D. Michael Henthorne focuses his practice on representing clients in employment litigation. He has significant trial experience and has successfully appeared before both the South Carolina Court of Appeals and the South Carolina Supreme Court. He also appears regularly in federal and state courts in South Carolina and before various regulatory and administrative tribunals, such as:
- The Equal Employment Opportunity Commission
- The Department of Labor
- The South Carolina Human Affairs Commission
- The South Carolina Department of Labor, Licensing and Regulation
- The South Carolina Department of Employment and Workforce
A specialist in employment and labor law as certified by the South Carolina Supreme Court, Michael has litigated matters involving:
- Title VII
- The Americans with Disabilities Act
- The Family and Medical Leave Act
- The Fair Labor Standards Act
- The Age Discrimination in Employment Act
- Wage and hour disputes
- Employment contracts
- Employment torts
- Covenants not to compete, trade secrets and unfair competition matters
Notably, he served as lead trial counsel in an intellectual property dispute involving a Fortune 50 retailer; in the defense of a $500,000 predatory lending claim that resulted in a jury verdict for a national mortgage lender; and in the settlement of a seven-figure negligence claim for a South Carolina healthcare provider prior to trial. He routinely works with in-house corporate counsel and insurers to resolve employment litigation and appellate matters.
Additionally, Michael was previously admitted pro hac vice in Clark County Nevada where he settled an employment dispute on behalf of a national sporting goods distributor, and in the Western District of Tennessee where he resolved a whistleblower action for a leading aluminum rolled products company.
Certified as both a civil mediator and an arbitrator by the South Carolina Supreme Court, Michael also has previously held the Professional in Human Resources designation from the Human Resources Certification Institute in conjunction with the Society for Human Resources Management. He has been a featured speaker at seminars and corporate training events and makes presentations for numerous professional organizations. He also has taught employment and labor law as an adjunct faculty member at Anderson University in Anderson, South Carolina.
Michael often works with governmental entities and clients that span the following industries:
- Business
- Healthcare
- Manufacturing
- Retail
Prior to joining Littler Mendelson, Michael served as special counsel with a South Carolina law firm where his practice focused on civil litigation and employment law.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, South Carolina Bar Association
- Member, Defense Research Institute
- Member, Labor and Employment / Litigation sections - American Bar Association
- Member, Society for Human Resource Management
- Member, Midlands Society for Human Resource Management
- Member, Committee of 100, Central SC Alliance
- Former member, Board of Directors - WORKLINK
- Former member, Board of Directors - New Foundations Children and Family Services
- Former member, Board of Directors - Partners for a Healthy Community
BOOKS & BOOK CHAPTERS
- Experts in Employment Litigation, Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial, American Bar Association, 2010
PRESS
- January 4, 2012
ADDITIONAL PUBLICATIONS & PRESS
- May 2011Confronting Workplace Violence: A Priority for Employers
Co-author: Margaret Hart EdwardsFor the Defense, Defense Research Institute - March 2010Pleading Plausibility: Applying Twombly and Iqbal to Employment LitigationFor the Defense, Defense Research Institute
ADDITIONAL PRESENTATIONS
- May 6, 2011Carolinas Healthcare Exchange, Spring Symposium
- October 20, 2009Employment Discrimination Law: Avoiding Class and Collective Actions
National Business Institute - February 27, 2009Ethics in the E-Discovery Age
The Charleston School of Law - October 28, 2008A Primer on E-Discovery for Human Resource Professionals, Employee Discharge and Documentation
Lorman Education Services - October 2, 2008Beyond the Basics – Balancing Employee Privacy Rights vs. Employer’s Right to Know, Advanced Employment Law: Working Through Common Problems
National Business Institute - 2009-2011South Carolina Healthcare Human Resources Association Annual Meeting