Labor & Employment Appeals

Lawyers in the Supreme Court & Appellate group represent clients in appeals involving the most important and complex questions in employment law today.

Our clients are at the forefront of innovation, and there’s nothing more important than the employees who drive that innovation. But when litigation over employment practices arises, we partner with our clients to tell their story. When Oracle took on the Department of Labor to justify its pay-equity practices, it turned to Orrick. So did Netflix, when it entered into an industry-shaping, Silicon Valley vs. Hollywood battle with Fox about employee mobility.

In handling these pathbreaking cases, we work hand in hand with the 70 lawyers in Orrick’s industry-leading Employment Law & Litigation practice. Repeatedly named the employment group of the year by publications like Law360 and The Recorder, they’re renowned for their deep knowledge of employment law and their courtroom savvy. Together we’ve represented clients like Microsoft and X (formerly Twitter) in high-stakes, high-profile appeals in which we defeated novel efforts to bring company-wide class actions. And we’ve prevailed on appeal for clients like SpaceX and Genentech in their highest-profile employment cases.

  • Successfully represented X (formerly Twitter) in one of the most closely-watched gender bias cases in the tech industry. The First District Court of Appeal upheld a lower court ruling that found plaintiff in Huang v. X (formerly Twitter) failed to establish a common factual predicate for the case to proceed as a class action under applicable state law.

    Successfully represented DISH in a petition for review of an adverse NLRB order finding DISH liable for an unfair labor practice.

    Represent Oracle in a massive pay equity class action in the California Supreme Court.

    Represented Microsoft in a massive high-profile employment discrimination class action. Our team defeated class certification in the district court and persuaded the trial court that Microsoft’s pay and promotion decisions are highly individualized and therefore cannot be resolved on a class wide basis. The employees appealed to the Ninth Circuit.

    Successfully represented Netflix in a headline-grabbing battle over alleged employee poaching and the enforceability of Fox's employment contracts.

    Represented Microsoft in a critical case affecting the immigration status of over 1,000 employees. After reviewing Microsoft’s brief, the federal government contacted Microsoft and offered to settle the case on favorable terms.