Timothy J. O'Brien

Timothy J. O’Brien

Partner

Timothy J. O’Brien has over 25 years of litigation experience. As a former prosecutor and in the course of his work in civil litigation, he has tried numerous cases before judges and juries. His practice focuses on the many issues confronting businesses and individuals in today’s litigious society including employment, information security and collegiate sports law issues.

Mr. O’Brien regularly handles a wide variety of employment issues including wrongful termination and discrimination claims, harassment claims, wage and hour claims, non-competition matters, theft of trade secrets and proprietary information, contract disputes, whistle blower and retaliation claims, OSHA violations, and labor law issues throughout New England. He handles matters on both an individual and class action basis. He also counsels employers on privacy and data security issues, training and polices as well as hiring and promotion decisions.  He guides employers through employee performance, disciplinary and termination decisions. Mr. O’Brien provides training on employment law and information security topics and conducts internal audits and investigations. With cyber security issues becoming one of the most significant employment related concerns, Mr. O’Brien assists employers in implementing safeguards to protect against the theft or misappropriation of information by current and former employees and competitors.

Mr. O’Brien also advises universities and conferences on topics including Title IX, NCAA rules compliance, eligibility, coaches’ compensation, pay equity, harassment, hazing, and disability discrimination issues. He provides training for institutions and conferences on all sports and employment law subjects. He has participated in and moderated programs for the ABA, the NCAA, athletic conferences and educational institutions on many sports law topics involving athletic departments. He is an editor of a daily website focusing on topical collegiate sports business news and issues:  www.collegesportsbusinessnews.com.


BAR ADMISSIONS/ PROFESSIONAL MEMBERSHIPS

STATE COURTS

Massachusetts
Maine
New Hampshire
New Jersey
Pennsylvania

FEDERAL COURTS

Massachusetts
Maine
New Hampshire
New Jersey
Pennsylvania (Eastern and Middle Districts)
First Circuit Court of Appeals
Ninth Circuit Court of Appeals


MEMBERSHIPS

Information Security Committee of the Science and Technology Section of the American Bar Association
Tort, Trial and Insurance Practice Section of the American Bar Association
EEO Committee of the Labor and Employment Law Section of the American Bar Association
International Association of Privacy Professionals (IAPP)
Maine Bar Association
New Hampshire Bar Association


EDUCATION

New England School of Law (J. D., 1983)
University of Notre Dame (A. B., 1980)


COMMUNITY PUBLIC SERVICE

United Way of York County: Member of the Board of Directors 2004-2011, Chair (2010), Vice Chair (2009), Ethics Officer (2007-2008), Secretary (2005-2007)
Education Foundation of the Kennebunks and Arundel: Member of the Board of Directors (2006-2012), Secretary (2006-2009)
Kennebunk Beach Improvement Association (KBIA Summer Youth Program): Member of the Board of Directors (1996-2004)


HONORS

The Best Lawyers in AmericaSuper LawyersRecognized in:

The Best Lawyers in America®
New England Super Lawyer

Chambers USA: America’s Leading Lawyers for Business


MILITARY

Captain, U. S. Army Communications Electronics Command (CECOM) (1984-1988)
U. S. Army Airborne School (1979)


PUBLICATIONS

www.collegesportsbusinessnews.com, a daily summary of legal and business issues in collegiate sports (co-editor).
NCAA Gender Equity Manual, Gender Equity in Intercollegiate Athletics, NCAA (2010) (co-author).
“Pay Equity Among College Coaches: A Summary of Case Law Since Stanley and Administrative Guidance”  Willamette University College of Law Sports Law Journal (2009)(co-author).
Managing Legal Issues in College Athletics, LRP Publications (2004)(co-author).
A Practical Guide to Title IX in Athletics: Law, Principles, and Practices, NACUA (2000)(contributing author).
“Pay Equity:  A Legal and Practical Approach to the Compensation of College Coaches”, Seton Hall Journal of Sport Law (1996)(co-author).
“Title IX: An Athletic Administrator’s Survival Guide to Gender Equity in the 1990’s”, Seton Hall Journal of Sport Law (1995)(co-author).
Discrimination in Athletics, MCLE (1995)(contributing author); and “Returning the Injured Athlete to Competition: The University’s Role in the Process” ABATIPS (1994)(co-author).
Employment Discrimination Law, Lindemann & Grossman, BNA Publications (1996)(contributing author).
Sexual Harassment in Employment Law, Lindemann & Kadue, BNA Publications (1991)(contributing author).