Experience

Michael D. Seale is a Shareholder in the firm's Victoria and Houston, Texas offices.  He practices in the labor and employment section.  Michael focuses on representing the interests of employers, with particular emphasis on representing healthcare facilities, nursing homes, hospitals, physician groups and other healthcare providers in regulatory and litigation matters.  He routinely advises clients on state and federal laws and regulations affecting healthcare entities, including a broad spectrum of employer/employee disputes and issues.  He has extensive experience with counseling clients on employment and healthcare policies, procedures and related best practices.  

Michael has litigated federal and state cases involving discrimination, harassment, retaliation, tort and contract claims, handled wage and hour investigations and cases under the Fair Labor Standards Act, and handled ERISA benefits matters, including non-subscriber plans and related claims.  He has represented clients before the NLRB, EEOC, TWC, OSHA and the Department of Labor. 

Michael is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Publications

• "New Laws Affecting Business," Victoria Business Magazine, March 1998
• "Safeguarding Employer Trade Secrets," Victoria Business Magazine, July 1998
• "Employee Handbooks," Victoria Business Magazine, September 1998
• "Employment Laws Affecting Business" (Employee Background Credit Checks)," Victoria Business Magazine, December 1998
• "Tax Authorities Sharpen Focus on Misclassification of Employees as Independent Contractors," About Management, Summer 2009.
• "No More Ink - Electronic Signatures are the Sign of the Times," About Management, Spring 2010.

Professional Affiliations

• State Bar of Texas, Labor and Employment Law and Health Law Sections.
• Texas Board of Legal Specialization
• American Bar Association
• Victoria County Bar Association

Healthcare Regulatory, Litigation and Transactions

Michael has experience representing healthcare providers and facilities in litigation and regulatory matters, including contract disputes, healthcare compliance, malpractice defense, federal and state regulatory and administrative proceedings, including cases before the State Office of Administrative Hearings and federal Departmental Appeals Board involving sanctions, civil money penalties and other adverse action brought by state and federal agencies, false claims act investigations by the OIG/DOJ and whistleblower cases. He also handles and advises on corporate, partnership and real estate transactions (including all aspects of long term care facility development, construction, leasing, acquisitions, divestitures, operations transfers, ownership formation, investment, licensing and certification) and ancillary health care services and products agreements.

Health Compliance

Michael routinely advises clients on state and federal regulations that affect healthcare entities, including  the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and compliance with Medicare and Medicaid program participation requirements applicable to skilled nursing facility providers, including quality of care, patient rights, peer review, reimbursement, fraud and abuse, Stark laws, anti-kickback, risk management and compliance programs.

Presentations

• Adjunct Professor for “Legal Environment of Business”, “Corporate Governance” and “Employment Law” undergraduate and graduate courses, University of Houston, Victoria, 1995-2002.
• “Risk Management for LTC Administrators,” Long Term Care Continuing Education Program presentation, San Antonio, Texas, April 17-19, 2001.
• Instructor for Business Law Section of CPA Exam Review Course, University of Houston, Victoria, 2002-2003.
• “Ten Essential Ways To Reach Handbook Heaven,” Crossroads Webinar Series, April 4, 2008.
• “Wage and Hour – Ten Ways to Mitigate Compliance Concerns,” CLE Presentation for Victoria County Bar Association (1.0 CLE Credit), Victoria, Texas, January 28, 2010.
• “FLSA Wage and Hour Compliance and Time Clock Management,” Continuing Education Units (CEU) seminar for Licensed Nursing Facility Administrators, Victoria, Texas, May 5, 2010.