Related Practices

Education

J.D., Sandra Day O'Connor College of Law at Arizona State University, 1983
B.A., Arizona State University, 1971

Bar Admissions

Arizona, 1983

Clerkships

Hon. Earl H. Carroll, U.S. District Court, Arizona, 1983-1985

Mary Ellen Simonson

Partner

vCard

Phoenix

40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004

Phone 602.262.5317

Fax 602.734.3868

About Mary Ellen Simonson

Ms. Simonson has 28 years experience in federal and state courts, representing a variety of businesses and employers in both litigation and counseling, including serving as outside national employment counsel for a multi-billion dollar company. She routinely handles a wide variety of litigation matters on business and employment disputes, including defending/enforcing restrictive covenants, litigating Title VII, ADA, ADEA, FMLA, and wrongful termination issues; and providing advice to employers on compliance with federal, state and local employment laws, drafting and advising on executive employment agreements, handling EEOC and DOL matters. She has successfully briefed and argued appeals before the Ninth Circuit and Arizona Court of Appeals, and successfully briefed and argued before the Arizona Supreme Court an issue of statewide importance to all public employers. Ms. Simonson also has substantial experience in commercial litigation and school law.

Representative Cases/Matters

Lead counsel on more than 200 employment litigation and counseling matters nationwide for public company, over course of more than 15 years as the company’s outside employment general counsel, including defense of federal and state court lawsuits involving Title VII, ADEA, ADA, FMLA, and administrative matters such as EEOC charges and DOL matters.
Lead trial and appellate counsel for national hotel chain in obtaining summary judgment in state court on eight of ten claims, and later directed verdict at trial on remaining two claims in a $2 million dispute in which plaintiff (former employee) claimed employer (national hotel chain) was vicariously liable for off-premises conduct of former supervisor.
Lead trial and appellate counsel in the first case in the nation to uphold the constitutionality of a mandatory school uniform policy in a public school: Phoenix Elementary School District No. 1 v. Green, 180 Ariz. 476, 943 P.2d 836 (1997).
Lead trial and appellate counsel incase that clarified Arizona’s “notice of claim” statute in Arizona Supreme Court opinion successfully upholding client’s statutory interpretation: Deer Valley Unified School District No. 97 v. McDonald, 214 Ariz. 293, 152 P.3d 490 (2007).
Lead counsel for multiple federal and state court proceedings to seek or defend Temporary Restraining Orders and Preliminary Injunctions involving restrictive covenants.
Lead counsel in multiple administrative proceedings involving successful termination of public employees.
Settled for nuisance amount a $1 million lawsuit against Fortune 500 employer after limited depositions, persuasive settlement conference memorandum, and strategic participation in federal court settlement conference.
Obtained dismissal with prejudice in U.S. District Court of an $8 million commercial dispute against a major health care entity, following successful motions to dismiss and for summary judgment.
Successfully defended a Fortune 500 company on summary judgment motions in U.S. District Court involving breach of contract/warranties, affirmed on appeal to Ninth Circuit.
Successfully defended a major lending institution in a complex lender liability case which settled for a minor nuisance amount immediately after deposed plaintiff.

Representative Presentations/Publications

Moderated Employment Law Alliance Webinar for 1,200 HR professionals and lawyers on January 14, 2009: “Changes To the ADA And FMLA: What In-House Counsel And Human Resources Professionals Need To Know.”
Presentation to CLE Conference for the Appellate Judges Education Institute on November 13, 2008: “How the Supreme Court’s Latest Decisions Will Affect the Workplace.”
Panelist on “Notice of Claims” legal update for Arizona School Personnel Administrators Association (ASPAA) Spring Conference (2008).
Panelist for Ninth Circuit Judicial Conference on federal issues.
Panelist for Arizona District Judicial Conference on federal rules and procedures.
Presentation to Society of Human Resource Professionals (SHRM) on employment law updates.
Presentation to Arizona School Boards Association, “Superintendent Compensation: ASBA’s Survey of Non-Base Salary Benefits and Legal Considerations Involved” (2006).
Multiple in-house trainings, such as sexual harassment, discrimination, reductions in force and alternative decisions, and notices of claims.
“School Uniforms: A Blueprint for Legal Challenges”, Inquiry & Analysis, bimonthly publication of the National School Board Association Council of School Attorneys (1998).

Memberships and Affiliations

Federal Bar Association, Member
Maricopa County Bar Association, Member
Arizona Women Lawyers’ Association, Member
Fellows of American Bar Foundation, Member
Arizona Women’s Education and Employment/AWEE, Chair
Governor’s Inaugural Committee, Member
Served on the Boards of Directors of the Herberger Theater and Social Venture Partners
Appointed by the Mayor of Phoenix to Co-Chair the first Phoenix Commission on Excellence in Education, along with Co-Chair O. Mark DeMichele, former President and Chief Executive Officer of Arizona Public Service Company.

Speaking Engagements

Co-presenter, "Responding to the EEOC," ASU College of Law CLE: Established and Emerging Trends in Employment Litigation, November 2012

Court Admissions

Arizona Court of Appeals, 1984
U.S. Court of Appeals, Ninth Circuit, 1984
U.S. Supreme Court, 2004

Other Distinctions

Ms. Simonson has an "AV/Preeminent Attorney" rating with Martindale-Hubbell. She is listed in The Best Lawyers in America®, in Arizona’s Top Lawyers by AZ Business Magazine, and in Arizona’s Finest Lawyers. She was the 2005 Recipient of the prestigious Athena Award as “Businesswoman of the Year” given by the Greater Phoenix Chamber of Commerce, and in 2000 was an Honoree in the State Bar’s selection of the outstanding “100 Women and Minority Lawyers” in Arizona.