Michael W. Fox - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Michael W. Fox

Listed in Best Lawyers since 1999
Phone: 512-344-4711

Mr. Fox has represented employers for more than thirty-five years. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers.  He has a Yellow Belt certification from Legal Lean Sigma.  He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly “Super Lawyer” in employment litigation and as one of America’s Leading Lawyers for Business by Chambers USA, where he was characterized by clients as a “great trial lawyer” with a “knack of identifying the points in the case to focus on.”  Mr. Fox defends employers in employment law litigation including successfully defending the first male on male sexual harassment case tried to a jury in Texas.  He has had jury trials in the four largest cities in Texas as well as other parts of the state including Amarillo, Texarkana and El Paso.In addition to jury trials, he has represented employers in more than 25 arbitration hearings on non-labor matters including race, sex and national origin discrimination, wage and hour claims, breach of contract and enforcement of covenants not to compete.Mr. Fox also has extensive experience representing employers in collective actions under the FLSA. In 2008, he was successful in decertifying a class of more than 1,000 opt-ins and then obtaining a favorable jury verdict in the claims of the named plaintiffs.In November, 2009 Mr. Fox was called as an expert witness to testify before the Senate Judiciary Committee based on his extensive experience with jury trials and arbitration. His written testimony provided a strong defense of arbitration of employment claims as well as support for the Supreme Court's "common sense" limitation of the mixed motive instruction in jury trials under the ADEA.In July, 2002, Mr. Fox started the first employment law related web log, Jottings By An Employer's Lawyer, now affiliated with law.com Mr. Fox is also the Editor of HR Specialist, Texas Employment Law, a National Institute of Business Management publication and regularly contributes content to BusinessManagementDaily.com.

Stephen F. Austin State UniversityBA 1972University of TexasJ.D. 1975
Order of the Coif College of Labor and Employment LawyersManagement Labor & Employment RoundtableSociety for Human Resource ManagementAmerican Bar Association Texas State Bar Association

Case History

Other Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth and Ninth Circuit
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas
Experience — In his more than thirty-five years of practice Michael W. Fox has defended employers in hundreds of lawsuits and administrative claims against allegations ranging from sexual harassment, discrimination or retaliation, to enforcement of non-compete agreements to collective actions under the wage and hour laws. Representative matters that Mr. Fox has handled include:

A collective action involving off the clock claims by over 1,100 opt-ins for a convenience store chain.  Following post-certification discovery, the trial court de-certified the class. A jury trial was held on the original two plaintiffs’ claims and a defense verdict was obtained.

Obtaining summary judgment in a sexual harassment, FMLA and retaliation case brought against a hospital and its four top officials by showing that the plaintiff and the hospital’s former human resource director had worked together to create the claims.

Obtaining summary judgment in two separate discrimination cases brought by prison wardens and sustaining the summary judgments on appeal to the Fifth Circuit Court of Appeals.

Obtained vacation of an arbitrator’s award of vacation pay of approximately $500,000 because the arbitrator exceeded his authority.

While many of the cases Mr. Fox has handled have been resolved by legal rulings or settlement, Mr. Fox has extensive experience as a trial lawyer, serving as an employer advocate in jury trials, arbitration hearings, bench trials and oral arguments before both federal and state courts of appeal.  

Office Location

301 Congress Avenue, Suite 1150
Austin, TX 78701
United States

Lawyer of the Year Awards

2014 Lawyer of the Year in Litigation - Labor and Employment of the Austin Metro Area2012 Lawyer of the Year in Employment Law - Management of the Austin Metro Area
Michael W. Fox has earned a Lawyer of the Year award for 2014!Michael W. Fox has earned a Lawyer of the Year award for 2012!

Practice Areas

Employment Law - Management
Litigation - Labor and Employment