Title: Shareholder

Organization Name: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Education: 2004: J.D., cum laude, University of South Carolina; 2000: B.A., with distinction, University of Virginia

Career in Brief: Ms. Santen has been practicing labor and employment law since 2004. She has been with Ogletree Deakins, the third-largest management side labor and employment law firm since that time.

Ms. Santen started her career doing traditional labor work, including R-case hearings, unfair labor practice charge hearings, and handling union campaigns.

After several years, Ms. Santen turned her focus to the class and collective action litigation, focusing on the defense of nationwide class and collective actions involving independent contractor misclassification.

After becoming an equity partner with Ogletree, Ms. Santen began to co-chair the firm’s national class and collective action practice group, which she continues to do today. She continues to focus her practice on the defense of large-scale class and collective action litigation, mostly involving independent contractor misclassification and other wage/hour or wage/payment issues. She also regularly handles and litigates mass arbitrations and assists companies in developing and maintaining defensive alternative staffing models, along with day-to-day advice and counseling.

The ever-changing legal landscape, both on a federal, state, and local level. With the constant enactment of new leave laws; pay transparency laws; local ordinances governing a myriad of issues; laws protecting various additional protected classes; and local wage/theft laws, among others, has become increasingly challenging for companies with a national footprint. As labor and employment counsel for these companies, it is increasingly difficult to help them implement and maintain legally defensible policies that can be used in every jurisdiction in which they operate, while including appropriate carve-outs to account for future developments.

The continued implementation of ABC laws in various states, which create a presumption of employee status, and continued passage of state wage/theft laws with hefty penalties has significantly affected my practice. We have seen a significant increase in state enforcement actions, including by state Attorney Generals, challenging independent contractor classification following the passage of these laws. In addition, we have also seen an onslaught of copy-cat litigation by the same group of Plaintiffs’ attorneys in this space, including the filing of mass arbitrations. Given the newness of these state wage/theft laws, we are having to constantly challenge their reach in litigation, including lodging arguments regarding no retroactive application, constitutional challenges, and others. Moreover, given the aggressiveness of the enforcement efforts in various jurisdictions, we have had to help clients navigate wholescale changes to their models, including reclassification, as a way of mitigating those risks in the future while attempting to minimizing risks associated with practices in the past.

The increased use of AI technologies in the practice of law will significantly affect my practice. We are starting to see vendors pushing various AI technology products to assist with the draft of answers, discovery, briefs, and other pleadings in litigation. Clients are particularly interested in these products and technologies as a cost-savings measure. Large law firms are following suit and heavily exploring use of these technologies as a selling point for clients. I remain skeptical of over-reliance on these products and technologies, as so much in high-stakes litigation requires legal insight and customization.

To develop a niche early on in a developing area of the law so that they can become the “go to” expert in an area. This will allow the junior attorney to stand out and distinguish themselves from their peers. It will also provide opportunities to work with partners and clients they may not otherwise have the occasion to work with. I received and followed this invaluable advice as a junior lawyer, and it has served me very well.

Partnering with my clients, over a long-term basis, to help them find creative legal solutions to their business challenges as those change and develop over time. One of the most rewarding parts of my job is the long-term relationships established with my clients, being their confidant over time, and watching and helping their businesses evolve over time to deal with the ever-changing legal landscape and workforce challenges.

The biggest challenge I faced throughout my career was being one of the only female attorneys in a very male-dominated practice area (traditional labor) when I first started the practice of law. I felt I had to work twice as hard to be taken seriously. I overcame this challenge by finding what worked for me as a lawyer, which was different than what worked for the male attorneys I worked for. Confidence is key, and there is no one-size-fits all approach to the practice of law or being a lawyer.

I love to practice hot yoga. I have found the meditative aspect of it helps my focus, happiness, and stress-management associated with a large litigation practice. I make it a priority to practice at least twice each weekend, and at least three times during the week, to help maintain that balance over time.

I have learned three very important lessons throughout my career.

First, I have learned about the importance of mentorship. I have gained an incredible amount of insight from my mentors about how to be a good lawyer, colleague, and mentor to the younger generation.

Second, I have learned about the importance of work/life balance and trying to maintain a healthy mix to avoid burnout and be the best advocate possible for my clients.

And finally, I have learned the importance of taking the time to learn your clients’ businesses inside and out on the front end. That allows you to be the best, most effective advocate possible and is essential to effective lawyering.