Michael Clarkson

About Michael Clarkson

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.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 20••••07) 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.

Experience

1. Recent Activities

   Ogletree Deakins

   Aug 2017 — Present · Boston, MA, US

   Boston Bar Association -\"Cannabis and the Workplace\"- November 9, 2023National Safety Council Safety Congress & Expo – “Cannabis – Safety Concerns and Legal Update” – New Orleans – October 24, 2023Workplace Strategies Seminar -\"Dazed and Confused? Managing Marijuana Issues in the World of Legalization\"- San Diego - May 12, 2023ULCSP Meeting -\"Drug Testing and Marijuana: Practical Advice for Employers\"- April 18, 2023Corporate Labor and Employment Counsel Exclusive -\"Workplace Investigations in a New Era\"- November 14, 2021The Investigations Institute:\"Best Practices-Phase Two: How To Conduct an Effective Investigation\"- September 9, 2021Corporate Labor and Employment Counsel Exclusive -\"Investigations From Afar: Best Practices for Conducting Remote Investigations\"- November 11, 2020Ogletree Deakins Workplace Strategies Virtual Conference -\"Marijuana and Drug Testing-A COVID-19 and Non-COVID-19 Update for Employers\"- May 14, 2020Cooperative Credit Union Association Webinar -\"COVID-19 Planning for Return to Normal\"- May 13, 2020Corporate Labor and Employment Counsel Exclusive -\"Weed Out Disability Claims in Drug Testing\"- New Orleans - November 15, 2019Association of Corporate Counsel -\"Legalized Recreational Cannabis in Illinois: What In-House Counsel Should Know\"- Chicago - August 2019Parts Town -\"Channeling Sherlock Holmes: Deducing Best Practices for Conducting Workplace Investigations\"- Chicago - May 23, 2019ALI-CLE Webinar -\"Marijuana in the Workplace\"- May 22, 2019Cooperative Credit Union Association (CCUA)-\"Conducting Effective Workplace Investigations\"- Marlborough - October 4, 2018RMR Group Presentation -\"MA Equal Pay Act and the Quest for Pay Equity\"- June 28, 2018Sonesta Hotels -\"Handling Opioids and Marijuana in the Workplace\" June 26, 2018CBA/ABA/IPEBLA Global Pension and Employee Benefits Conference on \"Marijuana in the Workplace\"- June 14, 2018

Education

• Cornell University

  Bachelor of Science (BS), Labor and Industrial Relations

  1989

• University of California, College of the Law, San Francisco (formerly UC Hastings)

  Doctor of Law (JD)

  1992