Employment Law & Litigation

We’ve secured important precedents in the wage and hour arena. And we bring deep subject area knowledge in areas most important to employers throughout the world.

Leading companies turn to us for help avoiding the courtroom in the first place. We partner with our in-house teams to conduct investigations and audits, draft employment policies, and tailor executive compensation agreements that attract top C-suite talent. And we do it on a global basis.

In selecting us as Employment Group of the Year three times, Law360 highlighted our high-profile wins for Microsoft and X (formerly Twitter) and our position as “a leader in the employment sector.” The Recorder has named us "Litigation Department of the Year: Labor and Employment" in California four times, while Chambers USA praises us for our "deep subject matter expertise in employment law." Orrick's clients have shared with Chambers USA that, "in any high-stakes employment matter, [Orrick] would be my first call."

Trial Savvy

Employers turn to our team when they are headed to trial and their reputations are on the line. Each of our employment partners has broad experience before judges and juries, defending clients in single-plaintiff and multi-plaintiff trials and arbitrations. After headline-making allegations of employment discrimination went to a jury trial, we won a total defense verdict for venture capital firm Kleiner Perkins over former partner Ellen Pao. The Recorder called our cross-examination of the plaintiff "masterful," while The New York Times billed the case as a "battle between legal powerhouses."

Class Action Defense

We’re helping employers fight the flood of class action litigation filed in recent years, particularly in the areas of wage and hour (including Private Attorney General Act matters), equal employment opportunity, pay equity and pay transparency, and Artificial Intelligence (AI). We’ve successfully defended over 150 wage class actions on behalf of clients like SS&C Technologies, Genentech, Roche Sequencing Solutions, US Foods, Gap and Sephora.

The Orrick team has succeeded in several recent class action matters, including our current representation of Oracle in a state-wide pay equity and pay discrimination class action in California. In June 2022, our team won a second motion for decertification for Oracle, earning us recognition by the American Lawyer as “Litigators of the Week Runners Up.” We also defeated class certification in a state-wide class case alleging discrimination in promotions for X (formerly Twitter.)

Enforcement

There’s been an unprecedented increase in government enforcement and litigation in the employment arena. We’re helping clients navigate regulatory investigations and litigation involving pay equality, discrimination, Diversity, Equity and Inclusion (DEI), Environmental, Social and Governance (ESG) and whistleblowing, among other areas of increased enforcement.

Managing a Global Workforce

We have employment lawyers in markets worldwide, helping our clients manage their global workforce. We handle a wide range of claims before UK-based employment tribunals, including wrongful and unfair dismissal, discrimination, and breach of contract. From our Paris office, we advise national and international companies on all aspects of French employment law, including employee representation, collective bargaining, collective redundancies, and mergers and acquisitions. We also have a strong record in collective litigation. And we work with our European Tech Companies team to advise on the myriad human resources issues that arise for early-stage companies.

Through our Global Employment & Equity Compensation service, we offer our clients unique and cost-effective strategies for addressing employment issues in more than 80 jurisdictions worldwide. Using this model, we partnered with one of our fast-growing tech company clients to successfully expand its global presence from seven countries to 28 in three years.