George R. McFall

Direct: 505.848.1866
Main: 505.848.1800
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Fax: 505.848.9710
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Email: george.mcfall@modrall.com

Overview

George McFall practices in civil litigation with an emphasis on employment law, civil rights, professional liability and appellate practice. In 29 years of practice he has represented both private and public sector employers in state and federal courts in a wide variety of litigation matters involving claims under both federal and state law. George handles cases which include claims for breach of employment contract, employment discrimination, civil rights and retaliatory discharge.

He is a trained mediator, and advises clients in settlement negotiations and alternative dispute resolution processes. In addition to his litigation work, he regularly advises clients on complex workplace issues arising under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) as well as wage and hour issues under the Fair Labor Standards Act (FLSA). He also presents training sessions for clients on state and federal anti-discrimination laws, employee policies and conducting workplace investigations in order to ensure compliance with ever-changing requirements and to avoid litigation. 

George is an Employment Law Specialist certified by the New Mexico Board of Legal Specialization and he has achieved the AV® Preeminent rating from Martindale Hubbell, the highest rating possible. He was named 2016 Employment Law-Management "Lawyer of the Year" in Albuquerque by Best Lawyers in America®; only a single lawyer in each practice area in each community receives this honor. He has been recognized by Benchmark Litigation and named one of the Top 25 New Mexico Super Lawyers by Southwest Super Lawyers®. Chambers USA reports George is recognized by clients for being "extremely thoughtful and collaborative."

George has served as Chair of the Employment Practice Group and currently serves as the firm's Co-General Counsel. He previously served on the firm's Executive Committee.

Education

  • University of New Mexico School of Law, J.D., 1987, cum laude
  • Stanford University, A.B. in Political Science, 1970

Bar Admissions

  • New Mexico 1987
  • U.S. Court of Appeals for the Tenth Circuit 1988
  • U.S. District Court for the District of New Mexico 1987

Practice Areas

Recognition

Experience

  • Successful defense of San Juan Coal Company against the charges of sex discrimination filed by the EEOC on behalf of a female equipment operator, alleging that the company discriminated against the employee on the basis of her gender by failing to provide training in order to be able to advance within the company. The court granted the employer's motion for summary judgment as to all of the claims asserted in the complaint and awarded costs to the employer. See EEOC v. San Juan Coal Company.

  • Regularly assists employer clients by conducting training on various aspects of employment law to help ensure that the employers' policies and workplace practices comply with applicable law. Assisted BHP Navajo Coal Company and the San Juan Coal Company in conducting comprehensive training to augment the clients' anti-sexual harassment policies. This training involved approximately 50 two-hour sessions over a two-week period. Assisted our client in preparing training materials and designing training sessions for both management level and hourly employees.

  • Assisted the City of Farmington, New Mexico with training in the areas of sexual harassment prevention, diversity and cultural sensitivity. Prepared training materials in concert with the City's Human Resources professionals and presented program to the City's Electrical Department workers.

  • Prepared a comprehensive training program for supervisors employed by BHP Navajo Coal Company and San Juan Coal Company in issues relating to the Americans with Disabilities Act, the Family and Medical Leave Act and other laws involving injuries or medical issues relating to employees.

  • The U.S. District Court granted summary judgment for the employer in a race discrimination case arising out of a reduction in force at the Chino Mine facility near Silver City, New Mexico. See Madrid v. Phelps Dodge.

  • The U.S. District Court granted summary judgment in favor of the employer in a "reverse discrimination" case. See Donovan v. Phelps Dodge.

  • The U.S. District Court granted summary judgment in favor of the employer in a race discrimination case arising out of a failure to comply with employer safety policies. See Lopez v. Freeport-McMoRan Tyrone Mining.

  • A city councilman sued for defamation as a result of an editorial appearing in the local newspaper. The New Mexico Court of Appeals reversed the district court and ordered summary judgment in favor of the newspaper, ruling as a matter of law that the statements were not defamatory. See Mendoza v. Gallup Independent.

  • Obtained jury verdict in favor of employer in breach of employment contract/whistleblower case in United States District Court. See Ontiveros v. Biotest Pharmaceuticals.

Activities

Professional Activities

  • American Bar Association
  • Albuquerque Bar Association
  • Employment Law Alliance
  • H. Vearle Payne Inn of Court
  • National Association of School Board Attorneys
  • New Mexico Board of Legal Specialization, Employment Law Specialist, 2004-present
  • New Mexico Supreme Court Subcommittee for Uniform Jury Instructions
  • State Bar of New Mexico, Committee on Alternate Dispute Resolution
  • University of New Mexico School of Law, former adjunct professor

Modrall Sperling Activities

  • Co-General Counsel
  • Chair, Employment Law Practice Group, 2003-2014
  • Associates Committee
  • Executive Committee, former member

Discourse

Articles

Publication

"Staying on Top of New Developments in Employment Law to Avoid Management Liability Litigation," Protecting Corporations Against Management Liability Claims, 2013 Thompson Reuters/Aspatore (co-authored with Karen L. Kahn)

Honors

  • Chambers USA Directories of America's Leading Lawyers for Business in Labor & Employment, 2010-present
  • Best Lawyers® 2016 Employment Law-Management "Lawyer of the Year" in Albuquerque
  • Best Lawyers® 2013 Litigation-Labor and Employment "Lawyer of the Year" in Albuquerque
  • Best Lawyers in America® in the areas of Education, Labor & Employment Law, and Litigation-Labor and Employment, 2010-present
  • Benchmark Litigation The Definitive Guide to America's Leading Law Firms and Attorneys, Litigation Star, 2013-present
  • Martindale Hubbell AV® Preeminent Peer Review Rated
  • Southwest Super Lawyer®, (derived from a lawyer survey), 2007-present; Top 25 New Mexico Super Lawyers, 2014, 2015

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