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500Lawdragon Q & A with:Nancy AbellPaul Hastings partner Nancy Abell ison the speed dial of many in-house counsel at Fortune100 companies. Abell is the global chair of PaulHastings’ 152-lawyer employment law department, consideredone of the best labor and employment practicesin the country. In 2010, her group won the prestigiousAmerican Lawyer Litigation Department of theYear Award for chalking up a 12-1 record in court trialsand a 14-0 record in arbitrations in 2009 and 2010.The same year, The National Law Journal singled herout as one of the 40 most influential lawyers of thedecade in the area of labor and employment law.LAWDRAGon: What impact has the 2011 Walmart v.Dukes Supreme Court ruling have on your practice?nAnCY ABELL: The U.S. Supreme Court’s ruling in Wal-Mart has helped employers defeat a greater proportionof class cases at the pleading stage and at class certification– particularly discrimination class actions andwage-hour actions that challenge the exempt status ofa class of employees. Civil rights lawyers appear to befocusing more of their discrimination class actions ondisparate impact claims, rather than intentional discriminationclaims. For employers this means greateremphasis on statistics and establishing that employmentpractices are job-related and consistent withbusiness necessity.LD: We hear a lot about the impact of the U.S.Supreme Court on labor and employment law. What’sgoing on in the arbitration area?NA: Each year it appears that more employment disputesproceed to binding arbitration. Some employershave been able to preclude litigation of class and collectiveactions by moving to compel arbitration of individualclaims under arbitration agreements that aresilent on class arbitration or prohibit it. Other employerscontinue to find arbitration unattractive becauseappellate rights are limited and they believe that arbitratorsare more likely to “split” their rulings to makeboth sides happy.LD: What is the most pressing legal issue on your clients’minds right now?NA: In the employment arena the most pressing litigationissue across industries continues to be the threatof wage-hour class and collective actions.LD: Can you talk about a recent litigation victory?NA: Most litigation victories come when a motion isgranted, class certification is defeated, or a trial orappeal is won. One is prepared for those milestones.bY Xenia KobylarzRecently I associated in as lead trial counsel for acase with industry-wide ramifications. It sought injunctiverelief that would have been cost-prohibitive andwould have had severe adverse consequences for ourclient’s operations. The case had been going on foryears. There was no choice other than to win it.Settlement was not an option. We quickly conducted ameticulous up-from-the-ground investigation, designeda motion and trial strategy, used both offensive anddefensive discovery effectively, and finally convincedour opponent to throw in the towel and dismiss.LD: What led you to practice in this area of law?NA: As the manager of the City of Los AngelesAffirmative Action Program and a member of MayorTom Bradley’s Affirmative Action Task Force, I becamefascinated with the evolving employment discriminationlaws, the onslaught of class action litigation andthe realization that management employment lawyersplayed a significant role in driving change within corporations.This prompted me to leave a job I loved topursue a legal education and to seek a job at PaulHastings Janofsky & Walker, the firm whose employmentlawyers most impressed me.LD: There is a lot of talk about women initiatives atlaw firms and how ineffective they are. How can firmsdo better?NA: Initiatives to foster a climate of inclusion attractand help firms retain diverse lawyers. Prominentwomen in leadership help attract aspiring femalestars. But, one earns election to the partnership basedupon the skills she develops, the results she obtains,and the business she brings in. Thus, it is critical forfirms to look carefully at the staffing of major mattersto ensure that women get optimal experience as theycome up the ranks, include them early on in pitchesand presentations to clients, and openly encourage clientsto look to more women as matter leaders andrelationship leaders.LD: What interests do you have outside of law that youlike to pursue when you have time?NA: My number one priority outside of work is spendingtime with my precious family, particularly my adorablegrandchildren. I am active on several boards and wasprivileged to co-chair The Exceptional Children’sFoundation’s recent gala that raised $1.25 million tosupport programs for individuals with developmentaldisabilities.See the full Q&A at www.lawdragon.com/lawyer-limelights/nancy-abell.L A W D R A G O N 96 I s s u e 13Photo by: Dave Lauridsen