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Michael W. Johnston

Mike Johnston was interviewed for American Airline's Forbes Business & Technology Channel for the show titled “WORLD BUSINESS MONITOR: Focus on the Executive Employer; Best Practice & Leadership in Labor and Employment.”

To listen to Mike Johnston's interview on the recent explosion of litigation under the Fair Labor Standards Act and the dangers such litigation poses to employers who do not stay on top of their payroll practices, click on the Labor and Unemployment icon on the Professional Recruiter's Web site.

Mr. Johnston joined King & Spalding’s Atlanta office in 1989 as a member of the Labor, ERISA and Employment Law Practice Groups. Since that time, he led the defense of numerous employment-related lawsuits throughout the United States. Mr. Johnston is currently the Labor & Employment Practice Group Leader.

Mr. Johnston has been lead trial counsel in more than 125 trials, more than 80 of which were jury trials. Recent litigation matters include:

• Primary outside counsel for The Coca-Cola Co. in a class action alleging discrimination based on race in promotions, compensation, job assignment and performance evaluations.

• Lead outside employment counsel for The Coca-Cola Co. in a Sarbanes-Oxley retaliation claim.

• Coordinated and lead the successful defense of a complex sexual harassment lawsuit involving allegations of attempted rape, sodomy, assault and intentional infliction of emotional distress.

• Argued an Americans with Disabilities Act issue of first impression before the Eleventh Circuit Court of Appeals and persuaded the Court to interpret the ADA burdens of proof in a way favorable to employers.

• Successfully defended a national educational institution in a sensitive ERISA lawsuit involving benefits claimed on behalf of a child with severe birth defects. Mr. Johnston established that the hospital, which had agreed to pay benefits on behalf of the child, failed to pay the required premiums and then attempted to cover up its failure with a fabricated excuse.

Mr. Johnston is a former prosecutor who now coordinates and directs internal investigations for companies accused of employment irregularities, such as sexual and racial harassment.

Mr. Johnston has represented companies in a broad array of industries, including pharmaceuticals, grocery, food service and distribution, soft drinks, manufacturing, technology, entertainment and healthcare. He was selected by Chambers USA as a leading lawyer in his practice area. He also is included in the 2003-2004 edition of The Best Lawyers in America.

Mr. Johnston graduated with academic distinction from the United States Air Force Academy in 1975 and received his juris doctorate with high honors from the University of Florida in 1980. Mr. Johnston also earned an LL.M. in labor law from the Georgetown University Law Center in 1986. He also is an adjunct faculty member for the National Institute for Trial Advocacy (NITA).