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S. Michael Nail

Associate   |   Greenville

Michael embraces challenges and enjoys assisting clients navigate unique legal issues. He advises clients on risk mitigation and compliance to avoid litigation, and when litigation occurs, zealously defends clients in an effective manner crafted to obtain favorable solutions in line with each client’s legal and business objectives.

Michael focuses on representing employers in a variety of single plaintiff employment litigation, including suits under Title VII, the ADA, the ADEA, the FMLA, the FLSA, and other anti-discrimination laws, contract-related disputes, and employment-related torts. Michael also provides strategic advice to managers and human resources professionals on a wide range of day-to-day employment matters, including: employee separations, severance agreements, restrictive covenants, employee handbooks, personnel policies, and employee leave issues.  Michael also conducts workplace investigations, provides supervisor harassment training, and manages responses to South Carolina Department of Employment and Workforce audits and South Carolina Occupational Safety and Health Administration whistleblower investigations.  Michael also maintains a niche practice by defending the interests of clients in all aspects of workers’ compensation claims before the South Carolina Workers’ Compensation Commission and assists clients with navigating issues stemming from work-related accidents.

In addition to the Labor and Employment practice for which the firm is well known, Michael also represents the interests of clients in construction litigation, and a variety of other general litigation matters.

Michael’s case management strategy ensures responsiveness and effectively managing a litigation team best suited for the client’s needs.  Michael examines practical solutions that are not only legally sound but that meet each client’s business needs.

Michael, a native of Greenville, received his undergraduate degree in business from the University of South Carolina. He later obtained a Master of Business Administration degree during law school.  While in law school, Michael gained a variety of experiences, including a clerkship with Magistrate Judge James R. Klindt of the United States District Court for the Middle District of Florida and the South Carolina Office of the Attorney General. Michael was also an active participant on the nation’s top-ranked moot court team, winning Second Best Oral Advocate Overall in a spring 2013 national competition.

Outside of work, Michael enjoys many activities with his wife and their four young children, as well as his community and professional involvements, fitness initiatives (including full Ironman triathlon races), and coaching youth sports.

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