Micala Bernardo

Partner

Micala is a go-to attorney for companies in all industries facing high-stakes employment litigation. Micala represents employers in a wide variety of employment litigation matters, including cases involving breach of contract and fiduciary duty claims, claims of discrimination, harassment, retaliation, and wrongful discharge, claims related to misclassification of employees and failure to pay for time worked, and claims for misappropriation of trade secrets, defamation, tortious interference and unfair competition.

Micala also represents high-level employees and executives in connection with claims relating to breach of non-competition agreements, breach of fiduciary duty, and misappropriation of trade secrets. Micala has extensive experience representing employers and high-level employees offensively and defensively with respect to employee mobility claims, and she has achieved success both prosecuting and defending actions for emergency injunctive relief in various courts across the country in connection with those cases.

Micala has represented employers in state and federal courts in multiple states and before several administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, the Office of Federal Contract Compliance Programs and the Texas Workforce Commission. Micala has also represented employers in connection with arbitrations before the American Arbitration Association, JAMS, and the FINRA.

Micala also conducts workplace investigations, including into claims of discrimination, harassment, retaliation, and other workplace misconduct.

Drawing from nearly two decades of experience, Micala also proactively works with clients in efforts to improve workplace policies and avoid litigation. Micala also advises clients on compliance with a wide range of labor and employment related statutes and regulations, including but not limited to: WARN, the FMLA, the FLSA, Title VII, the ADA, the ADEA, OSHA and the OWBPA.

Micala regularly counsels employers regarding hiring and termination decisions, employment policies and employee investigations and obligations in connection with reductions-in-force. Micala also prepares and negotiates separation and release agreements, employment contracts and independent contractor and consulting agreements, and non-competition and confidentiality agreements. Micala also counsels clients regarding labor and employment obligations and representations in connection with mergers and acquisitions.

Locations

Dallas

2200 Ross Ave. | Ste. 4200W
Dallas, TX 75201

Fort Worth

301 Commerce St. | Ste. 2200
Fort Worth, TX 76102

Representative Experience
  • Represented entertainment company in connection with ownership dispute with former vendor. This case involved multiple claims and counterclaims, including claims for breach of contract, fraud, quantum meruit, and misappropriation of trade secrets.  We ultimately achieved a favorable resolution for the client in advance of trial.
  • Represented tech company in connection with arbitration claim brought by former high-level sales employee seeking more than 6 million dollars in damages for alleged age discrimination claim, resulting in arbitration award that was significantly less than damages sought.
  • Represented private equity company in connection with several single-plaintiff arbitration matters with former employees, achieving favorable settlements for client in advance of arbitration hearings.
  • Represented private equity company and national hotel chain in connection with collective action, gender discrimination, and pay equity claims raised by former employee.  Court denied class certification and granted motion for summary judgment in its entirety prior to client’s substitution of different counsel.
  • Represented specialty pharmacy in defense of declaratory judgment action brought by former employee relating to non-compete agreement.  We asserted counterclaims on behalf of the company and achieved an extremely favorable resolution for client, including an agreed judgment providing for employee’s repayment of thousands of dollars stolen from company in falsified expense reimbursements.
  • Represented hotel chain in age discrimination dispute brought by former employee in which employee sought in excess of $2 million and achieved a complete defense victory after a three-day federal court jury trial.
  • Assisted global media company with multi-jurisdictional investigation of alleged inappropriate conduct by senior member of company’s global legal team.
  • Represented sports lighting company in action against competitor and former sales employee relating to breach of contract and misappropriation of trade secrets.  Achieved favorable settlement for client, including agreed injunctive relief, after obtaining expedited discovery in advance of preliminary injunction hearing.
  • Represented digital media company in connection with suit brought by former executive employee, including obtaining a TRO in a state court proceeding and then obtaining preliminary injunctive relief and sanctions in a complementary arbitration proceeding, which resulted in a favorable settlement for our client, in which the former employee recovered no damages and agreed to pay significant arbitration fees and vendor fees associated with spoliation.
  • Represented pet company in connection with lawsuit in which former pet boarding facility owner alleged fraud, breach of contract, and age discrimination in connection with company’s acquisition of boarding facility and termination of his employment.  The court granted our motion for summary judgment and dismissed all claims.
  • Defended retail company in connection with claims brought by competitor relating to employment of individual with non-competition agreement, achieving dismissal of suit in exchange for nominal payment.
  • Represented national defense contractor in connection with claims against former high-level sales employees and competitor relating to employees’ coordinated resignation and usurpation of business, achieving favorable resolution for client after full-day temporary injunction hearing.
  • Represented national specialty pharmacy in suit against competitor and several former employees relating to employees’ coordinated departure for competing company.  Achieved extremely favorable settlement for client in advance of preliminary injunction hearing.
  • Represented Texas-based national employer with respect to numerous collective action claims, including claims alleging misclassification and off-the-clock work.
  • Represented Texas-based specialty pharmacy in connection with claims of breach of contract and misappropriation of trade secrets against ex-employee who started a competing pharmacy, including obtaining a temporary restraining order and favorable settlement for pharmacy in advance of temporary injunction hearing.
Credentials

Admissions

  • State of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas

Education  

  • Georgetown University Law Center
    • Juris Doctor, Law
    • 2004 – 2007
    • Activities and societies: Georgetown Journal of Law and Public Policy; Dean’s Scholar Activities and societies: Georgetown Journal of Law and Public Policy; Dean’s Scholar
  • Texas A&M University
    • Bachelor of Science, Journalism and Economics
    • 2000 – 2004
    • Activities and societies: Phi Beta Kappa, Alpha Chi Omega, Copy Chief, Copy Editor, Reporter–The Battalion

Bylines

  • US Department of Labor Issues New Joint Employer Guidance (January 27, 2016)
  • Pay Transparency Final Rule Prohibits Covered Federal Contractors/Subcontractors From Discriminating Against Applicants and Employees Based on Compensation Discussions OutSolve Effective Affirmative Action Blog (January 19, 2016)
  • New Texas Open Carry Law Has Significant Implications for Employers (October 15, 2015)
  • DOL to Focus on Energy, Construction and Hospitality Industries in 2015 (February 17, 2015)

Seminars  

  • Legal Considerations: Social Media in the Workplace CLE (2015)
News & Insights
Honors & Awards
  • Recognized as a Texas Rising Star, Super Lawyers by Thomson Reuters (published in Texas Monthly) (2016-2017)