Practice and Industry Groups

Evan R. Moses

Shareholder Los Angeles

Evan focuses the majority of his practice on “bet the company” employment class/collective action litigation, including taking mass actions through trial. Evan is a recognized leader in developing methodologies for quantifying litigation risk, and using these tools to ensure results with a high return on investment. He prides himself on obtaining practical, business-oriented, and quantifiable results for his clients.

Evan has been named a “Rising Star” by Super Lawyers every year since 2006, placing him among the top 2.5 percent of the best employment litigators in Southern California under 40 years of age. He was named a Top California Labor and Employment Attorney in a feature article by the Los Angeles Daily Journal.


Experience

Since 1998, Evan has led the defense of over 90 class/collective/PAGA lawsuits, many single plaintiff cases, and multiple trade secret/restrictive covenant disputes.  A few examples of his recent successes include:

Class Action / Wage and Hour

  • Defeated class certification in a hybrid class/collective action alleging misclassification of more than 7,000 employees of an industrial hardware supplier.
  • Defeated class certification in a California class action brought against a technical institute.  Plaintiff’s allegations included meal and rest period violations, off-the-clock work, and derivative California statutory claims.
  • Convinced a federal judge to reject California Supreme Court precedent and find that employee arbitration agreements are enforceable with respect to claims brought under the Private Attorneys General Act (“PAGA”).
  • Defeated class certification (on all but a minor claim for wage statement formatting errors) in a meal/rest period case brought against a national cosmetics/retail company. The remainder of the case for the case settled immediately after Mr. Moses filed a post-certification motion for summary judgment of the wage statement claim.
  • Defeated class certification on behalf of a national retailer in a hybrid class/collective action alleging miscalculation of the regular rate of pay.
  • Defeated conditional certification in a nationwide action alleging violations of the Fair Credit Reporting Act and the California Investigative Consumer Reporting Agencies Act.
  • Defeated class certification in a FLSA 216(b) action alleging misclassification of computer professionals.
  • Conducted a national wage/hour audit involving more than 9,000 employees and 23 employment positions. Completed the project 34% under budget.
  • Currently representing a healthcare company in a 7,000-person representative action brought under California’s Private Attorneys General Act.   

Trade Secrets / Restrictive Covenants

  • Represented the corporate-plaintiff (a cutting-edge technology start-up) against a significantly larger competitor in a theft of trade secrets/corporate espionage action. After Mr. Moses prevailed in several key discovery motions, defendant hired a second law firm in an effort to overwhelm Mr. Moses with depositions and related expenses. Before defendant could implement this strategy, Mr. Moses elicited damaging deposition admissions from the defendant’s primary corporate witness. Within weeks, Mr. Moses obtained a settlement worth several multiples more than his client’s original demand.
  • Represented a C.E.O. who had been sued by his former employer for violation of a non-compete agreement. Within two weeks, Mr. Moses defeated a request for a temporary restraining order. Within three months, Mr. Moses obtained deposition admissions resulting in complete dismissal of the lawsuit with prejudice.

Single Plaintiff / Wrongful Termination / Harassment / Discrimination

  • First-chaired trial involving allegations of discrimination, harassment, and failure to accommodate.
  • First-chaired arbitration involving allegations of wrongful termination and termination in violation of public policy.
  • Represented a large financial services company in the defense of an executive’s claim for breach of a golden parachute agreement. After prevailing on each of seven pre-trial motions, the plaintiff was forced to settle for 96.7% below his original settlement demand.

Professional Activities and Speeches

Professional Activities:

  • State Bar of California
  • Los Angeles County Bar Association (Labor & Employment Section)

Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''Control Class Action Costs: Strategies for Discovery'' - Phoenix - May 10, 2018
  • Ogletree Deakins Navigating California Employment Law Seminar - ''What's New in California Employment Law? As Always, Plenty!'' - Napa - March 01, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Preparing for (and Hopefully Avoiding) a Class Action Before It Is Filed'' - San Diego - May 04, 2017
  • Ogletree Deakins Navigating California Employment Law Seminar - '''I Wish I Knew Then What I Know Now' - Lessons Learned From Defending California Wage and Hour Class Actions'' - Napa - March 02, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''I Wish I Knew Then What I Know Now - Lessons Learned from Defending Wage and Hour Collective Actions'' - Las Vegas - May 08, 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Defense in a Box: An Enterprise Risk Management Approach to Avoiding Class Action Litigation'' - Napa - March 27, 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''No Need to Hit the Panic Button: Best Practices and Strategies for Managing Litigation in California'' - New Orleans - May 09, 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''Managing California Employment Litigation'' - March 21, 2013
  • Pasadena Bar Association - ''Employment Issues with Social Media'' - Pasadena - October 11, 2012
  • Pasadena Bar Association - ''Social Media In The Modern Workplace'' - Pasadena - September 11, 2012
  • Pasadena Bar Association - ''Social Media in the Modern Workplace'' - Pasadena - September 07, 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''What Employers Dabbling in California Must Know'' - Phoenix - May 12, 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Down the Rabbit Hole: Doing Business in California (a.k.a., 'Dr. Strangelaw')'' - Pittsburgh - March 20, 2012
  • Association of Corporate Counsel (ACC Southern California) - ''Trends in Class Action Litigation'' - Orange County - March 15, 2012
  • Ogletree Deakins Client Seminar - ''Trends in Class Action Litigation - Practical Tips to Avoid Liability'' - Los Angeles - January 18, 2012
  • Ogletree Deakins Employment Seminar - ''130 Minutes Can Make All the Difference - A 3-Month Checklist for Preventing Class Action Litigation'' - Los Angeles - October 18, 2011
  • Ogletree Deakins Workplace Strategies Seminar - ''Life Cycle of a Wage & Hour Class/Collective Action'' - Chicago - May 11, 2011
  • PIHRA Annual Legal Update - ''Class Action Developments'' - Los Angeles - January 12, 2010
  • Pasadena Bar Association - ''New Media in the Workplace'' - Pasadena - November 19, 2009
  • PIHRA Annual Legal Update - ''Employment Law Preview: What's Coming Up in 2010?'' - Los Angeles - November 12, 2009
  • PIHRA Annual Legal Update - ''Thriving and Surviving the "New Normal"'' - Los Angeles - October 11, 2009
  • PIHRA Annual Legal Update - ''Fight or Settle? Intellectually Honest Decision-Making Strategies'' - Los Angeles - September 14, 2009
  • Staffing Management Association Annual Legal Update - ''Trends in California Class Action Litigation'' - Los Angeles - February 11, 2009
  • Association of Corporate Counsel (Silicon Valley) - ''Cutting Edge Class Action Strategies'' - Silicon Valley - January 03, 2009
  • Pasadena Bar Association - ''New Media in the Workplace'' - Pasadena - January 19, 2008
  • Mercer Labor Update - ''Avoiding Wage/Hour Traps in California'' - Los Angeles - January 12, 2008
  • PIHRA Annual Legal Update - ''Protecting Your Assets: The Role of Human Resources in Safeguarding Intellectual Property'' - Los Angeles - April 12, 2007

Published Works

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Media

Media Quotes

February 23, 2017 - Law360 - "Moving Co. Escapes 'Skeletal' Wage-And-Hour Suit"
October 23, 2014 - Law360 - "PAGA Claims Can Be Waived in Arbitration Pacts, Judge Says"
September 27, 2012 - Law360 - "Fastenal Managers' Jobs Too Varied for Class Cert.: Judge"

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