Mary Ellen Simonson

Mary Ellen Simonson

Partner
msimonson@lrrc.com vCard
602.262.5317 office
602.403.1327 mobile
602.734.3868 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

Mary Ellen Simonson has 28 years of experience in representing management in both the public and private sector in all aspects of employment  relations.  Her practice ranges from  advising employers on litigation avoidance strategies and day-to-day issues in the workplace, to advocacy in federal and state courts, administrative agencies, and before the EEOC, DOL, OFCCP, NLRB, public entities, and arbitrators.   Mary Ellen routinely handles a wide variety of counseling and litigation matters, including employee discipline and terminations; in defending/enforcing confidentiality, non-solicitation and non-competition agreements; trade secret disputes; workforce reductions; Title VII discrimination, retaliation and sexual harassment issues;  ADA, ADEA, FMLA, WARN Act, and FLSA issues; conducting internal investigations; executive employment agreements; severance agreements; wrongful termination issues; and  advice to employers on compliance with federal, state and local employment laws.  She represents clients across the United States, including serving as outside general employment counsel for a multi-million dollar company, and represents a variety of industries including manufacturing, equipment rental, financial, mortgage, health care, and the arts. 

Mary Ellen has successfully briefed and argued appeals before the Ninth Circuit and Arizona Court of Appeals, and successfully briefed and argued before the Arizona Supreme Court an issue of statewide importance to all public employers. She also has substantial experience in commercial litigation and school law, including representation of Arizona’s largest secondary schools and one of the nation’s largest community college districts.  Mary Ellen routinely takes a proactive approach to counseling employers about ways to avoid costly litigation, manage employee performance, and make practical, sound human resources decisions to help avoid or minimize wrongful termination, discrimination, disability and other avoidable claims.

Representative Matters

  • Won summary judgment in U.S. District Court on all claims by former female employee alleging retaliation, gender and disability discrimination.  (2016)
  • Negotiated nominal settlement for nationwide employer after filing strong motion for summary judgment on claim by former employee alleging termination in retaliation for seeking workers’ compensation.  (2016)
  • Successful appeal on issue of statewide importance that clarified public records law for all public entities in Arizona, supported by multiple respected amici, including the State of Arizona; lead counsel in underlying state court trial.  (2015)
  • Negotiated favorable resolution with National Labor Relations Board on behalf of employer where former employee claimed retaliatory termination for alleged whistleblower activity. (2015)
  • Led team in drafting customized confidentiality, non-solicitation and non-competition agreements for nationwide employer involving  forty-one state agreements for multiple levels of executive, director and sales staff positions.  (2014)
  • Led strategy and defense of large multi-state employer’s decision to terminate employee after workplace accident and testing positive for marijuana who also had a medical marijuana card, which was among first such actions under relatively new Arizona Medical Marijuana Act.  (2014)
  • Prevailed on special action appeal for one of Arizona’s largest school districts in which Arizona Court of Appeals reversed trial court and upheld Governing Board decision to terminate teacher who failed to properly supervise swim program  where student drowned; led underlying administrative hearing and state court proceedings.  (2014)
  • Led complex investigation for global  public company involving allegations of misrepresentations and retaliation.  (2014)
  • Lead counsel on more than 500 employment litigation and counseling matters nationwide for public company, over course of more than 15 years as the company’s outside employment general counsel, including defense of federal and state court lawsuits involving Title VII, ADEA, ADA, FMLA, and administrative matters such as EEOC charges and DOL matters.
  • Lead trial and appellate counsel for national hotel chain in obtaining summary judgment in state court on eight of ten claims, and later directed verdict at trial on remaining two claims in a $2 million dispute in which plaintiff (former employee) claimed employer (national hotel chain) was vicariously liable for off-premises conduct of former supervisor.
  • Lead trial and appellate counsel in the first case in the nation to uphold the constitutionality of a mandatory school uniform policy in a public school: Phoenix Elementary School District No. 1 v. Green, 180 Ariz. 476, 943 P.2d 836 (1997).
  • Lead trial and appellate counsel in case that clarified Arizona’s “notice of claim” statute in Arizona Supreme Court opinion successfully upholding client’s statutory interpretation: Deer Valley Unified School District No. 97 v. McDonald, 214 Ariz. 293, 152 P.3d 490 (2007).
  • Lead counsel for multiple federal and state court proceedings to seek or defend Temporary Restraining Orders and Preliminary Injunctions involving restrictive covenants.
  • Lead counsel in multiple administrative proceedings involving successful termination of public employees.
  • Settled for nuisance amount a $1 million lawsuit against Fortune 500 employer after limited depositions, persuasive settlement conference memorandum, and strategic participation in federal court settlement conference.
  • Obtained dismissal with prejudice in U.S. District Court of an $8 million commercial dispute against a major health care entity, following successful motions to dismiss and for summary judgment.
  • Successfully defended a Fortune 500 company on summary judgment motions in U.S. District Court involving breach of contract/warranties, affirmed on appeal to Ninth Circuit.
  • Successfully defended a major lending institution in a complex lender liability case which settled for a minor nuisance amount immediately after deposed plaintiff.

Mary Ellen Simonson is ranked in:

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Distinctions

  • Chambers USA - Labor Employment, 2013-2016
  • The Best Lawyers in America, 2014-2017
  • Southwest Super Lawyers, 2015-2016
  • Arizona’s Finest Lawyers
  • AZ Business Magazine - Arizona’s Top Lawyers
  • Who’s Who Legal Services - The International Who’s Who of Management Labour and Employment Lawyers - Listed, 2015-2016
  • Martindale-Hubbell - "AV/Preeminent Attorney" Rating (25 years)
  • Honoree in the Arizona State Bar - “100 Women and Minority Lawyers”, 2000
  • Athena Award - “Businesswoman of the Year” - Greater Phoenix Chamber of Commerce, 2005

Presentations

  • Co-Presenter, “Arizona Update & Multi-Jurisdictional Issues Involving Restrictive Covenants,” Association of Corporate Counsel.  (2016)
  • Moderator, “What’s Keeping You Up at Night?” Employment Law Alliance panel of General Counsel and other in-house counsel from global companies.  (2016)
  • Co-Presenter, “Identifying & Addressing Hostile Work Environment & Discrimination Complaints,” and “The Five W’s (and H) of Employee Performance Management,” training for staff of non-profit employer.  (2016)
  • Co-Presenter, "Background Checks and the Fair Credit Reporting Act: Key Issues for North America Employers," Employment Law Alliance webinar.  (2015)
  • Co-Presenter, “Avoiding the Weeds in Complying with Arizona’s Medical Marijuana Act,” Society of Human Resources Managers (SHRM).  (2014)
  • Co-Presenter, “Responding to EEOC Charges – Position Statements 101,” Association of Corporate Counsel.  (2012)
  • Co-Presenter, "Responding to the EEOC," and “Established and Emerging Trends in Employment Litigation,,“ Arizona State University Sandra Day O’Connor College of Law.  (2012)
  • Moderator,  “Changes To the ADA And FMLA: What In-House Counsel And Human Resources Professionals Need To Know,” Employment Law Alliance webinar for 1,200 Human Resources professionals nationwide.  (2009)
  • Co- Presenter,  “How the Supreme Court’s Latest Decisions Will Affect the Workplace,” Conference for the Appellate Judges Education Institute.  (2008)
  • Presenter,  “Notice of Claims Update,” Arizona School Personnel Administrators Association (ASPAA) Spring Conference.  (2008)
  • Panelist, Ninth Circuit Judicial Conference panel on federal issues.
  • Panelist, Arizona District Judicial Conference on federal rules and procedures.
  • Presentation to Society of Human Resource Managers (SHRM) on employment law updates.
  • Presenter, “Superintendent Compensation: ASBA’s Survey of Non-Base Salary Benefits and Legal Considerations Involved,” Arizona School Boards Association,  (2006)
  • Multiple in-house trainings, such as sexual harassment, discrimination, reductions in force and alternative decisions, and notices of claims.
  • Author, “School Uniforms: A Blueprint for Legal Challenges”, Inquiry & Analysis, bimonthly publication of the National School Board Association Council of School Attorneys.  (1998)

Education

J.D., Arizona State University - Sandra Day O'Connor College of Law, 1983
B.A., Arizona State University, 1971

Bar Admissions

Arizona, 1983

Court Admissions

Arizona Court of Appeals
U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court

Clerkships

U.S. District Court for the District of Arizona

Memberships & Affiliations

  • Employment Law Alliance, Board of Directors, the world’s largest network of labor and employment lawyers, rated in Chambers USA
  • American Bar Association Labor and Employment Law Section, Member
  • Arizona Women's Education and Employment (AWEE), Board of Directors
  • A New Leaf, Board of Directors
  • Ninth Circuit Judicial Conference and Executive Committee, Former Chair
  • First Phoenix Commission on Excellence in Education, Appointed by the Mayor of Phoenix to Co-Chair, Along with Co-Chair O. Mark DeMichele, former President and Chief Executive Officer of Arizona Public Service Company
  • Herberger Theater and Social Venture Partners, formerly served on Boards of Directors
  • Governors Inaugural Committee, former Member
  • Arizona Centennial Commission, former General Counsel
  • Fellows of American Bar Foundation, Member
  • Arizona Women Lawyers Association, Member
  • Maricopa County Bar Association, Member
  • Federal Bar Association, Member