Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm's Executive Committee. He is Chair of the firm's Labor and Employment Practice Group, which in 2012 was recognized as the nation's top employment group by The American Lawyer. He is also Chair of the firm's Administrative Law and Regulatory Practice Group and a member of its Appellate and Constitutional Law Practice Group. Mr. Scalia has a national labor and employment practice handling a broad range of matters involving the National Labor Relations Act, ERISA, sexual harassment and the anti-discrimination laws, and the many statutes administered by the Department of Labor. He previously served as Solicitor of the U.S. Department of Labor, the Department's principal legal officer with responsibility for all Labor Department litigation, including ERISA, the Family and Medical Leave Act, the minimum wage and overtime provisions of the Fair Labor Standards Act, and the Occupational Safety and Health Act. In private practice, representative employment matters include: · NLRB v. The Boeing Company, Case 19-CA-32431 - Represented company in closely-watched case regarding new South Carolina facility. · Cumbie v. Woody Woo, Inc., 596 F.3d 577 (9th Cir. 2010); Tang v. Wynn Las Vegas, LLC, No. 2:09-CV-01243 (D. Nev. 2010) - Filed influential amicus brief in Ninth Circuit tip-pooling case, to rebut brief by Labor Department; Ninth Circuit victory then used to secure dismissal of separate district court collective action case brought on the same legal theory. · Colson v. Avnet, Inc., 687 F.Supp.2d 914 (D. Ariz. 2010) - Defeated nationwide FLSA collective action and obtained 12(b)(6) dismissal of state law class claims with no discovery, in case involving sales and marketing representatives. · Hohider v. UPS, 574 F.3d 169 (3d Cir. 2009) - Vacated largest ADA class ever certified. · Bath Marine Draftsmen's Assoc. v. NLRB, 475 F.3d 20 (1st Cir. 2007) - Tried and successfully appealed to the Board and First Circuit this leading case on labor contract modifications. · EEOC v. UPS, 306 F3d 794 (9th Cir. 2002); 424 F.3d 1060 (9th Cir. 2005) - Trial and two successful appeals in nationwide EEOC challenge under the ADA to a company's physical qualification requirements for drivers. · Representation of companies and audit committees in many Sarbanes-Oxley "whistleblower" matters, including internal investigations and proceedings before the Department of Labor, administrative law judges, and the federal courts. Mr. Scalia also has handled a range of appellate and regulatory matters, with particular concentration in litigation involving federal administrative rulemaking. Representative matters include: · Business Roundtable v. SEC., 647 F.3d 1144 (D.C. Cir. 2011) - Successful challenge to SEC's controversial 'proxy access' rule, regarding election of corporate directors. · American Equity Inv. Life Ins. Co. v. SEC, 613 F.3d 166 (D.C. Cir. 2010) - Successful challenge to SEC rule regulating fixed indexed annuities. · Retail Industry Leaders Ass'n v. Fielder, 475 F.3d 180 (4th Cir. 2007) - Successful ERISA preemption challenge to controversial Maryland law that required increased expenditures on employee health care. · Chamber of Commerce v. SEC, 412 F.3d 133 (D.C. Cir. 2005), and Chamber of Commerce v. SEC, 443 F.3d 890 (D.C. Cir. 2006) - Two successful challenges to SEC's controversial mutual fund "governance" rule. · United States Telecom Association, et al. v. F.C.C., 227 F.3d 450 (D.C. Cir. 2000) - Successful challenge to Federal Communications Commission regulation regarding telecommunications surveillance by law enforcement authorities. · U.S. Chamber of Commerce v. U.S. Dept. Labor, 174 F.3d 206 (D.C. Cir. 1999) - Successful challenge under Administrative Procedure Act to "Cooperative Compliance Program," one of largest enforcement programs in OSHA's history. Mr. Scalia is the author of more than twenty articles and papers on labor and employment law, constitutional law, and other subjects. In 2007 he was named one of the 50 top litigators in the country under age 45 by American Lawyer. He is listed in Who's Who in America and is identified as a leading labor and employment lawyer in Chambers, The Legal 500, The Best Lawyers in America®, PLC's Which Lawyer?, and other publications. Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department's Edmund J. Randolph Award. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter to Education Secretary William J. Bennett before attending law school. He has been a Lecturer in labor and employment law at the University of Chicago Law School. Publications Sarbanes-Oxley Whistleblower Provision Does Not Cover Employees of Non-Public Companies, First Circuit Rules, Client Alert, Feb 6, 2012 8th Annual Webcast Briefing on Challenges in Compliance and Corporate Governance, Webcast, Jan 10, 2012 Webcast: The Proxy Access Decision: Implications for Dodd-Frank and Other Agencies' Rulemakings, Webcast, Sep 20, 2011 D.C. Circuit Vacates Securities and Exchange Commission's Proxy Access Rule, Client Alert, Jul 22, 2011 Whistleblower Protection Under the SEC's New Dodd-Frank Regulations: A Practical Guide for Employers, Article, Jun 17, 2011 Webcast: The New SEC Whistleblower Rules, Webcast, Jun 8, 2011 SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank , Client Alert, May 31, 2011 White House Gives Federal Agencies Additional Guidance on Reviewing Existing Regulations, Client Alert, May 3, 2011 U.S. Department of Labor Amends Regulations Regarding Employee Tips, Creating Direct Conflict with Ninth Circuit, Client Alert, Apr 12, 2011 OSHA Announces Temporary Retreat Regarding Noise and Musculoskeletal Initiatives, Client Alert, Feb 9, 2011 Presidential Executive Order on Regulation Suggests U.S. Rulemakings Will Be Examined More Closely, Client Alert, Jan 21, 2011 U.S. EEOC Issues Final Regulations Implementing the Genetic Information Nondiscrimination Act, Client Alert, Dec 21, 2010 SEC Proposes New Dodd-Frank Whistleblower Rule, Article, Nov 17, 2010 U.S. SEC Proposes and Seeks Comment on New Dodd-Frank Whistleblower Rule, Client Alert, Nov 5, 2010 Proxy Access Litigation and Next Steps, Client Alert, Oct 8, 2010 Occupational Safety and Health Administration Announces Stringent Enforcement Policy, Client Alert, Apr 26, 2010 U.S. Department of Labor Attempts to Alter Overtime Requirements for Certain Financial Industry Employees Through Novel Use of "Administrator's Interpretation," Rather Than Through Ordinary Rulemaking or An Opinion Letter, Client Alert, Mar 29, 2010 Department of Defense Announces Defense Contract Provisions Prohibiting Contractors' Use of Arbitration Agreements for Certain Employee Disputes, Client Alert, Feb 24, 2010 Second Circuit Issues Wage-Hour "Administrative/Production Dichotomy" Decision Out of Step with Other Circuits, Client Alert, Dec 9, 2009 Labor Department Ruling Confirms Limited Scope of Sarbanes-Oxley "Whistleblowing", Client Alert, Nov 11, 2009 Labor Department Proposes Rules Requiring Government Contractors to Post Notice of Unionization Rights, Client Alert, Aug 10, 2009 Third Circuit Issues Important Decision Regarding Class Certification and Americans with Disabilities Act, Client Alert, Jul 24, 2009 Supreme Court Rejects Mixed-Motive Framework for Age Discrimination Claims, Client Alert, Jun 22, 2009 OSHA Authority and Penalties Expected to Increase Greatly Under Proposed Legislation, Client Alert, Apr 30, 2009 Supreme Court Upholds Arbitration Requirement in Collective Bargaining Agreement, Client Alert, Apr 1, 2009 Ninth Circuit Declines En Banc Review of San Francisco Mandated Health Care Law; Supreme Court Review Possible, Client Alert, Mar 9, 2009 Webcast Briefing: Labor and Employment Law in the Obama Administration: New Laws, New Policies, Webcast, Feb 20, 2009 Three Executive Orders Signed Friday Increase Employment Requirements on Federal Contractors, Client Alert, Feb 2, 2009 Labor and Employment Changes Expected in Obama Administration, Client Alert, Jan 9, 2009 "Whistleblower" Who Fails to Cooperate in Internal Investigation May Be Terminated, Labor Department Rules, Client Alert, Nov 18, 2008 Justice Department Proposes New "Public Accommodation" Requirements under Americans with Disabilities Act, Client Alert, Jun 27, 2008 Supreme Court Issues Two Important Age Discrimination Decisions, Client Alert, Jun 19, 2008 Out with the Old: Two major age discrimination cases are set to be heard in the US Supreme Court, Article, Apr 17, 2008 ERISA Stock-Drop and Fiduciary Breach Litigation Post-LaRue, Article, Apr 7, 2008 Supreme Court Addresses First of Numerous Issues Arising in ERISA "Stock Drop" Litigation, Client Alert, Feb 25, 2008 "Employee Free Choice Act" Would Implement Most Sweeping Labor Law Changes in Decades, Strengthening Unions' Hand in Both Organizing and Negotiations, Client Alert, Mar 14, 2007 Fifth Circuit Issues Important Decision on Class Certification in ERISA "Stock Drop" Fiduciary Breach Litigation, Client Alert, Feb 5, 2007 Fourth Circuit Holds Employer Health-Coverage Mandates Are Preempted, Strikes Down Maryland's "Anti-Wal-Mart Law", Client Alert, Jan 19, 2007 Ninth Circuit Finds Insurance Claims Adjusters Exempt from Overtime Under Fair Labor Standards Act, Client Alert, Oct 27, 2006 New Sarbanes-Oxley "Whistleblower" Decision Provides Important Clarification on Protected Activity, Client Alert, Oct 5, 2006 German Parliament Passes General Equal Treatment Act, Which Will Have a Considerable Impact on German Employment Practice, Client Alert, Jul 20, 2006 Recent Court Decisions Suggest Greater Latitude for ERISA Fiduciaries to Retain Company Stock as Investment Option, Client Alert, Jul 7, 2006 EEOC Approves Revisions to EEO-1 Employer Reporting Form, Client Alert, Nov 18, 2005 Supreme Court Clarifies Scope of Compensable Workday Under the Fair Labor Standards Act, Client Alert, Nov 9, 2005 Decision Defines When Analyst Has Engaged in 'Whistleblowing' Under Sarbanes-Oxley, Client Alert, Aug 4, 2005 Judge Rules Against Company In First Sarbanes-Oxley "Whistleblower" Trial, Client Alert, Feb 6, 2004 It's a Job for Labor - The SEC isn't the only agency enforcing Sarbanes-Oxley, Client Alert, May 19, 2003 The Whistleblower Provisions of The Sarbanes-Oxley Act Of 2002, Client Alert, Mar 31, 2003 |