Jesse C. Ferrantella

Associate || San Diego

Jesse Ferrantella is an associate in the San Diego office of Ogletree Deakins. He represents employers in all aspects of employment law, including wage-and-hour law, employment discrimination, retaliation, harassment, and claims brought under California’s Private Attorneys General Act.  His practice includes a strong emphasis on defending employers in class and representative actions.

Jesse’s practice involves all aspects of litigation in state and federal court, including presenting argument on motions, preparing dispositive motions, and working on appeals  and amici briefing before the Ninth Circuit Court of Appeals, California Supreme Court, and California Court of Appeal.  He has been a part of litigation teams that have secured dismissal of class allegations, defeated class certification, obtained reversal and dismissal of claims on appeal, and obtained favorable summary judgment rulings.

Jesse also advises employers on all aspects of labor and employment law, including a strong focus on compliance with wage-and-hour law and California’s leave provisions. He has also authored several articles regarding significant developments in whistleblower retaliation law under the Sarbanes Oxley and Dodd-Frank Acts.

Prior to entering private practice, Jesse served as a law clerk to the Honorable Richard Clark at the U.S. Department of Labor, Office of Administrative Law Judges. During law school, he served as an Articles Editor for the Berkeley Journal of Employment and Labor Law. He also externed with the Honorable Stephen Reinhardt of the Ninth Circuit Court of Appeals.

Learn more about Jesse C. Ferrantella

Jesse has served as defense counsel in significant California and nationwide employment matters. Recent results include:

  • Vacated eight-figure arbitration and fee award on appeal before the Seventh Circuit. The case was inherited from prior counsel after a liability award in arbitration. In its opinion, the Seventh Circuit held that the Court, not the arbitrator, resolves gateway question of class arbitrability. The opinion was published by the Seventh Circuit (Herrington v. Waterstone Mortgage Corporation).
  • Obtained summary judgment in favor of the employer in Private Attorneys General Act action on the basis that plaintiff’s individual settlement precluded standing. The result was affirmed on appeal in a published decision, Kim v. Reins International.
  • Successfully defeated conditional certification against mortgage industry client in nationwide Fair Labor Standards Act action for unpaid overtime compensation. The court found plaintiffs could not make “even a modest factual showing” that that a collective action would facilitate efficient resolution of claims.
  • Obtained summary judgment in a class action brought under the California Labor Code against staffing agency, which resulted in the dismissal of over 50,000 putative class members.
  • Successfully opposed motion for class certification in a nationwide class action brought against defense contractor under the Uniformed Services Employment and Reemployment Rights Act.

Education

  • J.D., University of California, Berkeley, 2011
  • B.A., magna cum laude, Duke University, 2008

Admittance to Practice

  • California
  • U.S. District Court, Central, Eastern, Northern and Southern Districts of California
  • U.S. Court of Appeals, Seventh and Ninth Circuits

Professional Activities

  • San Diego County Bar Association (Labor & Employment Section)
  • American Bar Association (Labor & Employment Division)

Speeches

  • Ogletree Deakins Seminar - "Landmark 2018 Cases: Key Implications and Practical Tips" - San Diego - October 2018
  • American Bar Association Webinar - "Life After Epic Systems: How Employers, Employees, and Arbitrators are Adapting to the World of Class Action Waivers" - September 2018
  • Ogletree Deakins Seminar - "Surf the Retaliation Wave – Without Getting Caught in the Tide" - San Diego - October 2017
  • Ogletree Deakins Seminar - "Background Checks and the New Wave of Class Action Lawsuits" - San Francisco - October 14, 2015
  • Ogletree Deakins Seminar - "Data Management, Records Retention, and E-Discovery - The Importance of Document Management and Records Retention in “E-Discovery" - San Francisco - October 2014
  • Berkeley Law (Boalt Hall), Order of the Coif
  • First Place, Adam A. Milani Disability Law Writing Competition

 

Insights by Jesse C. Ferrantella