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Desktop Image: O'brien, Michael
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Michael O'Brien

He/Him

Partner

T 907.257.5342 Anchorage
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Mike O'Brien is the go-to attorney for clients faced with urgent labor and employment issues. His reputation is built on being responsive to his clients' needs while helping them creatively navigate their thorniest problems.

Mike has extensive experience in matters related to collective bargaining (blue-collar and white-collar), union organizing, labor arbitrations, unfair labor practice charges, and general labor-management relations. He also leads internal workplace investigations, counsels on crisis management, and trains on discrimination avoidance and other HR matters. Mike's clients range from the largest Fortune 50 companies to utilities, Alaska Native Corporations, and regional and local businesses.

If litigation becomes inevitable, Mike is as comfortable in the courtroom as he is in the boardroom. He has been fiercely litigating on behalf of clients for over two decades, with more than 60 jury trials and frequent appearances before the NLRB, the EEOC, ASCHR, the U.S. Department of Education, and other federal and state administrative agencies.

Mike exemplifies DWT's commitment to pro bono legal assistance, with a long track record of representing domestic violence victims, especially those whose citizenship, sexual orientation, or income make them particularly prone to exploitation or abuse.

Practice Highlights

Cutting-edge labor advising

While Mike routinely advises clients of all sizes on traditional union issues like unionization campaigns, strikes, and collective bargaining, he is also a leader on the labor implications of automation, the gig economy, and the use of artificial intelligence in hiring.

Higher ed expertise

As a former in-house counsel to a large university system, Mike has extensive knowledge of education-specific issues such as Title IX, FERPA, and NCAA regulations, as well as Higher Ed employment challenges related to student discipline and faculty tenure.

Utilities

Mike has become well versed in the electric utility industry, providing frequent advice related to employment law issues – ADA, FMLA, discrimination – as well as offering solutions to complex labor relations problems.

Private industry unionization defense*

Represented a corporation in an attempt by a union to unionize staff at six assisted-living homes. Prevented elections at three homes and guided the client to prevail in elections at two others. Bargained a business-positive contract at the remaining facility.

Private industry unionization defense*

Represented a large industrial corporation against a well-organized and well-funded unionization effort. Successfully prevented certification of a bargaining unit and election.

 

Discrimination claim defense*

Represented a university against a discrimination claim raised by a faculty member discharged for sexual harassment. Client prevailed and case was dismissed at administrative level.

Discrimination claim*

Represented a university against an age and gender discrimination claim raised by an employee in federal court. Case dismissed through summary judgment.

Collective bargaining*

Extensive experience bargaining contracts for all sizes of employee bargaining units, including issues around decertification, impasse, and economic strikes.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • Alaska, 2003

Education

  • J.D., Vermont Law School, 2002, cum laude
  • M.A., Environmental Law, Vermont Law School, 2002, cum laude
  • M.A., Classics, St. John's College, 1998
  • B.A., English, University of Montana, 1996

Memberships & Affiliations

    • Alaska Bar Association, Employment Law Section, 2011-present
    • Federal Bar Association, Alaska Chapter: President, 2021-2023; Executive Committee, 2020-2023
    • Fairbanks Northstar Borough School Board: Vice President, 2016-2017; Elected Member, 2014 -2017
    • Nordic Ski Club of Fairbanks: President, 2009-2011; Board Member, 2008-2012; Coach, 2010-present
    • Eagle Scout

Professional Recognition

    • Named as one of "America's Leading Lawyers for Business" by Chambers USA in Labor & Employment (Alaska), 2023-2024
    • Listed in The Best Lawyers in America: Employment Law – Management; Litigation – Labor and Employment Law, 2021-2023
    • Professionalism Award, Alaska Bar Association, 2023
    • Brian Timbers Pro Bono Award, Alaska Bar Association, 2014

Background

    • Partner, Perkins Coie LLP, Anchorage/Fairbanks, Alaska, 2019-2023
    • Director, Office of Public Advocacy, Fairbanks, Alaska, 2019
    • Associate General Counsel, University of Alaska, Fairbanks, Alaska, 2008-2019
    • Assistant Public Defender, State of Alaska, 2003-2008
    • Judicial Law Clerk, Hon. Charles Pengilly, Superior Court of Alaska, 2002-2003
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