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Spencer C. Skeen

Shareholder || San Diego

Employment Law, Class Action, Higher Education, Litigation, Unfair Competition and Trade Secrets, Wage and Hour
Hospitality, Staffing/PEO, Trucking and Logistics

Mr. Skeen is a shareholder in the San Diego office. He founded the office and served as its initial Managing Shareholder. He devotes his practice exclusively to the representation of companies and institutions of higher education in bet-the-company litigation. Mr. Skeen has represented private companies, nonprofit institutions and publicly traded employers in hundreds of class and representative actions, including claims brought under California’s Private Attorneys General Act. He has also defended clients in high stakes business and real estate litigation, lawsuits alleging discrimination, retaliation, harassment, wrongful discharge, breach of contract, disability access, noncompete, royalty, copyright and trade secret claims. Mr. Skeen’s clients include institutions of higher education, staffing agencies/PEOs/ASOs, as well as businesses in the food and beverage, retail, healthcare, aviation, transportation, financial services, and gaming industries. He has also represented non-profit trade associations and governmental entities.

Mr. Skeen lectures frequently on California employment law topics. He has been recognized as one of California’s leading employment lawyers multiple times as a Super Lawyer by the publishers of San Diego Super Lawyers magazine, a recognition based on peer reviews and professional achievement limited to five percent of all California lawyers. Mr. Skeen has also received numerous peer review awards including his repeated selection as a “Top Attorney” in the labor and employment category in the San Diego Daily Transcript’s Top Attorneys publication.

Employment Law, Class Action, Higher Education, Litigation, Unfair Competition and Trade Secrets, Wage and Hour
Hospitality, Staffing/PEO, Trucking and Logistics
Learn more about Spencer C. Skeen

Mr. Skeen has served as lead defense counsel in significant California and nationwide class actions. Recent results include:

Mr. Skeen has also served as lead defense counsel in significant representative and/or PAGA actions. Recent results include:

Mr. Skeen was also the lead trial attorney in the following matters:

Education

Admittance to Practice

Professional Activities

  • San Diego County Bar Association (Former Co-Chair Employment Section)
  • Board Member, San Ysidro Chamber of Commerce
  • American Bar Association (Labor & Employment Section)
  • American Bar Association (Class Actions and Derivative Suits Committee)
  • Association of Business Trial Lawyers
  • State Bar of California (Employment Law Section)

Speeches

Insights by Spencer C. Skeen

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How the CARES Act Will Help Universities Combat the New Rise of COVID-19 Class Actions

Universities continue to see a rise of COVID-19-related class action lawsuits alleging that campus closures deny students the full benefits of an on-campus college experience. This new wave of class action lawsuits generally seek full refunds for tuition, room and boarding costs, and other matriculation fees based on a breach of contract theory and claims of unjust enrichment. Many colleges and universities have already taken proactive measures that will help defend against these lawsuits. Some institutions implemented policies to refund student monies or apply room and boarding fees for the impacted term of enrollment toward future enrollment periods. For universities that have not taken these measures, the Coronavirus Aid, Relief, and Economic Security (CARES) Act may provide a potential, unintended defense to a class action.

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Two California Appellate Decisions Expand the Scope of Tameny Claims Based on Whistleblower Laws

In the most recent case, the employee, Linda Ferrick, worked for Santa Clara University as a senior administrator in the university’s real estate department. Ferrick alleged that the director of the department, Nick Travis, engaged in extensive wrongdoing, including embezzling funds, engaging in kickback schemes, and evading taxes (among other misconduct). In August 2011, Ferrick allegedly reported Travis’ wrongdoing to the university’s director of finance, the risk manager, and the budget director.

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Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the arbitration agreement is silent on whether the agreement allows for class or representative arbitration, then courts should decide the gateway issue of whether class arbitration is allowed. In the second unpublished decision, the Second Appellate District of the California Court of Appeal held that the issue of class arbitration was for the arbitrator to decide.

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