Catastrophic workplace injuries, illnesses and environmental emergencies require immediate and competent response and representation. Mr. Mallen has spent 30 years immersed in heavy industry, manufacturing, environmental brownfields restoration and associated regulatory enforcement. His “boots on the ground” experience, having served as owner, executive and in-house legal counsel for heavy manufacturers and brownfields developers, provides practical, real world experience to his clients, offering a unique perspective of client needs and the risks associated with Federal, state and local regulators and enforcement authorities. In addition to being called upon by the United States House of Representatives to testify about, and to assist in, the reform of Federal CERCLA “Superfund” laws, Mr. Mallen co-chairs the firm’s Workplace Safety/OSHA Group. Mike and his team have successfully managed and resolved a multitude of workplace safety and health and environmental enforcement matters for local and national clients.
Mike’s extensive Administrative Law experience makes him uniquely adept and confident when appearing before both regulatory and elected bodies to solve clients’ legal, regulatory and land-use issues. Mallen has testified before the United States House of Representatives on the subject of Federal Environmental Legislative Reform and is a lecturer and panel speaker at Tennessee Department of Environment and Conservation (“TDEC”) conferences, as well as speaking to management groups and trade associations on the topic of OSHA Health and Safety and Environmental Compliance for manufacturers, developers, contractors and commercial business.
- Represented national bridge and highway construction contractor in OSHA enforcement action related to multiple fall fatalities at an interstate highway bridge construction site. Managed all OSHA investigation and enforcement aspects of this matter and negotiated favorable OSHA settlement, including downgrade of "willful" gravity citation and $37,000 penalty reduction.
- Multiple representations, defenses and resolutions for diverse group of manufacturers relating to chemical explosions, highly hazardous chemicals, process safety management, engineering controls and general safety citations. Representations have included interactions with Worker's Compensation and general liability and third-party insurance carriers and insurance investigations.
- Obtained Governmental approval for first ever Tax Increment Financing (TIF) project in Chattanooga and Hamilton County, Tennessee for construction of a $9 million mountain road and related infrastructure as part of a $500+ million, 3,000 acre mixed use development project.
- Represented regional industrial contracting company in connection with employee fatality at multi-employer manufacturing worksite. Assisted client with emergency response to fatality, interacted with medical examiner, and managed client's OSHA fatality investigation including disputed cause of death, insurance claims, citation matters and sensitive interactions with other employer parties.
- Led a team of attorneys and real estate professionals in the acquisition and assembly of 141 acres of industrial foundry property at the Tennessee River/I-24 Gateway to Chattanooga, including approval of a $35 million interstate exit and a 3-mile, $15 million extension of the Chattanooga Riverwalk.
- Represented regional bridge contractor in connection with employee fatality caused by collapse of crane apparatus during interstate construction project. Assisted client with emergency response, interaction with Department of Transportation, insurance matters and OSHA investigation.
- Structured the redevelopment of an industrial landfill into a 160,000 square foot operations facility operated by a public world-wide logistics company.
- Represented regional highway and bridge construction company in MSHA enforcement matter at a regulated mine site. Negotiated complete elimination of significant and substantial "S&S" gravity citations, resulting in a nominal penalty.
- Negotiated transportation and public infrastructure tax and development incentives in excess of $100 million commercial and retail projects in multiple states for a publicly traded company.
- Founded a full service steel fabrication manufacturer of processing, pollution control and material handling equipment and infrastructure for steel mills, foundries and other heavy manufacturers.
- Assisted in planning, installation and operation of the largest automobile Mega Shredder facility in North America.
- J.D., University of Tennessee, 1987
- B.S., magna cum laude, Business Administration, University of Tennessee, 1984
- Admitted to state and Federal courts in Florida
- Admitted to state and Federal courts in Tennessee
- Called upon by the United States House of Representatives to testify about, and to assist in, the reform of Federal CERCLA “Superfund” laws
- Quoted by Bloomberg Report Regarding OSHA Issues in the NFL
- Twice named "One of Tennessee's Most Influential People in Commercial Real Estate" by Business Tennessee Magazine
- U.S. Congressional Valley Corridor Summit – Past Treasurer and Board Member
- Chattanooga Bar Association
- Tennessee Bar Association
- Chattanooga Municipal Airport Authority - Board Secretary and Member of Board of Commissioners
- University of Tennessee College of Nursing - Past Board Member
- City of Chattanooga, Animal Control Board - Chair (2013-2016)
- City of Chattanooga Mayor's Office, Brownfields Task Force
- Chattanooga City Council, Blue Ribbon Stormwater Regulations Panel
- CHI Memorial Hospital, Board Planning Committee - Past Member
- Children's Advocacy Center - Past President
- Chattanooga Regional History Museum - Past President
- City of Chattanooga Mayor's Office, Recycling Task Force - Chair
- University of Tennessee Knoxville, College of Nursing Advisory Board - Board Member, 2011
- Miller & Martin Represents PlayCore in Acquisition of Sport Surface Specialties
- Miller & Martin Represents PlayCore in Acquisition of Alta Enterprises
- Mike Mallen Quoted in Chattanooga Times Free Press
- Miller & Martin Represents PlayCore in Acquisition of Playcraft Systems
- Mallen Quoted in Chattanooga Times Free Press
- Miller & Martin Represents PlayCore in Acquisition of Worlds of Wow
- Mallen and Hyde Included in September Issue of Edge
- Being Prepared, Chattanooga Magazine
- Mike Mallen Quoted in the Chattanooga Times Free Press Regarding Tennessee Fracking Rules
- Mike Mallen Featured in Edge Business Magazine
- Mike Mallen Quoted by Bloomberg Report Regarding OSHA Issues in the NFL
- OSHA Penalty Increases
- 'Tis the Season for a Reminder about the Human Element of Workplace Health & Safety Programs
- OSHA's New Crystalline Silica Standard is Now Being Enforced for Construction
- Attention Dental Offices - Are You Ready for TOSHA?
- A Reminder to Employers of the August 10 OSHA Compliance Deadline
- Preparing for the MANDATORY Digital Age of Workplace Injury Reporting
- "The MESS"
- Are You Prepared For An Unannounced OSHA Inspection?
- The Truth Will Set (And Keep You) Free - Making False Statements to an OSHA Inspector Can Result in Criminal Charges
- Are You and Your Employees Prepared to Evacuate or Lockdown Your Facility?
- Why Are OSHA Inspectors In My Lobby, And What Should I Have Already Done To Be Prepared?
- Mallen to Present and Serve as Brownfields Tour Faculty at Environmental Show of the South
- OSHA Health and Safety Law Update | Chattanooga
- Mallen to Speak at Marion County Manufacturers Association
- Mallen to Speak at 45th Annual Environmental Show of the South
- Humphrey and Mallen to Speak at Tennessee Association of Manufacturers' 2015 Environment, Health & Safety Summit
- Mallen to Speak on OSHA Compliance and New Developments
- Mallen to Speak at Air & Waste Management Association-Southern Section's 2015 Conference
- Brunetz and Mallen to Speak at Cleveland/Bradley Chamber of Commerce
- Employment Law - What's New for 2015, SHRM Chattanooga
- Caraway and Mallen to Speak at Tennessee Association of Manufacturers
- Mallen & Humphrey to Speak at Environmental Summit
- Miller & Martin Attorneys to Speak at SHRM Chattanooga
- TDEC's 43rd Annual Environmental Show of the South
- Mike Mallen to Speak at the Society of Environmental Journalists' 23rd Annual Conference
- Human Resource Law: What You Need to Know Now, National Business Institute
- Annual Legal Round Table, Society for Human Resource Management (SHRM) Chattanooga
- TOSHA Health and Safety Compliance, TDEC's 42nd Annual Environmental Show of the South
I spent my teenage years working part time in scrap and salvage yards cutting iron and operating cranes and forklifts. I have completed 3 saltwater Half-Iron Man events, successfully swimming with the sharks.