About the Founder: Timothy O'Brien

Mr. O’Brien began his legal career with the United States Army, where he served as a prosecutor before moving on to become the employment counsel for an Army agency that employed over 10,000 civilian staff members. After dedicating four and a half years to active duty, he transitioned to private practice, focusing primarily on employment discrimination law—a specialty that remains a vital part of his practice today.

In the early 1990s, Mr. O’Brien expanded his expertise by providing legal guidance on issues related to collegiate athletics, with a particular focus on Title IX compliance. His foundational work in this area led to significant contributions, including co-authoring a key law review article on Title IX in collegiate athletics in 1995, followed by another article in 1996 that addressed pay equity for college coaches.

As Mr. O’Brien’s work in collegiate athletics increased, the NCAA recognized his expertise and began inviting him to present at their annual Title IX conferences in the latter half of the 1990s. He addressed various legal issues and developments concerning Title IX, participating in these pivotal discussions at the NCAA Inclusion Forum. His engagement with the NCAA extended into the early 2000s, and he continued to present at these conferences from 2008 to 2016.

In addition to his contributions to the NCAA, Mr. O’Brien expanded his influence on a national level by becoming active in the American Bar Association within the Tort and Insurance Practice Section. His dedication to this section led him to chair the Sports Law Committee in 1995, and he remained actively involved for several years.

During this tenure, he co-authored two law review articles addressing contemporary issues in sports law and chaired presentations at national meetings on significant legal developments in the field in 1996 and 1997.

In 2000, the National Association of College and University Attorneys featured Mr. O’Brien’s law review article on Title IX in its comprehensive publication, A Practical Guide to Title IX in Athletics: Law, Principles, and Practices. This marked a notable recognition of his expertise in the field.

In 2004, Mr. O’Brien further solidified his status as a thought leader by co-authoring the book Managing Legal Issues in College Athletics, published by LRP Publications, a company deeply engaged in higher education and collegiate athletics.

In 2005, the NCAA requested Mr. O’Brien and a colleague to draft a comprehensive manual on Title IX as it pertains to collegiate athletics. This manual serves as a vital resource for university attorneys, athletics administrators, coaches, and student-athletes. Mr. O’Brien co-authored the NCAA publication titled Gender Equity in Collegiate Athletics, which was published annually for many years.

In 2009, he continued to contribute to the discourse on pay equity in college athletics by co-authoring another law review article that examined developments in the law since his earlier publication on the topic.

In 2010, the NCAA requested Mr. O’Brien to revise and update Gender Equity in Collegiate Athletics to reflect the evolving legal landscape. He co-authored this updated publication, ensuring it remained a relevant resource for stakeholders in collegiate athletics.

In the same year, the Ninth Circuit Court of Appeals issued an opinion in Mansourian v. Regents of the University of California, 594 F.3d 1095 (9th Cir. 2010). This opinion potentially misrepresented or sought to alter established law regarding the counting of participation opportunities for Title IX compliance in collegiate athletic programs.

When the University filed a petition for rehearing on this and related issues, Mr. O’Brien represented the NCAA and several universities by submitting an amicus brief. This brief elucidated the appropriate methodology for counting participation opportunities in collegiate athletics.

While the University’s petition was ultimately denied, the Court of Appeals later issued an amended opinion that adopted the counting methodology proposed by Mr. O’Brien and his colleague, resulting in Mansourian v. Regents of the University of California, 602 F.3d 957 (9th Cir. 2010).

From 2009 to 2015, Mr. O’Brien served as co-editor and contributor to a daily website service that summarized and analyzed recent developments in collegiate athletics from both business and legal perspectives.

For many years, he has been a key contributor to College Athletics and the Law and has also served on the Advisory Board of the publication, as well as on the Campus Legal Advisor for both platforms, which are published by John Wiley & Sons. These publications delve into monthly legal issues affecting collegiate athletics and university environments, further showcasing Mr. O’Brien’s commitment to advancing legal scholarship in the field.

Mr. O’Brien has extensive experience in Title IX as it pertains to collegiate athletics, providing substantive advice and analysis on a variety of critical legal issues. His areas of expertise include:

• Accommodation of Interests
• Participation Rights
• Athletics-Related Financial Aid
• Treatment Issues
• Employment and Discrimination Matters
• Compensation Disputes
• Sexual Violence Issues

In his role, Mr. O’Brien has represented and advised a diverse clientele, including coaches, athletics administrators, parents, student-athletes, institutions, and conferences. He has conducted and participated in Title IX audits, investigations, and reviews at all NCAA Division levels, as well as at NAIA schools.

Since 2016, Mr. O’Brien has also served as an expert witness in numerous Title IX court cases. His involvement includes notable cases such as:

• Burns v. San Diego State University
• Pacheco v. Saint Mary’s University
• Miller v. University of Minnesota System, et al.
• Portz v. Saint Cloud State University
• Balow v. Michigan State University
• Anders v. California State University, Fresno
• McGowan v. Southern Methodist University
• Fisk v. San Diego State University
• Grant v. Concordia University Irvine

In addition, he was jointly selected by both Plaintiffs and Defendants as an independent reviewer and assessor of Title IX issues within the athletics department in Cash v. Guilford College, which was part of a mediation effort that successfully resulted in a settlement.

Mr. O’Brien brings a wealth of experience in employment law, having represented clients across a diverse range of issues, including:

• Wrongful Termination and Discrimination Claims
• Harassment and Retaliation Claims
• Wage and Hour Disputes
• Non-Competition Matters
• Theft and Misappropriation of Trade Secrets and Proprietary Information
• Contract Disputes
• Whistleblower Claims
• OSHA Citations
• Labor Law Issues

His extensive practice spans throughout New England, where he has conducted numerous internal investigations and successfully tried cases in both state and federal courts.

Mr. O’Brien is licensed to practice law in several states, including Massachusetts, New Hampshire, Maine, Pennsylvania, and New Jersey.

He is a proud alumnus of the University of Notre Dame and holds a law degree from the New England School of Law. Additionally, Mr. O’Brien served honorably for four years on active duty in the United States Army Judge Advocate General’s Corps, which further enhances his legal expertise and commitment to public service.