Gail Westover, a member of Sutherland's Litigation Practice Group, has more than 12 years of legal experience in federal and state court litigation and in arbitration. Her litigation experience is broad based, covering several substantive areas including energy, insurance, reinsurance, construction law, employment law, intellectual property, and general contract disputes. Gail recently completed a seven-week jury trial litigating a trade secret misappropriation case in California against a major pharmaceutical company in which her client was awarded $38 million. Gail has also been involved in other trials and hearings in the state and federal courts of several states including Delaware, the District of Columbia, Florida, Indiana, Maryland, Mississippi, Nevada, North Carolina, Pennsylvania, Texas and West Virginia. She has conducted arbitrations in the District of Columbia, Pennsylvania and New York. Prior to joining the firm, Gail worked for the National Treasury Employees Union for seven years where she served in several capacities, including Director of Membership and Benefit Programs. Representative Experience Gail's recent representative experience includes: · Obtaining a $38 million verdict against a major pharmaceutical company for misappropriation of trade secrets. · Representing an energy client in litigation involving anticipatory repudiation and breach of contract, specifically the interpretation of a force majeure clause. · Representing a purchaser of a nuclear business in a dispute regarding the completion of remediation of a nuclear facility. The arbitrators awarded the client more than $15 million after several arbitration hearings spanning more than five years. · Successfully defending a major insurance company at trial and on appeal from fraud claims arising out of the sale of a medicare supplement business. · Defending two major insurance companies and a major consumer finance company in several putative class-action lawsuits. · Representing a project manager in a contract dispute relating to the completion of the remediation of radiological contamination at a former nuclear facility. The arbitrators awarded the client almost $3 million, nearly the entire amount the client was seeking. · Representing a mechanical subcontractor in claims against the contractor and owner for delay, acceleration costs and extra work incurred during the construction of multiple power plants. · Advising a contractor regarding potential litigation involving the design and installation of an international nuclear power plant project. · Representing the fiduciary in risk assessment and litigation arising from the construction of a $600 million mixed-use resort in Florida. Professional and Community Involvement · Member, American Bar Association · Member, Women's Bar Association of DC · Co-chair, Golf Classic, Women's Bar Association of DC (2008) · Member, Board of Directors, Women Empowered Against Violence Everywhere (WEAVE) Recent Publications and Speaking Engagements · Co-author, "Supreme Court's 2009-2010 Term Sets Up Showdown Over Class-Action Waivers in Arbitration Agreements," Westlaw Journal Class Action © 2010 Thomson Reuters (September 2010) · Co-author, "No Class Arbitration on Parties Who Are Silent on the Issue," the ABA Section of Litigation, Professional Liability Committee (June 2010) · Co-author, "Lessons Learned From Worker Classification Cases," Employment Law360 (November 14, 2008) · Presenter, "Settling Disputes," The Masters Institute in Construction Contracting, Hilton Head, South Carolina (July 2008) Industries Construction Financial Services Retirement Products and Services News Sutherland Receives 2011 Corporate Stewardship Award During WEAVE's 15th Anniversary Gala
September 23, 2011 Sutherland Summary Judgment Affirmed by Eighth Circuit in Malicious Prosecution Case
July 25, 2011 Sutherland to Receive 2011 Corporate Stewardship Award during WEAVE's 15th Anniversary Gala
June 10, 2011 Sutherland Launches WorkerClassification.com
Web Site Addressing the Classification of Today's Workforce
April 28, 2009 Legal Alerts Legal Alert: Second Circuit Holds Class Action Waiver Unenforceable Where Individual Arbitration Would be Prohibitively Expensive
February 3, 2012 Legal Alert: Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration
January 12, 2012 Legal Alert: Illustration Disclosures Lead to Dismissal of Universal Life Insurance Class Action
November 29, 2011 Legal Alert: New Worker Classification Procedures Affect IRS/DOL Compliance and Enforcement Efforts
September 26, 2011 Legal Alert: Wal-Mart Stores, Inc. v. Dukes: Supreme Court Reshapes Class Action Certification
June 20, 2011 Legal Alert: Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State Superintendent of Insurance
May 3, 2011 Legal Alert: Supreme Court Holds That the Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
April 28, 2011 Legal Alert: U.S. District Court Retroactively Applies Dodd-Frank Whistleblower Restriction to Bar Arbitration Provision in Employment Agreement
March 11, 2011 Legal Alert: Second Circuit Holds Class Action Waiver Unenforceable in American Express Arbitration Agreement Despite the Supreme Court's Recent Decision in Stolt-Nielsen
March 10, 2011 Legal Alert: Third Circuit Holds that Arbitrator Must Decide Whether Parties Agreed to Class Arbitration
February 18, 2011 Legal Alert: Cost of Insurance Litigation - Recent Ruling on Meaning of "Mortality Experience" and Other Developments
February 7, 2011 Legal Alert: Motion to Dismiss ERISA Retained Asset Account Claims Denied
November 22, 2010 Legal Alert: New York's Highest Court Approves STOLI Policy Sales
November 18, 2010 Legal Alert: Supreme Court Hears Argument in Significant Consumer Arbitration Case
November 10, 2010 Legal Alert: Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period
October 21, 2010 Legal Alert: Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute
October 20, 2010 Legal Alert: Summary Judgment Granted for Defendant in Certified Deferred Annuity Class Action
October 8, 2010 Legal Alert: Supreme Court to Review Ability of Federal Courts to Enjoin Relitigation of Class Certification in State Courts
October 7, 2010 Legal Alert: Annuity Surrender Charge/MVA Disclosures Held Insufficient in California
October 6, 2010 Legal Alert: New Whistleblower Protections for Financial Service Employees
October 1, 2010 Legal Alert: Court Rejects Suit Alleging Fraud and Negligent Design in the Sale of Universal Life Insurance Policies
September 30, 2010 Legal Alert: Eighth Circuit Affirms Denial of Class Certification in Fixed Annuity Interest Crediting Case
August 30, 2010 Legal Alert: Lessons Learned as Court Denies Motion to Dismiss FLSA Collective Action That Alleges Financial Advisors Misclassified as Independent Contractors
August 18, 2010 Legal Alert: Class Certified in Action Involving Annuity Sales to Seniors
June 30, 2010 Legal Alert: Supreme Court: If Clearly Delegated the Task, Arbitrator Decides When Arbitration Agreement is Unconscionable
June 21, 2010 Legal Alert: District Court Rules on Stranger-Initiated Annuity Transactions
June 4, 2010 Legal Alert: Supreme Court to Consider Whether Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
June 1, 2010 Legal Alert: Supreme Court Holds that ERISA Does Not Impose "Prevailing Party" Requirement for Award of Attorneys' Fees
May 24, 2010 Legal Alert: Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue
April 28, 2010 Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants
April 5, 2010 Legal Alert: Broker's Wage and Hour Collective Action Dismissed in Favor of Enforcing Arbitration Agreement
February 10, 2010 Legal Alert: Supreme Court Hears Argument in Case Affecting Corporate Defendants' Access to Federal Courts
November 12, 2009 Legal Alert: Eleventh Circuit Renders Landmark Decision On Application of the Interstate Land Sales Full Disclosure Act to Condominium Purchaser Litigation in Florida
October 5, 2009 Legal Alert: Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified
August 31, 2009 Legal Alert: NAF Announces That It Will No Longer Arbitrate Consumer Disputes, and AAA Comes Tumbling After
July 27, 2009 Legal Alert: Class Certification Denied in Fixed Indexed Annuity Interest-Crediting Case
July 27, 2009 Legal Alert: Congress to Weaken Pleading Requirements?
July 24, 2009 Legal Alert: Ricci v. DeStefano: New Supreme Court Case Addresses Conflict Between Title VII's Anti-Discrimination and Disparate-Impact Provision
June 30, 2009 Legal Alert: House Legislation Proposes Up to 12 Weeks of Annual Paid Leave for U.S. Workers
April 9, 2009 Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors
March 9, 2009 Legal Alert: Class Decertification Denied in Action Involving Bonus Annuity Claims
March 2, 2009 Legal Alert: Class Certification Denied in Fixed Annuity Interest-Crediting Case
February 26, 2009 Legal Alert: First Circuit Allows ERISA Retained Asset Account Claim to Proceed
November 12, 2008 Legal Alert: Georgia Supreme Court Imposes Stricter Guidelines for Limitation of Liability Clauses in Contracts
November 12, 2008 Legal Alert: Congress Passes Legislation Which Will Require Contractors to Self-Report Violations of Criminal and Civil Laws
July 8, 2008 Legal Alert: Federal Court Bars Surety's Counterclaims Challenging Claim Under AIA A312 Payment Bond to the Extent That They Were Available During the 45 Days Following Receipt of Claim
June 12, 2008 Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor
April 21, 2008 Legal Alert: Federal Court Holds Surety Must Pay Entire Claim Where it Fails to Respond Adequately Within 45 Days as Required by AIA A312 Payment Bond
October 16, 2007 Publications Supreme Court's 2009-2010 Term Sets Up Showdown Over Class-Action Waivers in Arbitration Agreements
September 2010 Reprinted with permission Westlaw Journal Class Action © 2010 Thomson Reuters No Class Arbitration on Parties Who Are Silent on the Issue
June 2010 Reprinted with permission the ABA Section of Litigation, Professional Liability Committee. © 2010 by the American Bar Association Lessons Learned From Worker Classification Cases
November 14, 2008 Reprinted with permission Employment Law 360 Events The Masters Institute in Construction Contracting
July 2008 |