Mike Delikat

Mike Delikat, a partner in the New York office, serves as Chair of Orrick's Global Employment Law Practice and previously served as the Managing Director of Orrick's Litigation Division.  

He represents a broad range of major corporations in all facets of labor and employment law.  Mr. Delikat has an active trial, arbitration and appellate practice and handles a number of high-visibility class action and impact cases.  Mr. Delikat has extensive experience with issues arising from trade secret misappropriation and the enforcement of post-employment restrictions, wage-and-hour collective actions and other class actions based on gender and race, with particular expertise representing companies in the financial services industry.  He is also called upon by a number of major corporations to handle high exposure internal investigations.

He currently has an active practice representing a number of major corporations in the defense of Sarbanes-Oxley Act and other whistleblower claims and is the author of the first treatise published on this subject (see below in Publications).

Representative Clients

• AllianceBernstein:  Mr. Delikat has represented this client on multiple matters in court and in arbitration.
• Facebook:  Mr. Delikat leads a global team that represents Facebook on all of its employment law matters throughout the world.  
• PG&E Corporation:  Mr. Delikat obtained a complete defense verdict in a jury trial brought in the Maryland state court seeking to hold PG&E liable for multi-million dollar bonuses claimed by energy traders.
• JP Morgan Chase:  Mr. Delikat has represented this client on a variety of employment litigation matters including the enforcement of post-employment restrictions involving litigation in the United States and the United Kingdom.
• Carrols Corporation:  Mr. Delikat successfully represented Carrols Corporation, the largest holder of Burger King franchises, in obtaining summary judgment against the EEOC after six years of litigation in the largest pattern and practice class action for sexual harassment ever brought by the EEOC in EEOC v. Carrols.
• Securities Industry and Financial Markets Association:  This client regularly looks to Mr. Delikat for representation in filing amicus briefs on issues of paramount importance to SIFMA and its members.
• AIG Corporation:  The Board of Directors of this company retained Mr. Delikat to conduct a high profile internal investigation of one of its senior executives.
• Wyeth/Pfizer:  Mr. Delikat successfully defended Wyeth in a two-week jury trial in federal court alleging race discrimination at its Pearl River facility.  He also represented this client on several Sarbanes-Oxley whistleblower matters, including Livingston v. Wyeth, which was the first U.S. Court of Appeals decision on what constitutes protected activity under the whistleblower provisions of SOX.
• Oracle:  Mr. Delikat represented Oracle in multiple litigations, including a preliminary injunction trial involving efforts by a competitor to its enforce non-compete agreements.
• Roche:  Mr. Delikat successfully represented Roche in several wage-and-hour collective actions which challenged the classification of pharmaceutical representatives as exempt from the overtime provisions of the Fair Labor Standards Act.
• Moody’s Investors Service:  Mr. Delikat defended Moody’s in a 400-plaintiff Title VII class action in the Southern District of New York alleging race and national origin discrimination in promotion.
• Major Law Firm Representation:  Mr. Delikat represents a number of major law firms on a variety of matters relating to their partners, associates and staff.  

Mr. Delikat is published and quoted frequently on a variety of employment law issues in major academic and business publications and is a frequent speaker at national and international programs.