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Michael Avila bio photo

Michael P. Avila

Partner and Co-Chair, Financial Services Group


Philadelphia/Washington, D.C.

t:610.230.2179

f:610.230.2151

Email

Service Focus

  • Employee Defection and Trade Secrets
  • Employment Discrimination and Harassment
  • International
  • Litigation and Trials

Industry Focus

  • Energy
  • Financial Services
  • Life Sciences and Pharma
  • Automotive Dealership
  • Healthcare
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Overview
Recent Experience
Credentials
Recognitions
Affiliations
Insights

Overview

Michael Avila is an international employment and trade secrets attorney and Co-Chair of the Financial Services Industry Group. Working with business interests around the globe, Mike routinely litigates and advises on issues surrounding trade secret business information and restrictive covenant agreements. His practice also includes domestic and cross-border employment litigation, counseling, and internal investigations. Further, Mike regularly leverages his counseling and litigation experience to conduct pre-acquisition due diligence and negotiations surrounding human capital matters, in the context of mergers and acquisitions.

Trade Secrets, Restrictive Covenants, and Unfair Competition

Mike has prosecuted and opposed numerous matters involving emergency applications for injunctive relief, including temporary restraining orders and preliminary injunctions. He has litigated such matters in dozens of U.S. states, as well as in jurisdictions across the Americas and the EMEA region. These cases typically concern the misappropriation of trade secrets, covenants not to compete, non-disclosure agreements, and claims of unfair competition.

Along with his litigation practice, Mike assists clients with drafting restrictive covenants and developing programs to protect their competitive assets against employee defections. He also helps clients analyze and negotiate restrictive covenants and executive employment agreements in connection with mergers and acquisitions.

International Counseling and Litigation

Mike regularly helps clients navigate employment disputes on a national and international basis, including throughout the Americas, Europe, Africa, and Asia. These matters include claims of breach of contract, discrimination, and wage payment violations.

Mike also counsels U.S. employers concerning the legal implications of hiring and managing employees internationally, including in some of the world’s most challenging legal jurisdictions. This includes helping employers navigate workplace realities outside of the U.S. and developing jurisdiction-specific policy, contract, and wage-payment regimes.

In addition, clients frequently call upon Mike to lead domestic and cross-border investigations surrounding internal employee complaints and whistleblowing scenarios.

Representative Clients

Mike enjoys representing clients of all sizes and structures, from early-stage ventures to publicly traded companies. His industry experience includes life sciences, insurance, financial services, commercial software, healthcare, and government contractors, including for-profit and non-profit international NGOs.

 

Recent Experience

Experience

Restrictive Covenant Litigation and Competitive Hire Counseling

  • Secured Temporary Restraining Order, Preliminary Injunction, and successful trial outcome on behalf of global healthcare software client.
  • Successfully represented insurance brokerage client in dueling cross-border trade secrets and breach of contract actions.
  • On behalf of global clinical trials client, defeated action for temporary restraining order and preliminary injunction, in connection with the recruitment of key personnel from a competitor.
  • Drafted and negotiated myriad Key Employee and Executive Employment Agreements in connection with multiple consolidation-focused clients’ acquisitions.
  • Advised several private equity clients regarding the assignability and sufficiency of target entities’ existing restrictive covenants and Key Employee Agreements.

International Employment Counseling

  • Following the acquisition of a competitor, assisted global engineering firm in the integration of payroll and employment law compliance practices across multiple EMEA and APAC jurisdictions.
  • Conducted pre-acquisition diligence regarding target’s global outsourced labor practices and related contractual obligations.
  • Conducted multiple internal whistleblower and procurement fraud investigations across EMEA and APAC regions for International NGOs.

  • Successfully resolved wrongful dismissal and breach of employment agreement claims in numerous foreign jurisdictions, including Brazil, Costa Rica, and South Africa.
  • Negotiated multiple outsourced labor contracts across jurisdictions in Africa, Central America, and Asia.

Domestic Employment Counseling and Litigation

  • Obtained complete defense award from a Financial Industry Regulatory Authority (“FINRA”) arbitration panel, on behalf of a national broker-dealer, in a dispute with its former registered representative.
  • Conducted pre-acquisition diligence regarding Human Resources and Employee Benefits practices for myriad targets on behalf of national veterinary medicine and food safety clients.
  • On behalf of an infrastructure maintenance client, secured summary dismissal of multiple employment discrimination actions.

Credentials

Education

  • J.D., Villanova University School of Law
  • B.S., Pennsylvania State University

Bar Admissions

  • Pennsylvania
  • New Jersey
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas

Recognitions

  • Chambers USA, Labor & Employment (2024)
  • Pennsylvania Super Lawyers – Rising Stars, since 2015
  • Listed as a 2018 Lawyer on the Fast Track by the Legal Intelligencer

Affiliations

Professional Activities

  • Member, Pennsylvania Bar Association
  • Member, American Bar Association
  • Member, Philadelphia Bar Association
  • Member, Delaware County Bar Association
  • Member, Association Internationale des Jeunes Avocats – International Association of Young Lawyers
  • Co-Chair of the Restrictive Covenants Sub-Committee of the ABA’s Business Torts & Unfair Competition Committee

Insights

  • Event

    04/10/25

    Changes in Global Politics and the Effect on your International Workforce

    Michael P. Avila

    Read more 

  • Event

    11/06/24

    Building and Managing Multi-Jurisdictional Teams: Compliance Considerations Behind a Growing Trend

    Michael P. Avila

    Read more 

  • News

    06/10/24

    Fisher Phillips Earns Top Rankings Again as a Leading Firm in Labor and Employment Law by Chambers USA

    Edwin G. Foulke Jr., Andrew J. Sommer, Travis Vance, Kristin R.B. White, Danielle Hultenius Moore, Jocelyn Campanaro, Micah Dawson, Todd A. Fredrickson, Angelica M. Ochoa, Steven M. Bernstein, Suzanne K. Bogdan, Charles S. Caulkins, Christine E. Howard, Jeffrey E. Mandel, Cathy M. Stutin, Michael P. Elkon, Shanon R. Stevenson, Terri R. Stewart, Laurel K. Cornell, Raymond C. Haley III, Emily N. Litzinger, Todd B. Logsdon, Craig P. Siegenthaler, Megan Reese U'Sellis, Michelle I. Anderson, Edward F. Harold, Timothy H. Scott, David W. Erb, Daniel E. Farrington, Joseph W. Ambash, William E. Altman, Gregory V. Murray, Barbara Jean D’Aquila, Steven R. Cupp, Gregory D. Ballew, J. Randall Coffey, James R. Holland II, Brian J. Finucane, Melody L. Rayl, David B. Dornak, Scott M. Mahoney, Mark J. Ricciardi, Kathleen McLeod Caminiti, Rosemary S. Gousman, Michael R. Marra, David Klass, Richard A. Millisor, Clarence M. Belnavis, Todd A. Lyon, Michael P. Avila, Nan Sato, Christopher P. Stief, William D. Wright, Michael D. Carrouth, C. F. W. Manning II, Stephen C. Mitchell, J. Hagood Tighe, David S. Jones, Greg Grisham, Jeff Weintraub, Stephen J. Roppolo, Teresa Valderrama, Theresa M. Connolly, Davis C. Bae, Ralph Hua, Radhika Mehta, Suzanne Kelly Michael

    Read more 

  • Event

    04/18/24

    Why Global Outsourcing and What is the Impact on Your Workforce?

    Michael P. Avila, Nan Sato

    Read more 

  • Event

    11/16/23

    Restrictive Covenants and Non-Competes in Canada and the U.S.

    Christopher P. Stief, Michael P. Avila

    Read more 

  • Event

    Thursday, September 21, 2023 and Tuesday, September 26, 2023

    Restrictive Covenants and Trade Secrets in the Post-Pandemic World

    Michael P. Avila, Barbara Jean D’Aquila, Michael P. Elkon, Andrew Froman, Rick Grimaldi, Kathleen Laubenstein, Christopher P. Stief, Robert Yonowitz

    Read more 

  • Event

    06/29/23

    The Future of Noncompetes – A Transatlantic Perspective

    Michael P. Avila, Christopher P. Stief, William D. Wright

    Read more 

  • Publication

    12/15/21

    Fisher Phillips Partner Breaks Down Illinois’ New Law Restricting Noncompete Agreements

    Michael P. Avila

    Read more 

  • Event

    04/01/21

    International Remote Work In The COVID-19 Era

    Michael P. Avila

    Read more 

  • Podcasts

    12/02/20

    Atypical Worker Restraints and Beyond: Protecting Confidential Information and other Business Interests in Atypical Worker, Independent Contractor, Shareholder and Franchise Relationships

    Michael P. Avila

    Read more 

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