Michael A. Harvey

Houston

Shareholder

700 Milam Street
Suite 2700
Houston, TX 77002-2806

O: 713.222.1470
D: 713.222.4015
E: mharvey@munsch.com

Michael A. Harvey is a Shareholder in the Business Litigation section of the Houston office of Munsch Hardt Kopf & Harr. Michael's practice focuses on commercial litigation with an emphasis on labor and employment. Michael has experience in federal and state trial practices and arbitration in areas concerning contract disputes, business torts, FLSA Wage and Hour, Title VII, family and medical leave, sexual harassment, pregnancy discrimination, non-competition and confidentiality agreements. Michael also spends considerable time consulting with and advising clients as to commercial and employment practices and policies. In this respect, Michael has worked in a secondment position as in-house counsel for international placement company.

Additionally, Mr. Harvey has significant experience in Consumer Litigation defense for retail credit and mortgage providers. Specifically, Mr. Harvey has represented clients in over 350 matters relating to the Telephone Consumer Protection Act (“TCPA”), Texas Debt Collections Act (“TDCA”), and Federal Fair Debt Collections Practices Act (“FDCPA”) in state court, federal court and arbitration, taking to favorable completion over 200 of these matters.

EDUCATION

  • Bachelor of Arts from Baylor University
  • Juris Doctor from University of Oklahoma School of Law
    • Graduated with Distinction

AWARDS & HONORS

  • Rising Stars, Thomson Reuters, 2015-2017

BAR ADMISSIONS

  • Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
  • United States District Court for New Mexico
  • Federal Courts for New Mexico

  • Secondment in-house position for international professional placement company handling North American business counseling, labor and employment consultation and related commercial and employment litigation.
  • Represented national chain of electronics and appliances stores with respect to consumer litigation including Telephone Consumer Protection Act, Texas Debt Collections Act, Federal Fair Debt Collections Practices Act, and debt collection.
  • Represented Conn Appliances, Inc. in Cause No. 3:14-cv-03529-K; Steven Edwards v. Conn Appliances, Inc.; In the United States District Court for the Northern District of Texas. Mr. Harvey successfully compelled the case to Arbitration, which resulted in a take nothing award, holding that Plaintiff consented to collection calls and failed to explicitly revoke his consent.
  • Represented Conn Appliances, Inc. in Bruce Beck v. Conn Appliances, Inc. Mr. Harvey conducted the defense of a single plaintiff TCPA Arbitration, which resulted in a take nothing award, holding that Plaintiff failed to establish an Automated Telephone Dialing System.
  • Represented Conn Appliances, Inc. in Civil Action No. 1:16-cv-00464; Jose Alvarado v. Conn Appliances, Inc.; In the United States District Court for the Western District of Texas. Mr. Harvey conducted the defense of a class action TCPA claim, which resulted in the Court upholding and enforcing the client’s class action waiver and arbitration provision.
  • Represented Conn’s, Inc. in Case No. CJ-2015-142; Laura Freeman, on behalf of B.S.S., a vulnerable adult v. Conn’s, Inc., a foreign corporation a/k/a Conn’s Appliances, Inc., and Jessica Fleetwood; In the District Court of Tulsa County in the State of Oklahoma. Mr. Harvey conducted the defense of DTPA and FDCPA claims, which resulted in a take nothing verdict.
  • Represented numerous Oil and Gas companies in class/collective action litigation related to the FLSA wage and hour issues.
  • Represented local hospital with respect to all EEOC charges of discrimination.
  • Represented multiple companies with respect to NLRA complaints, including concerted activity issues.
  • Drafted, assisted in rolling out and litigated employment agreements and polices, including class waivers, arbitration provisions, non-compete agreement, confidentiality agreements, executive compensation agreements and employee handbooks. 
  • Litigated and upheld class/collective waivers in the Southern District of Texas subsequent to NLRB’s DR Horton decision for national Corporation.
  • Legal Counsel for the Down Syndrome Association of Houston.
  • Labor and Employment Counsel for the Houston SPCA.

  • Down Syndrome Association of Houston, Board of Directors and Legal Counsel
  • Honorable Garland R. Walker American Inn of Court, Barrister
  • Houston Bar Association, Labor and Employment and Litigation Sections
  • State Bar of Texas, Labor and Employment Law Section

ARTICLES

SPEECHES

November 2016
Guide to the Department of Labor’s FLSA Update Texas Association for Healthcare Recruitment Annual Fall Conference
October 2016
2016 Employment Law, Immigration Law and Construction Law Updates Marsh & McLennan Construction and Employment Seminar
November 2015
Presenter: NORA Conference & Trade Show Michael Harvey be speaking on the topic of "Social Media: Opportunity & Threats for NORA Members" at the 2015 NORA Conference & Trade Show in Orlando, Florida.