Michael A. McCabe is a Shareholder at Munck Carter, and is a member of the Firm's Labor and Employment Section. He has been Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law since 2004 and has twice been recognized as a Texas Super Lawyer Rising Star by Texas Monthly Magazine.

Mr. McCabe concentrates his practice on the defense of businesses in complex business and employment litigation maters. He frequently prosecutes and defends claims alleging breach of non-competition agreements, confidentially agreements, non-solicitation agreements and fiduciary duty. As part of his practice, Mr. McCabe also represents employers in all aspects of discrimination, wrongful termination, tort, contract, defamation and class action lawsuits.

Mr. McCabe also has successfully defended a number of large companies in Fair Labor Standards Act (FLSA) collective action lawsuits and Department of Labor Investigations alleging failure to pay overtime wages to hundreds of employees.

Mr. McCabe frequently negotiates and prepares executive employment agreements and covenants not to compete for employers. He also counsels clients on labor and employment issues inherent to mergers and acquisitions. On a daily basis, he advises the film's clients on employment practices with an eye toward deterring or preventing employment related disputes, litigation and unionization. He also conducts strategy sessions and communication planning relating to workplace change (i.e. layoffs, shutdowns, reorganizations, changes in benefits and policies, etc.).

Mr. McCabe is a frequent speaker on labor and employment topics, having lectured at numerous continuing legal education seminars, meetings of organizations, and management training courses. Mr. McCabe also has authored publications on various employment-related topics appearing in nationally recognized legal publications, including those published by the American Health Lawyers Association and the American Bar Association, and is a frequent commentator on legal issues inherent to electronic discovery and document retention.

Upon graduation from law school, Mr. McCabe clerked for Federal District Judge H. McBryde in Fort Worth, Texas. Immediately prior to joining Munck Carter, Mr. McCabe worked for six years in the Labor and Employment practice group of Haynes and Boone, LLP. in Dallas, Texas.

Representative Experience

• Successfully defended Fortune 500 nationwide retailer in collective action lawsuit under the FLSA by defeating the plaintiff's request for class certification on behalf of hundreds of employees.
• On-going defense of nationwide freight shipping company in multi-plaintiff lawsuit for alleged discrimination, harassment, retaliation and defamation.
• Successfully defended worldwide manufacturer in investigation by the Department of Labor alleging failure to pay overtime wages and shift differentials to hundreds of employees.
• Successful defended federal contractors in investigations by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP).
• Successfully obtained complete dismissal of all claims against brokerage firm and broker in NASD arbitration involving claims for breach of confidentially agreements, misappropriation of trade secrets and breach of fiduciary duty.
• Successfully obtained or defended injunctions and litigated numerous cases involving misappropriation of trade secrets, covenants not to compete, unfair competition, and related torts.
• Successfully defended numerous companies in cases alleging discrimination for race, sex, age, disability, and retaliation under state and federal law.
• Obtained favorable rulings from the Fifth Circuit Court of Appeals and Dallas Court of Appeals upholding summary judgments in favor of clients.