M. Blake Downey
Associate Attorney

M. Blake Downey

Associate Attorney

Contact Info

   915.546.8237
  915.546.8333
  E-Mail M. Blake Downey
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Areas of Concentration

Commercial Litigation
Labor & Employment
Employment Practices Liability
Education

Education

Texas Tech University
Juris Doctor

Texas Tech University
Master of Business Administration – Business Management

New Mexico State University
Bachelor of Arts – Communication Studies
Bachelor of Arts – Law & Society
cum laude

Admissions & Qualifications

State Bar of Texas

State Bar of Kentucky

United States District Court
Western District of Kentucky




Associate attorney Blake Downey practices in the ScottHulse Litigation, Labor & Employment, and Education Law groups. He works proactively with employers to reduce risk of litigation and helps employers and insurers defend against complaints and claims lodged by employees.

Blake routinely advises commercial, non-profit, and educational employers regarding employee handbooks, policies, and day-to-day employment matters. Blake has assisted several companies develop comprehensive employment policies and training programs to ensure employers engage in proactive management to help reduce exposure to litigation. He has worked with numerous employers to successfully resolve a variety of claims including discrimination, workers’ compensation, and unemployment claims, oftentimes before an employee files suit against his clients. Blake also works with both union and non-union employers regarding issues related to labor laws and developing collective bargaining agreements.

Blake has successfully represented numerous clients before the Texas Workforce Commission, Equal Opportunity Commission, National Labor Relations Board, Equal Opportunity Commission, and State and Federal Courts.

Blake also works in the firm’s commercial litigation section where he handles a variety of cases including consumer-related actions, contract disputes, and construction claims.

Prior to joining ScottHulse, Blake served as the Director of Human Resources and in-house counsel for a large automotive group with dealerships located nationwide. Blake oversaw employee benefits administration, conducted employee investigations, developed management training, prepared and implemented employee handbooks and policies, instituted employee hiring and termination guidelines, and provided oversight to outside counsel in employment litigation.

Blake earned his Doctor of Jurisprudence and Master of Business Administration from Texas Tech University. While at Texas Tech School of Law, he served as an articles editor for the Texas Tech Law Review and was elected to the Board of Barristers.

A proud, native El Pasoan, Blake attended Burges High School and New Mexico State University, where he graduated cum laude with a Bachelor of Arts degrees in Communication Studies and Law & Society.

Regarding community engagement, Blake is a member of several professional organizations including the El Paso Bar Association, El Paso Young Lawyers Association, and currently serves on the the Young Lawyers Committee of the Texas Association of Defense Counsel. Blake also serves as the General Counsel and on the Board of Directors of the Rudi Foundation, a non-profit dedicated to sarcoma cancer research, the Board of Directors of The El Paso Club, and is the Immediate Past President of the El Paso Chapter of the Texas Tech Alumni Association. He is also a member of the Lambda Chi Alpha Alumni Association.


Representative Matters
  • Advise employers regarding the revision of their employee handbook and implementing proactive management techniques to reduce litigation risk.
  • Advise employers regarding day-to-day employment matters including leave requests, disciplinary measures, and employee conflicts.
  • Successfully defended numerous employers against race discrimination claims before the EEOC and TWC.
  • Successfully defended numerous employers against sex discrimination claims before the EEOC and TWC.
  • Successfully defended numerous employers against workers’ compensation and unemployment claims before the TWC.
  • Advise government contractors on Union related matters and successfully defended contractors against unfair labor charges brought by the National Labor Relations Board.
Representative Cases

Silva v. YISD (State Court). Plea to the Jurisdiction (Motion to Dismiss) granted, successfully dismissing age and retaliation claim.

KClean/SweepRite Inc. v. IUOE Local 351 (NLRB Action). Assisted in successfully negotiating Collective Bargaining Agreement with Union and the National Labor Relations Board along with obtaining dismissal of unfair labor practice charges.

High Desert Capital v. Soto, et. al. (State Court). Motion for Summary Judgment granted, successfully obtaining a six-figure judgment for client.

Presentations

Department of Labor 2016 Overtime Rule Changes. Lecture presented at ScottHulse 2016 Department of Labor Rules Update in El Paso, Texas. (2016)

Well, it’s Groundhog Day… Again: Steps to Avoid Multiple I-9 Revisions. Presented at the ScottHulse Eighth Annual Labor & Employment Seminar. (2016)

Catch Me If You Can: How to Keep Up in the Changing Landscape of the NLRA. Presented at the ScottHulse Eighth Annual Labor & Employment Seminar. (2016)

Labor Relations and What’s New with the National Labor Relations Act?. Lecture presented to the El Paso Society of Human Resource Management. (2015)

Post-Game Highlights: State and Federal Employment Case Law Updates. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas. (2015)

Same-Sex Marriage and Emerging LGBT Issues in the Workplace. Lecture presented at the El Paso Bar Association Labor & Employment Seminar in El Paso, Texas. (2015)

Publications

Lewis, C.L., Strange, D., & Downey, M.B. (2012) “Why Arizona Senate Bill 1070 is Constitutional and not preempted by Federal Law.” U. Det. Mercy L. Rev., 89, 283.

Organizations

Texas Association of Defense Counsel (Young Lawyer’s Committee)

Rudi Foundation (General Counsel and Board of Directors)

El Paso Club (Board of Directors)

Texas Tech Alumni Association – El Paso Chapter (Immediate Past President)

El Paso Bar Association

El Paso Young Lawyers Association

Lambda Chi Alpha Alumni Association

State Bar of Texas