Andrew McNaught

About Andrew McNaught

SEASONED EMPLOYMENT LITIGATOR For 25 years I have successfully defended employers nationally in high-exposure complex class, collective, and PAGA wage-and-hour litigation of all kinds. I regularly secure dismissals and denials of class and collective certification in state and federal courts. I successfully draft, implement, and compel the enforcement of arbitration agreements with class waivers, often resulting in nominal or walk-away individual settlements. I obtain excellent mediated results for my clients in complex wage/hour cases.I also have deep experience defending FEHA, Title VII, and ADA single and multi-plaintiff cases. I have won defense jury verdicts in the Superior Courts for the counties of San Francisco and Alameda, secured defense arbitration awards, and won summary dismissals in state and federal courts all over California.CUSTOMIZED APPROACH TO LITIGATIONWhat clients like about my approach to litigation is that it is efficient, creative, tailored, and practical. I begin by listening to the client and working to understand their legal and business goals in every case. I then partner with the client to develop an effective strategy to accomplish those goals. In one case, that might be a mounting more aggressive and creative defense, in light of past like cases and settlements; but in another it might be securing an early resolution. I work with a lean, skilled, tight-knit team, and utilize technology and cutting-edge data analytics to deliver efficient client services, especially in defending complex cases involving large data sets.PROVIDING EMPLOYERS WITH EXPERT ADVICEMy clients face a unique, complex, and continually shifting landscape of state and local laws, rules, and regulations, all presenting significant compliance challenges, and legal and business risks. They have come to rely upon me for expert guidance and help navigating these myriad issues and challenges.RETAIL, HEALTHCARE, AND FINANCIAL SERVICES FOCUSWhile I have worked with employers in wide range of industries spanning transportation, software, staffing, and defense contractors, I have developed deep expertise representing companies in the retail, healthcare, and financial services sectors.I represent numerous large employers in those industries based outside California which maintain significant workforces in the state, as well as many “home grown” California clients.

Experience

1. Employment Litigation Attorney Partner Wage Hour Class, Collective and Paga Actions

   Seyfarth Shaw LLP

   Jun 2005 — Present

   LITIGATION SUCCESSES-Defended leading national staffing company in class and PAGA action resulting in a published California Court of Appeal decision upholding motion to compel individual arbitration and dismissal of class claims-Represented national wholesale grocer in class action alleging misclassification of supervisors, resulting in walk-away dismissals by named plaintiffs-Obtained denial of class certification in California State Court on behalf of high-profile global sporting and apparel retailer-Achieved decertification order in a class and PAGA case against one of the nation\'s largest insurance companies-Obtained a denial of class certification in a long-fought misclassification case against one of the nation\'s largest financial services companies-Secured arbitration award defeating claims of race discrimination, retaliation, and wage-and-hour violations on behalf of a leading enterprise technology provider of software, hardware, and services for financial services companies-Won federal court motion to dismiss plaintiff\'s service animal accessibility claims under ADA Title and the Unruh Act for one of the nation\'s largest supermarket chains.EFFECTIVE COUNSELING AND ADVICE FOR EMPLOYERS-Counsels employers regarding compliance with California and federal employment laws, including wage and hour compliance, terminations, demotions, mass layoffs, accommodations, leaves of absence, and service animals-Negotiates executive employment contracts and separation agreements.

Education

• Brown University

  BA, History

  1987 — 1992

• University of California, College of the Law, San Francisco (formerly UC Hastings)

  JD, Law

  1997 — 2000

• Phillips Academy (Andover)

  High School

  1984 — 1987

Skills

• Courts
• Arbitration
• Litigation
• Employment Law
• Retaliation
• Commercial Litigation
• Class Actions
• Employment Discrimination