Wigdor’s Michael J. Willemin Stays One Step Ahead

Michael Willemin has always known he wanted to be a litigator, but it was only after joining prominent employment law firm Wigdor right out of law school that he realized where he wanted to focus his practice. The firm – dedicated exclusively to employment, civil rights and sexual harassment and assault cases – has taken on some of the most contentious battles in those spaces. For the last 13 years, Willemin, a partner at the firm, has been a key member of the team.

Seeing Willemin or the firm’s name in the news is not uncommon; they are known for going up against well-resourced entities in hot-button cases. Last year, Willemin and team represented R&B singer Cassie in sex trafficking and sexual assault claims against former boyfriend and hip-hop star Sean “Diddy” Combs – a case which sent shockwaves through the music industry and has dominated headlines. While the case settled quickly, it was an early action in the now more than 20 cases against Combs, who was recently charged on three counts, including sex trafficking.

Currently, Willemin is representing college athletes in a Fair Labor Standards Act case against the NCAA, arguing that athletes are employees of their schools and should be paid as such. The case could have momentous implications for the future of college athletics, and recently survived a motion to dismiss in the 3^rd Circuit Court of Appeals.

The key to going up against such powerful figures and highly funded entities, Willemin says, is being one step ahead. “The goal is to be proactive, not reactive, and give the other side something that they haven’t seen before,” he says.

Willemin is a member of the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers.

Lawdragon: What brought you to Wigdor, and how did you know you wanted to devote your career to this practice area?

Michael Willemin: I was drawn to the firm because of its stellar reputation in the areas of employment, sexual assault and civil rights litigation. Initially, I did not know that I would end up devoting my career to these practice areas, but it did not take long before I realized I’d found a home in the law, both with respect to the practice areas and the outstanding individuals with whom I’ve been able to work and learn from for the past 13-plus years.

LD: Tell me about the scope of your practice.

MW: The entire Wigdor practice is dedicated to representing victims of employment discrimination and retaliation, sexual assault and civil rights violations. Being so focused is a huge benefit, as it allows Wigdor lawyers to become experts in the fields in which we practice.

LD: So, if this wasn’t your exact plan from the outset, what did you initially envision your career looking like?

MW: I always wanted to be a litigator, but it was not until I arrived at Wigdor that I developed a passion for representing victims of unlawful employment actions, sexual assaults and other civil rights violations. In law school, my goal was to become a prosecutor. In retrospect, while I am sure I would have loved that job as well, I know I am right where I am supposed to be.

LD: Did you have any experience in the area before joining Wigdor?

MW: I did a part time internship at the Rhode Island Commission on Human Rights, which was my first foray into employment discrimination law.

LD: Was there an early experience or mentor who really helped shape the course of your professional life?

MW: It would probably be cliché to say my father, but that would be answer. While I unwisely failed to implement his advice and guidance for the first twenty-something years of my life, I’ve put it to great use in my professional and family life and am a far better person, colleague, husband and father for it.

You always have to be thinking one step ahead and outside of the box. The goal is to be proactive, not reactive, and give the other side something that they haven’t seen before.

LD: And what inspired you to be a lawyer?

MW: I watched too much “Law and Order.” Seriously, though, the concept of litigation and trial was always alluring to me. I never gave much thought to any other profession.

LD: What advice do you have now for current law school students?

MW: Try not to get overly stressed! Once you complete the core curriculum, focus on areas of interest and give yourself a variety of educational and vocational experiences. Ultimately, there might be a better, more interesting and more fulfilling path than whatever you planned to do for a career going into law school. Give yourself a chance to find it.

LD: Are there any memories from your early career that stand out to you?

MW: Early in my career I was given the freedom to litigate a claim against New York City more or less on my own. The litigation gave me the opportunity to depose a variety of important figures and lawyers, including a New York Court of appeals judge. I even had the opportunity to subpoena the then-mayor for a deposition, though the subpoena was quashed after he submitted a declaration denying relevant knowledge!

LD: Your style has been described as aggressive when the situation calls for it, and Wigdor attorneys have a reputation for being relentless warriors. How does that battle-ready attitude help you and the team prevail against well-resourced defendants? 

MW: I have the luxury of going up against well-resourced defendants every day. You always have to be thinking one step ahead and outside of the box. The goal is to be proactive, not reactive, and give the other side something that they haven’t seen before.

LD: What has been keeping you busiest in your practice recently?

MW: The #MeToo movement and the reemergence of the Black Lives Matter movement certainly came with an influx of sexual assault and race discrimination cases, respectively. We are also spending significant time and resources to litigate the validity of pre-dispute forced arbitration agreements, which are extremely detrimental to the achievement of justice society wide.

LD: Have you had any recent results you can share with us?

MW: I am very proud of Wigdor’s recent win at the 3rd Circuit Court of Appeals, which affirmed the lower court’s denial of the NCAA’s motion to dismiss in the Johnson v. NCAA action. The precedential decision held that NCAA Division 1 athletes could be employees under the FLSA. This was the first time a Circuit Court held as such and was in contradiction to the only other circuit to address the issue.

LD: What keeps you excited about this work?

MW: I love the competitive nature of litigation. From something as small as a disagreement over scheduling to something as significant as a federal jury trial, I wake up every day knowing that I will be tested by some of the world’s most powerful companies, individuals and law firms. There is nothing more satisfying than that, particularly when you are representing someone who never believed that they would have an opportunity to fight.

LD: Do you have a favorite book or movie about the justice system?

MW: “A Time to Kill,” “The Firm” and “Presumed Innocent.”

LD: If you weren’t a lawyer, what would you be doing now?

MW: The closest thing I ever had to a different career aspiration was as a professional magician.

LD: That sounds intriguing. And what do you do for fun when you’re outside the office?

MW: Spend time with my wife and two boys. And golf!