Proskauer

Kate has represented her clients in several significant matters in the trial and appellate courts, as well as in arbitration, including, among many others:

• Defense of an aerospace research and development company in a putative nationwide class action for age discrimination, arising out of a widespread reduction in force.  Defeated class claims in both federal and state court and obtained summary judgment in remaining five single plaintiff cases. Of two cases that were appealed, both were affirmed.  In one of the only published decisions on the topic, the California Court of Appeal held that former employee's exhaustion of his Equal Employment Opportunity Commission remedies did not exhaust his administrative remedies for purposes of his proposed class and disparate impact claims against employer under California’s Fair Employment and Housing Act. Foroudi v. The Aerospace Corporation, 57 Cal. App. 5^th 992 (2020).
• Defense of global entertainment and media company in lawsuit by editor who claimed sexual orientation discrimination when his employment was terminated for sending sexually charged messages to a musical artist covered by the company’s on-line music publication. The federal court in the Southern District of New York court granted summary judgment and dismissed this claim as well as plaintiff’s claim that the company defamed him by defending the termination in the press.
• Lead trial counsel for television network and production company in pregnancy discrimination claim by a former model/actress. Prevailed on a motion for new trial, vacating verdict. In a companion case by a second model/actress alleging pregnancy discrimination, obtained summary judgment, which was affirmed on appeal.
• Lead counsel in arbitration on behalf of producer of longest-running, nationally broadcast television game show. Obtained arbitration award in action for retaliatory failure to hire and age and gender discrimination. Arbitration award was affirmed in full by California Court of Appeal.
• Lead counsel in arbitration on behalf of the nation’s largest publicly traded Hispanic-controlled media and entertainment company to enforce exclusivity provisions of employment agreement for morning drive time star disc jockey.
• Lead counsel in arbitration for leading Southern California cancer research and treatment organization in action brought by hospital department Chair for breach of contract, fraud and defamation. Prevailed on all claims.
• For global media company, led independent investigation of race and pay equity concerns raised by video and editorial employees of the food publication, Bon Appétit. The allegations stemmed from insensitive and racially charged social media posts by senior editorial staff and the resignation of the Editor in Chief.
• For broadcast television network, conducted highly publicized investigation of show-runner who was accused of discrimination and harassment based on race and gender.
• Defense of Southern California manufacturer of components for the aerospace industry, in a wage and hour class action involving claims for overtime, missed meal and rest breaks and derivative claims by 1,200 class members, including two separate unions, as well as non-union employees. Secured a favorable resolution for the client.
• Defense of farm to table on-line food delivery company in putative wage and hour class and representative action, which was favorably resolved.
• Defense of a national retail merchandiser in a putative class action alleging various wage and hour violations (off the clock, meal and rest break, expense reimbursement). Defeated class certification on all but one claim which was resolved for a small fraction of Plaintiff’s original demand.
• Defense of a national restaurant supply wholesaler in putative collective and class action alleging misclassification of managers. Successfully compelled entire action to arbitration on an individual basis.