29, 2017
Ogletree Deakins Workplace Strategies Seminar – “Dazed and Confused? Marijuana and Prescription Drug Issues at Work” – San Diego – May 4, 2017
Justice Resource Institute – “Conducting Effective Internal Investigations” – Needham – March 2, 2017
Ogletree Deakins Briefing – “General Labor and Employment Law Update” – Needham – October 20, 2016
Massachusetts Council of Human Service Providers, Inc. – “How to Conduct Effective Workplace Investigations” – Framingham – October 12, 2016
Association of Corporate Counsel Webinar – “Recreational and Medical Marijuana Laws – What Sports and Entertainment Employers Need to Know” – September 22, 2016
General Dynamics Legal Department – “Clearing the Smoke on Medical Marijuana Laws” – Falls Church – September 14, 2016
Ogletree Deakins Labor and Employment Counsel Exclusive – “The Twists and Turns of “Routine” Workplace Investigations: Solutions to Common Challenges” – Phoenix – November 13, 2015
South Shore Chamber of Commerce – “Legal Implications of Social Media in the Workplace” – Rockland – September 2015
Ogletree Deakins Workplace Strategies Seminar – “High Times – Managing Legal Marijuana and the Workplace” – San Antonio – May 14, 2015
Liberty Mutual Insurance Legal Department – “Massachusetts Legal Update” – Boston – March 17, 2015
South Shore Chamber of Commerce – “Paid Sick Leave and Other Hot Topics” – Rockland – February 12, 2015
Workplace Strategies – “Disgruntled, Computer Literate, and Focused on You: Defusing Social Media Attacks” – Las Vegas – May 8, 2014
Ogletree Deakins Briefing – “Employment Law Update” – Newton – March 27, 2014
South Shore Chamber of Commerce – “Legal Implications of Social Media in the Workplace” – Rockland – November 19, 2013
Ogletree Deakins Workplace Strategies – “Blood, Sweat and Hair: Drug Testing in the Workplace” – New Orleans – May 10, 2013
South Shore Chamber of Commerce Roundtable – “Workplace Privacy” – Quincy – April 25, 2013
Ogletree Deakins Webinar – “A Sober, Clear-Eyed Look at Drug Testing Best Practices” – January 17, 2013
South Shore Chamber of Commerce – “Employee Drug Screening – What Employers Should Know” – Quincy – September 13, 2012
Ogletree Deakins Workplace Strategies Seminar – “Retaliation Litigation – Trends, Risks and Practical Strategies” – Phoenix – May 9, 2012

Published Works

Media Quotes

March 7, 2022 – SHRM Online – “Avoid Unpaid Administrative Leave During Investigations”
September 3, 2021 – Globe Newswire – “Hound Labs, Inc. Raises $20M in Capital to Scale Operations”
November 23, 2020 – Law360 – “3 Legal Land Mines Employers Should Avoid In The Pandemic”
May 31, 2019 – SHRM Online – “How to Comply with New State and Local Laws”
May 6, 2019 – SHRM Online – “State Lawmakers Aren’t Waiting for Federal Pay-Equity Reform”
February 6, 2019 – Bloomberg Law – “Medical Marijuana Use Worker Protections Growing, Rulings Show”
May 2, 2018 – Associated Press – “Desperate to hire, more businesses open door to pot smokers”
April 25, 2018 – SHRM Online – “Employers Increasingly Drop Marijuana Testing of Job Applicants”
February 8, 2018 – SHRM Online – “Vermont Legalizes Recreational Marijuana”
November 29, 2017 – HR Dive – “6 updates to get your employee handbook ready for 2018”
August 2, 2017 – Business Insurance – “Demand for impairment training high as employers prep for marijuana law”
July 10, 2017 – SHRM Online – “How Can Multistate Employers Develop Solid Drug-Testing Policies?”
November 10, 2016 – Law360 – “4 Employer Takeaways From The Spread Of Legal Marijuana”
August 16, 2016 – The Street – “Why Your Future Boss Won’t Be Able to Ask About Salary History”
August 15, 2016 – The Street – “Why Your Future Boss Won’t Be Able to Ask About Salary History”
September 29, 2014 – Workforce Magazine – “Painkiller Addiction: An 'Equal Opportunity Destroyer'”
June 30, 2014 – Workforce Magazine – “The Hazy Issue of Marijuana in the Workplace”
December 10, 2012 – New England In-House – “Fired officers can't sue city over allegedly biased drug test”
December 5, 2012 – New England In-House – “ERISA Suit Barred by Job Offer Refusal”
November 12, 2012 – Massachusetts Lawyers Weekly – “ERISA Suit Barred by Job Offer Refusal”
October 22, 2012 – Massachusetts Lawyers Weekly – “Fired Officers Can't Sue City”
October 12, 2012 – Daily Labor Report – “Boston Police did not Violate Title VII, ADA by Testing Hair for Drug Use”
October 5, 2012 – Massachusetts Lawyers Weekly – “Boston Police Officers' Disparate Impact Racial Discrimination Claim Fails”
October 3, 2012 – CCH Employment Law Daily Wrap Up – “Statistical evidence insufficient to establish African-American police officers suffered disparate impact because of hair test to detect illegal drug use”
October 3, 2012 – Law360 – “Boston Police Drug Test Passes Discrimination Challenge”
May 31, 2012 – Massachusetts Lawyers Weekly – “Non-billable hours”