Practice/Industry Group Overview
Hill Farrer defends employers and their management in all manner of employment litigation.
We represent clients through all phases and types of employment litigation, ranging from individual charges and cases to large-scale class and collective actions. Our employment litigators have the breadth of experience and knowledge to successfully represent employers regardless of whether a claim is litigated in an administrative, judicial or arbitral forum. The firm’s attorneys have successfully defended a broad spectrum of cases, including claims made under federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA) , the Fair Labor Standards Act (FLSA), and the Worker Adjustment Retraining and Notification Act (WARN), as well as cases alleging violations of California’s unique anti-discrimination and wage laws. Our lawyers routinely defend claims of employment discrimination, harassment, retaliation, wrongful discharge, wage and hour violations, entitlement to employee benefits, misappropriation of trade secrets and confidential information, unfair competition, labor-management disputes, defamation and other employment-related torts.
Although we try a large number of cases every year to arbitrators, judges and juries, the vast majority of cases are resolved when we win summary judgment or achieve an early settlement consistent with the client’s objectives and instructions. Normally, it is possible to prepare a game plan directed toward summary judgment or settlement within the first several weeks after the filing of the complaint or receipt of a demand. We attempt to control the focus and pace of every case from the outset by adhering to a handful of essential guidelines.
First, we conduct an early case analysis. We interview the key witnesses and collect the key documents. This preparation not only helps us litigate to win (if that is the client’s objective), it also helps us assess weaknesses in cases and settle them cost-effectively at the earliest possible stage before our adversaries have mastered the facts and before our clients have incurred substantial fees. We also are vigilant in helping employers to compel cases to arbitration when appropriate, a crucial strategic decision that should be made at the earliest possible time.
Second, we collaborate with our in-house contacts to form a unique strategy for each case. We work with management, in-house counsel and our clients’ insurers on early analysis and strategy and can provide associated case budget estimates. We staff our cases lean, generally with one partner and one experienced associate.
Third, despite the individuality of each case, we recognize that there is no value in “reinventing the wheel.” We leverage our deep expertise with cutting-edge technology and an extensive library of battle tested work product from previous similar cases to streamline the implementation of the chosen strategy in your case.
With this approach, we can help employers define what counts as a “win” in each case, and we can then help them achieve that outcome, whether it is cost-effectively telling the employer’s side of the story to an experienced arbitrator or a jury, or whether it is settling a case early at a fraction of the total cost of going to trial.