Melinda S. Riechert

Partner

Melinda Riechert is a partner in Morgan Lewis's Labor and Employment Practice. Ms. Riechert specializes in litigation and arbitration of employment disputes for a number of major high-technology and other companies, including defending companies in wage and hour, wrongful termination, discrimination, and sexual harassment disputes. She also counsels employers on how to avoid litigation.

From 2007 through 2012, Ms. Riechert has been named one of the leading U.S. lawyers for employment law by Chambers USA, based on the views of clients, peers, and other industry professionals. Chambers acknowledged Ms. Riechert's "straightforward courtroom style which endears her to juries." Ms. Riechert was named one of California's "Top Labor and Employment Lawyers" in 2010 and 2012 and one of its "Top Women Litigators" by The Daily Journal in 2010 and 2012. She was also named one of the San Francisco Business Times' "Top 10 Rainmakers."

Ms. Riechert is admitted to practice in California and before the U.S. Circuit Courts for the Sixth and Ninth Circuits, and the U.S. District Courts for the Northern, Central, and Eastern Districts of California.

RECENT LITIGATION EXPERIENCE

• Prevailed on arbitration claim alleging breach of contract and negligent misrepresentation in action by former employee alleging he moved to California based on misrepresentations regarding the nature of the position. (February 2013)

• Won summary judgment in lawsuit brought in Santa Clara County Superior Court alleging retaliation. (September 2011)

• Won summary judgment for major technology company in lawsuit filed in the Northern District of California and brought by former employees on behalf of themselves and a nationwide class, alleging failure to pay all commissions due. Summary judgment was granted prior to hearing on class certification motion. (August 2011)

• Won summary judgment in lawsuit brought in Santa Clara Superior Court alleging discrimination and harassment based on national origin and religion. (April 2011)

• Won summary judgment for technology industry employer in a lawsuit pending in the Santa Clara Superior Court in which the plaintiff claimed that her employment was terminated because she required an accommodation for her disability. (September 2010) Affirmed on appeal. (2011)

• Won arbitration award for technology industry employer in action brought by former senior vice president asserting claims for severance pay, with arbitrator finding that employer was justified in terminating severance benefits following claimant's violation of a noncompetition agreement. (July 2010)

• Won arbitration award for client in a former senior executive's challenge to the company’s long-term incentive plan and claims for recovery of severance payments under the company's ERISA severance plan. (May 2010)

• Resolved on an individual basis a class action brought under California law related to reimbursement of business expenses. (September 2009)

• Resolved on an individual basis a California wage and hour class action alleging misclassification of sales representatives. (December 2008)

• Resolved on an individual basis a class action brought under California law alleging misclassification of financial advisors. (July 2008)

• Won summary judgment in class action by pharmaceutical sales representatives alleging that they were misclassified as exempt filed in the U.S. District Court for the Central District of California. (October 2007) Affirmed by the Ninth Circuit. (2012)

• Won arbitration on claims of sex and age discrimination before American Arbitration Association. (August 2007)

• Won trial in Santa Clara County Superior Court in race discrimination case. (August 2006) Listed as one of The Daily Journal's Top Defense Verdicts of 2006.

• Won summary judgment in San Mateo County Superior Court on whistleblower claim. (January 2005) Affirmed on appeal. (June 2006)

• Won summary judgment in disability discrimination, harassment and retaliation case in Santa Clara County Superior Court. (July 2005)

• Won summary judgment in wrongful termination/whistleblower claim in Santa Clara County Superior Court. (February 2005) Appeal dismissed. (January 2006)

• Won summary judgment in multimillion dollar stock option litigation in United States District Court, Northern District of California (San Jose Division). (August 2004)

• Won summary judgment on claim involving failure to timely exercise stock options. (June 2004)

• Obtained dismissal of military discrimination case in Santa Clara County Superior Court. (June 2004)

• Prevailed in arbitration on amount of severance due to former employee under employment agreement. (April 2004)

• Prevailed at administrative hearing on claim of age discrimination. (December 2003)

• Won summary judgment on discrimination/harassment claim in San Diego Superior Court. (October 2003)

• Won jury verdict in favor of our client on all claims in a suit alleging pregnancy discrimination, retaliation (by terminating plaintiff’s employment following the filing of discrimination and wage claims), and breach of a settlement agreement, following a 5-week jury trial in San Mateo County Superior Court. (December 2002) Affirmed on appeal. (June 2005)

• Won summary judgment in sexual harassment case on finding of no severe or pervasive harassment. (March 2002)

• Won arbitration award of $9.6 million in favor of our client on a claim that a former employee had taken kickbacks from customers and resellers during his employment. (December 2001)

• Won summary judgment in favor of our client in Federal Court in Columbus, Ohio on a defamation claim. Affirmed by the Sixth Circuit. (August 2001)

• Won arbitration in Connecticut in favor of our client on an employee’s claims that he was discriminated against because of his age and constructively discharged, following a 5-day hearing. (January 2001)

• Won summary judgment in favor of our client and members of its board of directors on claims that false promises were made to induce the employee/shareholder of the acquired company to take stock in the acquiring company. Affirmed on appeal. (December 2000)

• Won summary judgment in sexual harassment and retaliation case on finding of no severe or pervasive harassment and no retaliation. (June 2000)

• Won summary judgment in a case by a former employee for breach of contract and fraud involving promises allegedly made to the employee to induce him to come to work at the company. (May 2000)

• Won unanimous jury verdict in favor of our clients on all claims in a suit alleging sexual harassment and retaliation following a 7-1/2 week jury trial in the San Mateo County Superior Court. (December 1999)

• Plaintiff claimed that her employment was terminated because of her sex, and that she was libeled. Following an 11-day jury trial, the jury returned a verdict in favor of our client on the sex discrimination claim, and did not award emotional distress or punitive damages. Although the jury awarded plaintiff damages for libel, the trial court overturned the verdict on a motion for judgment as a matter of law, resulting in a zero award to plaintiff. The case was settled following an appeal to the Ninth Circuit. (March 1999)

• Won a two-day court trial in the Bankruptcy Court for the Northern District of California in Oakland, recovering $60,000 borrowed by a former employee who claimed he had been constructively discharged, plus interest and all attorneys fees incurred. The decision was affirmed on appeal. (December 1998)

• Won defense verdict on all claims following two-week court trial in Santa Clara County Superior Court in a suit alleging national origin and gender discrimination and retaliation against our client and two of its managers. (June 1998)

• Won jury verdict on all claims for client in Santa Clara County Superior Court on wrongful termination whistleblower claim seeking $1 million in damages. (April 1998)

• Won age and disability discrimination court trial in favor of client on all claims before Judge James Ware in the United States District Court in San Jose. (January 1998)

• Won jury verdict in favor of client on all claims following a two-week jury trial in Santa Clara County Superior Court alleging race harassment and retaliation. (September 1997)

• Won jury verdict in favor of our client on all claims following a two-week jury trial in Santa Clara County Superior Court alleging race harassment and retaliation. (August 1997)

• Won arbitration award on all claims in our client’s favor in a suit alleging racial discrimination and retaliation. (November 1996)