Michael W. Massiatte

Employment Litigation Experience:

• Lead counsel for employment and fiduciary duty dispute involving former Chief Executive Officer.  Successfully resolved the matter for a fraction of the pre-suit demand.
• Obtained a defense verdict for a multinational employer on an employment and trade-secret-theft case.
• Lead counsel in the defense of a petrochemical company in an arbitration of employment claims.  Successfully obtained a complete defense decision.

M&A Experience:

• Lead employment counsel for a US subsidiary of an international defense contractor in connection with multiple US$1 billion buy-side transactions.
• Lead employment counsel for buy and sell-side transactions for companies across the following sectors: energy and natural resources; financial services; healthcare; hospitality and leisure; insurance; real estate; and technology.   
• Member of DLA Piper’s national M&A representation and warranty insurance practice representing the largest carriers in the industry in their M&A underwriting work.

Workplace-Safety Experience:

• Provide advice and counsel to national employers regarding return-to-work issues related to COVID-19.
• Investigate workplace accidents and serve as on-site counsel following catastrophic workplace accidents involving fatalities and/or hospitalizations.
• Handle OSHA inspections (both on-site and via the RRI process) and whistleblower complaints.
• Handle, negotiate and resolve OSHA citations.
• Regularly provide advice and counsel to ensure corporate compliance regarding workplace safety requirements and best practices.
• Design and implement safety and health programs (including conducting safety and health audits).
• Regularly train management and supervisors regarding workplace safety requirements and best practices.

• Co-Author, "Employment Issues Facing Energy Companies in 2021 and Beyond," POWER Magazine, January 4, 2021
• Co-Author, "COVID-19 Employment Law:  New and Emerging Compliance Challenges," Texas Lawyer, December 2020
• Co-Author,"Employment Law in the Year of COVID-19: A Review of New and Emerging Compliance Challenges Facing Employers in 2020 and Beyond," Texas Lawyer, October 2020
• Beyond social distancing: What employers need to know to keep their workplaces safe and manage privacy obligations in the face of COVID-19, 2 April 2020
• Coronavirus: DHS Response to COVID-19 - What US Employers Need to Know, 29 March 2020
• Epic Systems Corp. v. Lewis: Supreme Court affirms employers' efforts to "waive" goodbye to wage-and-hour class and collective actions, 29 May 2018
• Co-Author, Class Arbitration in the United States, Lexis PSL (2018-present)

• "The Pay Gap is Real: Is Pay Transparency the Gamechanger Needed?," 2023 HNBA Corporate Counsel Conference (Phoenix, Arizona)
• "Making Real Gains in Diversity and Inclusion in Corporate America," ACC-DFW D&I Event (October 6, 2022) (Dallas, Texas)
• "The Uncertain Future of Non-Competes: Trends in Federal and State Limitations on Use and Enforcement of Restrictive Covenants," 2022 HNBA Annual Convention (September 9, 2022)(Washington, D.C.)
• "Employment Challenges in Transportation and Logistics: Arbitration Programs, Independent Contractors, and Federal and State Regulations in 2022," Strafford (April 20, 2022)
• "Force Majeure Clauses in Contracts: Drafting and Enforcing Provisions for U.S. and International Agreements," Strafford, (May 2021)
• "Pandemic 2.0 – Workplace Safety Considerations for Remote & Onsite Employees," Texas General Counsel Forum (March 24, 2021) (Dallas, Texas)
• "Crisis Management for Businesses—The Impact of COVID-19," American Bar Association- Commission on Hispanic Legal Rights & Responsibilities (May 2020)
• "Beyond the Curve: Returning to Work Amid COVID-19," (May 2020)
• HNBA Corporate Counsel Division Cena, 20 February 2020
• "2019- #MeToo in the Workplace and Beyond," 2019 HNBA Annual Convention (September 27, 2019) (New York, New York)
• "New Employment Challenges in Transportation and Logistics," Strafford Webinar (April 17, 2019)
• "Amicus Briefs: Influence and Impact," 2019 HNBA Corporate Counsel Conference & Moot Court Competition (March 22, 2019) (Albuquerque, New Mexico)
• "Health and Safety Training for Supervisors and Managers: What you Need to Know About OSHA" (December 2018 and February 2019) (Fort Edward, New York and Macon, Georgia)
• "Employee Leave Issues: FMLA, ADA, and Workers' Compensation" (November 2018) (Dallas, Texas)
• "Navigating Through Federal and State Employment Laws" (October and November 2018) (Houston, Texas)
• "The View from South of the Border: Update on Select Issues in US Employment Law," Calgary E&L Client Conference (October 2018) (Calgary, Canada)
• "Creating Enforceable Arbitration Agreements and Class Waivers in Employment Agreements," Clear Law Institute Webinar (October 2018)
• "Form I-9 Best Practices for Employers, Dallas," Texas (September 2018) (Dallas, Texas)
• "Employment Contracts After Epic SCOTUS Decision: Arbitration Agreements and Class Waivers," Strafford Webinar (August 2018)
• "Positive Work Environments and Unions" (July 2018) (Dallas, Texas)
• "Conducting HR Assessments: Before and After an Employee Complaint" (June 2018) (Dallas, Texas)
• "Ringing in 2018: Employment Best Practices to Avoid a New Year's Hangover" (January 2018) (Houston, Texas)
• "W-2 or 1099, Employee and Independent Contractor Issues in the Uber Age," Hispanic National Bar Association 7th Annual Corporate Counsel Conference (March 2016)
• "Ethical Issues in Employment Investigations and Litigation," Hispanic National Bar Association 6th Annual Corporate Counsel Conference (March 2015)
• "Building for Tomorrow – How Technology Can Scale the Effectiveness of Ethics and Compliance," Ethics and Compliance Officer Association's 23rd Annual E&C Conference (March 2015)
• "Effective Ways of Using Technology in Your Compliance and Ethics Program," Consero Corporate Compliance and Ethics Forum (December 2014)
• "Employees on Leave – Issues When Benefits Stop for Employees on FMLA, Sick or Disability Leave," SWBA 24th Annual Conference (November 2013)