Michael C. Hallerud
Partner

Practice Areas

Experience

Michael Hallerud has 37 years of experience in all aspects of labor and employment law. He has led scores of trials and appeals of discrimination, wrongful termination, ERISA, MPPAA, whistleblower retaliation, Sarbanes-Oxley, workplace safety, and other employment controversies throughout the United States. He also conducts civil and criminal internal investigations and handles state and federal administrative and regulatory proceedings for clients. Michael’s traditional labor practice includes representation disputes, strikes, union contract negotiations, and labor arbitrations.

Michael is a Fellow of the College of Labor and Employment Lawyers, a member of the San Francisco Lawyers’ Committee for Civil Rights, and was also a member of the advisory board of the National Employment Law Institute for 12 years. He is the former chief labor counsel and assistant general counsel of The Boeing Company and the former chair of the Labor Department of Pettit & Martin.

Michael has been continuously recognized through peer-review surveys as a Northern California “Super Lawyer.”™ He is a selectee for the “Best Lawyers in America”™ and maintains an “AV” rating from Martindale-Hubbell Co., the highest possible rating for ethics and legal ability. Michael is a member of NP Trial, a multidisciplinary team of Nixon Peabody’s most senior and experienced trial lawyers.

Representative Matters

• Taylor v. Lockheed Martin Corporation, Case No. SM103668 (Santa Barbara Supr. Ct. 2005) (whistleblower retaliation—directed verdict for employer)
• Rachford v. Emery Worldwide Airlines, Inc., 2006 U.S. Dist. LEXIS 44070 (N.D. Cal. 2006), aff’d No. 06-16938 (9th Cir. 2008) (contract, tort, unfair competition, and Railway Labor Act)
• Hendrickson v. Emery Worldwide Airlines, Inc., No. AO 109851 (Cal. App. 2005) (affirming summary judgment for client in whistleblower retaliation action)
• EEOC v. The Boeing Company, 109 F.R.D. 6 (W.D. Wash. 1985) (joinder ruling), 40 FEP Cases 292 (W.D. Wash. 1986) (summary judgment), rev’d, 843 F.2d 1213 (9th Cir. 1988) (test pilot “age 60” litigation—settled with age cap)
• Budreck v. Crocker National Bank; Levine v. Crocker National Bank (race and sex discrimination class actions—settled with historic claims procedure)
• Howat v. GTE Gov’t Systems Corp., No. 730448 (San Mateo Supr. Ct.) (age discrimination—defense verdict)
• Wagoner v. GTE Gov’t Systems Corp., No. C92-20740 RMW (N.D. Cal. 1992) (summary judgment for client in age discrimination action adapting “government contractor” defense to employment discrimination)
• Macheel v. GTE Government Systems Corp., No. C96-20231JW. (summary judgment on ERISA, ADEA, Rehabilitation Act claims; FRCP 12(b)(6) dismissals of FEHA and Labor Code claims; FRCP 50(a) judgment on covenant of good faith/fair dealing claims; defense verdict on ADA claims; FRCP 50(b) judgment on contract claims)
• Warman Int’l Ltd. v. RM-Holz, Inc., No. C91-3937 JPV (settlement after dispositive preliminary injunction on trade secrets misappropriation claims)
• Warman Int’l Ltd. v. Bradken Consol., et al., No. 95-C-0375 (E.D. Wis. 1996) (judgment for client in trade secrets misappropriation action; permanent injunction)
• Warman Int’l v. GIW Indus., Inc., No. 98-42 (D. Minn. 1999) (judgment and permanent injunction for client in action for patent infringement)
• Taliaferro v. Children’s Hospital Oakland (Alameda Supr. Ct. 1989) (defense verdict in whistleblower retaliation action)
• Fisher v. Children’s Hospital Oakland (Alameda Supr. Ct. 1989) (JNOV in whistleblower retaliation action; appeal dismissed 1991)
• Kollehner v. American Restaurant Group, Inc., No. C93-02779 (Contra Costa Supr. Ct. 1994) (defeated 6 of 7 sexual harassment claims, no economic or punitive damages; nominal damages in 7th cause of action, no equitable relief) (bench trial)
• Blair v. Shanahan, 775 F. Supp. 1315 (N.D. Cal. 1991) (Blair I); 795 F. Supp. 309 (N.D. Cal. 1992 (Blair II), 38 F.3d 1514 (9th Cir. 1994), aff’g, Blair I & II; cert. denied, 63 U.S.L.W. 3748 (Apr. 18, 1995) (landmark 1st Amendment “panhandling” case)
• O’Connell v. CAE - Link Corp., No. C92-2022 EAI (N.D. Cal. 1993) (age discrimination—defense verdict; defense judgment on appeal on contract claim)
• Armed Forces Communications, Inc. v. Cass Communications, Inc., No. CV-92-07350 SVW (C.D. Cal. 1994), aff’d, 60 F.3d 832 (9 th Cir. 1995) (judgment for client on trade secret misappropriation, antitrust, unfair competition claims)
• West v. Bechtel Corp., 96 Cal. 4 th 966 (2002) (judgment for client directed on appeal on age discrimination and contract claims)
• Guz v. Bechtel Nat’l Corp., 24 Cal. 4th 317 (2004) (landmark employment at will decision for client)
• United States v.The Boeing Co., 653 F. Supp. 1381 (E.D. Va. 1987), rev’d 845 F.2dd 476 (4th Cir. 1988), rev’d sub nom. Crandon v. United States, 494 U.S. 152 (1990) (judgment for client in tort action alleging unlawful supplementation of government salaries)
• Hooton v. Consolidated Freightways, Inc., No. 92-0594 (Utah A.D.D. 1995) (judgment on opening statement for client in age discrimination action)
• Stone v. Markowitz, No. 971571 (S.F. Supr. Ct. 1996) (defense verdict in sexual harassment action against client)
• Paulsen v. CNF Inc., 2009 U.S. App. LEXIS 5852 (9 th Cir. 2009), cert. denied, 558 U.S. ___ (2010) (dismissal of ERISA class action against client)

Admissions

United States Supreme Court; United States courts of appeals for the Fourth, Seventh, and Ninth circuits; United States District Courts: California (all), Illinois (Northern Dist.; trial bar); Washington (all); Ohio (all); Wisconsin (Eastern Dist.); New York (Northern District); States: California, Illinois, Ohio, and Washington

Education

The University of Iowa College of Law, J.D., magna cum laude (Order of the Coif; Notes and Comments Editor, Iowa Law Review 1972-73)
The University of Iowa, B.A., cum laude (Phi Beta Kappa)

Affiliations

The State Bar of California, Labor and Litigation sections; Bar Association of San Francisco; Illinois State Bar Association; Chicago Bar Association; Washington State Bar Association; American Bar Association, Labor and Litigation sections; Member, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; Advisory Board, National Employment Law Institute (1994-2007)

Honors

Fellow, College of Labor and Employment Lawyers