Title: Partner

Organization Name: Constangy, Brooks, Smith & Prophete LLP

Education: 1984: J.D., University of California, Hastings College of the Law: 1978: B.A., University of California, Los Angeles

2017-Present: Constangy (2021-Present: Equity Partner; 2020-21: Non-Equity Partner; 2017-2020: Senior Counsel)

1998-2017: NBCUniversal Media LLC, Vice President-Employment Law

2011-2013: Pasadena City College, Adjunct Professor, Business Law and HR Management

1989-1998: Union Bank, Vice President & Senior Counsel

1986-1989: Sheppard Mullin Richter & Hampton LLP, Labor & Employment Law Associate

1984-1986: McCutchen, Black, Verleger & Shea, Litigation Associate

A big challenge I am seeing is the increasing level of uneasiness and activism in the workforce in many industries. For example, there is an increase in union organizing in the retail and fast food industries. Employees at tech companies also are seeking a voice in areas that are not normally targets for employee intervention, such as business relationships with the defense industry, corporate policies on climate change, and retention of executives accused of bad behavior. Businesses are being forced to reckon with a more assertive workforce in unexpected ways.

The use of arbitration agreements with employees and the recent rejection by the courts of legal challenges to their use will mean fewer employee disputes going to jury trials and many more going to arbitration before former judges and professional arbitrators. Employees will need to adjust to the different rules and approaches that are required in arbitration, such as limited discovery and very limited appellate review.

Junior lawyers interested in labor and employment law should endeavor to obtain experience in and exposure to as many substantive areas as possible, such as discrimination laws, labor relations, trade secrets, workplace safety and safety (OSHA), advising and counseling employers on day-to-day issues, and compliance with ever expanding employee statutory rights and related areas. While some level of specialization even within an L&E practice is inevitable, firms also value attorneys with broad experience with different types of clients and issues.

I enjoy being able to use my years of experience to help new HR executives and in-house counsel navigate complex challenges, such as harassment investigations, wage-hour law compliance, planning for layoffs, responding to wrongful termination claims, recruiting talent, training managers, and finding creative ways to retain and reward employees. A lawyer's letter, lawsuit, or notice from a regulatory agency can be scary events for employers. L&E lawyers can help demystify legal processes and as a result lower the anxiety level that arises in employer C-suites.

I worked as pro bono counsel for an organization in Southern California called KIND (Kids in Need of Defense) that assists abused and abandoned children, mostly from Latin America, to obtain legal residence in the US. I helped a 15-year-old Guatemalan girl who had been forced to leave her home when her mother died and her abusive father remarried and basically put her on the street. I was able to help her secure a visa to stay in the US, finish her education, and become a productive citizen.

My first legal job was as an associate at a medium-sized California law firm where I handled maritime and product liability litigation matters. I was given a lot of responsibility early on ranging from overseeing the discovery process and handling a one-day arbitration of an injury claim occurring on a sport fishing boat to defending depositions of ski instructors at a Lake Tahoe ski resort.

I am a bit of an outlier in the world of major L&E law firms. I began my career at a large firm but by my sixth year I took a position as in-house employment counsel, first at a large California financial institution and then at a major media and entertainment company. I was "the client" for many years with law firms and obtained the perspective of what large companies require in terms of advice and strategy. When my department was reorganized and I received a "golden parachute" relatively late in my career, I needed to reinvent myself. One of the few places where I found my experience was valued was at law firms but I had no "book of business" or recent litigation know-how. I did have more than two decades of in-house experience and a large professional network in various industries. At Constangy, I have been able to leverage all of that to reach the level of partner at a national firm.