On July 13, 2020, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in the Coronavirus Era 2020, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. With the standard disclaimer that their comments and opinions were their own and not the official comments of their respective agencies, each spoke about their agencies’ whistleblower program’s current progress, challenges, and priorities. READ MORE
Mike litigates "bet the farm"-style class and collective actions and provides cost-effective solutions to clients with the company's overall business model in mind.
Lawsuits can undermine business strategy. Mike understands this and approaches legal solutions with a sensitivity towards how litigation may impact the client's overall business goals. He applies a creative approach in advising clients in several industries, including tech, finance, and retail.
Currently, Mike is defending a tech giant in a major class action alleging disparate impact based on gender. His involvement includes addressing novel privilege issues, strategizing eDiscovery solutions, and positioning the client for opposition to class certification. Besides litigation experience, Mike also counsels clients regarding OFCCP investigations, wage and hour compliance, and cross border human resources issues. He is also a member of the firm's Whistleblower Task Force and Blockchain Working Group. In 2017, Mike was awarded Orrick's Community Responsibility Award for his involvement with several local service projects.
Mike graduated with honors from The Ohio State University College of Law, where he was also awarded the Public Service Fellow distinction, received several CALI Excellence for the Future Awards, and competed as a member of Ohio State's National Moot Court Team. He received his undergraduate degree from Westminster College, magna cum laude, where he now serves on the College's Alumni Council.
Posts by: Michael Disotell
As states begin to reopen and employees return to the workplace, employers are faced with trying to protect workers and prevent the spread of COVID-19 in the workplace. Many employers are looking to temperature testing as a potential safeguard. Like many emerging safety measures, though, there are several considerations to weigh before implementing temperature testing: READ MORE
Notwithstanding the current COVID-19 crisis, the Securities & Exchange Commission has continued to award numerous multi-million-dollar bounties under its Dodd-Frank whistleblower program.
Since January 21, 2020, when the CDC confirmed the first case of COVID-19 in the United States, the SEC has issued 12 whistleblower awards totaling approximately $64 million. Some of the highlights of these awards include: READ MORE
On April 17, 2020, the Department of Labor’s Deputy Assistant Secretary Joe Wheeler responded by letter to Senator Ron Wyden and other Democratic lawmakers who had raised concerns about the Coronavirus Aid, Relief, and Economic Security Act’s (CARES Act) Pandemic Unemployment Assistance (PUA) program. Notably, the letter clarifies several eligibility criteria, including that self-employed gig economy workers and workers who cannot work because they have coronavirus symptoms and are seeking a diagnosis may receive federal unemployment assistance under the PUA program. READ MORE
As the coronavirus, now officially named the “COVID-19 virus,” continues to spread across the world, employers are also looking to ensure a safe working environment for their employees. In addition to our previous perspectives for U.S. employers and EU employers, this updated overview provides employers in the rest of the Asia-Pacific (“APAC”) region with practical advice to develop their COVID-19 virus response strategy. Specifically, this overview covers the countries of: The People’s Republic of China, Hong Kong, Japan, Malaysia, Singapore, South Korea, Taiwan, Thailand, and Vietnam. READ MORE
Please note: Government guidance and regulation is changing rapidly, and so it is important for employers to always check on the applicable government site and with the Orrick team on the latest information. Employers may refer to information on Orrick’s COVID-19 Resource Center that provides country-specific links. READ MORE
If you’re like many this week you, your partner or roommates and your children of all ages may be working from home. Schools of all levels are closed and maybe have instituted distance learning. Day care centers are closed too. So are libraries, coffee shops, restaurants and other places remote workers go to think and work. Successful working is about more than just having good WiFi. So, what are the options if remote working is not working for your employees or they simply cannot do their job from home? READ MORE
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a “factor other than sex” within the meaning of the statute. By doing so, the Ninth Circuit reaches the same result as the previous opinion penned by the late Judge Stephen Reinhardt before his passing in 2018, including overruling Kouba v. Allstate, a prior Ninth Circuit opinion that held that prior pay could justify pay differentials in combination with other factors, and if relied upon reasonably and to effectuate a business policy. The majority opinion further holds that as a matter of statutory interpretation, a “factor other than sex” within the meaning of the EPA must be “job related,” yet it also makes clear that the EPA does not prohibit employers from considering prior pay in making starting pay offers (and in this regard differentiates the opinion from California’s salary history ban). Two separate concurring opinions agree with the result, but they criticize the majority opinion for giving too narrow a reading of the EPA’s fourth “catch all” defense and for embracing a view of prior pay that puts the Ninth Circuit at odds with other circuits and guidance from the U.S. Equal Employment Opportunity Commission (EEOC). READ MORE
While world governments scramble to contain the spread of the coronavirus, businesses are fielding questions from employees who are concerned for their safety and protection in the workplace. As you develop your coronavirus response strategy, be mindful of employee privacy, anti-discrimination, and other employment law considerations. Ultimately, any actions employers take should be proportionate to the risks presented. Here are a few of the most common questions employers should ask and some practical tips. READ MORE