Timothy J. O'Brien

Timothy J. O’Brien

Partner

Timothy J. O’Brien has over 30 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 employment and collegiate sports law issues.

Mr. O’Brien advises colleges, universities, athletic department administrators, SWA’s, coaches, student-athletes, attorneys, and individuals on topics including Title IX, pay equity, sexual violence, harassment, hazing, NCAA rules compliance, eligibility, coaches’ compensation, disability discrimination issues, and the restructuring of athletics departments.  He conducts audits and provides training for institutions and conferences on all sports and employment law subjects.  He conducts investigations into alleged misconduct by coaches, staff members, and student-athletes.  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 a co-author of the NCAA’s gender equity manual, Gender Equity in Collegiate Athletics, and also Managing Legal Issues in College Athletics.  He is the individual or co-author of numerous other articles on collegiate sports law issues and serves on the advisory panel of Campus Legal Advisor, a national publication that addresses the full range of legal issues arising on college and university campuses.

Based on his years of involvement with Title IX issues, he serves as an expert witness in litigation cases containing Title IX claims.

Mr. O’Brien also regularly handles a wide variety of employment issues including wrongful termination and discrimination claims, harassment claims, wage and hour claims, non-competition matters, theft or misappropriation of trade secrets and proprietary information, contract disputes, whistleblower, and retaliation claims, OSHA citations, and labor law issues throughout New England.  He handles matters on both an individual and class action basis. He provides guidance and counsel on employee performance, disciplinary actions, and termination decisions. Mr. O’Brien also participates in and/or provides training on harassment, discrimination, hazing, unconscious bias, and other legal issues.  He also conducts internal audits and investigations.

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

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

Super 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

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).