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Ellen M. Papadakis

Counsel
San Francisco
Phone: 415-984-8262
Chicago
Phone: 312-425-8562
Fax: 866-904-8034
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ELLEN M. PAPADAKIS

Ellen Papadakis defends and counsels employers on all aspects of employment law, including claims involving discrimination, harassment, retaliation, wage and hour violations, leaves of absence, trade secret misappropriation, workplace violence restraining orders, and employment-related torts.  She also conducts anti-harassment training and helps clients develop EEO and other personnel policies. 

Besides her employment work, Ellen has handled a wide range of general commercial and insurance coverage litigation matters.  In addition, Ellen has nearly 15 years’ experience representing businesses in third party disability access claims under the Americans with Disabilities Act and state law. Ellen has also demonstrated success as an experienced appellate practitioner in both state and federal courts.

Ellen served as a judicial law clerk to the Honorable Fred A. Geiger of the Illinois Appellate Court, Second District, before starting private law practice.

Publications

  • Unintentional Discrimination Yields Unexpected Windfall: Disability Access Litigants Can Recover Minimum Statutory Damages in California Without Proving Discriminatory Intent (2009)
  • California Court of Appeal Requires a Showing of Discriminatory Intent in Disability Access Cases under the Unruh Civil Rights Act (2007)
  • Note, "The Continued Confinement of Insanity Acquitees: Foucha v. Louisiana," 83 J.  Crim. L. and Criminology 944 (1993)

Presentations

  • Root Cause Analysis: Find the Right Problem to Solve (2012)
  • The Classification Crackdown: Managing Your Contingent Workforce Under a Microscope (2010)
  • The Contingent Workforce in the Era of Change (2009)
  • It's All Geek to Me: A Survival Guide to Electronic Discovery (2007)

Representative Experience

  • Second chairing the successful arbitration of a disability discrimination claim filed by the former Assistant News Director of a middle-market television news station
    Second chairing the successful arbitration of a disability discrimination claim filed by the former Assistant News Director of a middle-market television news station
  • Prevailing on summary judgment in state age and disability discrimination claims filed by 28-year employee of industrial demolition contractor.
    Prevailing on summary judgment in state age and disability discrimination claims filed by 28-year employee of industrial demolition contractor.
  • Obtaining summary judgment in federal court action involving age discrimination claim by laid off Area Manager of nationwide rental car company.
    Obtaining summary judgment in federal court action involving age discrimination claim by laid off Area Manager of nationwide rental car company.
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  • Defeating emergency petition for restraining order filed in the Northern District of Illinois alleging trade secret violations and breach of non-competition/non-soliciation agreement by former employee of California subsidiary company.
    Defeating emergency petition for restraining order filed in the Northern District of Illinois alleging trade secret violations and breach of non-competition/non-soliciation agreement by former employee of California subsidiary company.
  • Petitioning for and obtaining on behalf of one of California’s largest private employers a peremptory writ of mandate overturning a discovery order compelling statewide production of employee discrimination complaints.
    Petitioning for and obtaining on behalf of one of California’s largest private employers a peremptory writ of mandate overturning a discovery order compelling statewide production of employee discrimination complaints.
  • Defeating on motion to dismiss statutory claims under the Illinois Consumer Fraud and Deceptive Practices Act and related tort claims for conspiracy and common scheme or plan in multimillion dollar commercial dispute.
    Defeating on motion to dismiss statutory claims under the Illinois Consumer Fraud and Deceptive Practices Act and related tort claims for conspiracy and common scheme or plan in multimillion dollar commercial dispute.
  • Prevailing in Superior Court petition for writ of mandate arising from a former nursing student’s dismissal from a certified nurse anesthetist program.
    Prevailing in Superior Court petition for writ of mandate arising from a former nursing student’s dismissal from a certified nurse anesthetist program.
  • Defeating petition for certiorari to the United States Supreme Court in a $275 million ERISA fiduciary duty claim arising from a pension plan spinoff.
    Defeating petition for certiorari to the United States Supreme Court in a $275 million ERISA fiduciary duty claim arising from a pension plan spinoff.
  • Obtaining affirmance of summary judgment by the Ninth Circuit and dismissal on motion of related arbitral proceedings in a putative class action for breach of and intentional interference with contract.
    Obtaining affirmance of summary judgment by the Ninth Circuit and dismissal on motion of related arbitral proceedings in a putative class action for breach of and intentional interference with contract.
  • Prevailing on a whistleblower retaliation claim in a published appellate decision (Loggins v. Kaiser Permanente Int’l. (2007) 151 Cal.App.4th 1102).
    Prevailing on a whistleblower retaliation claim in a published appellate decision (Loggins v. Kaiser Permanente Int’l. (2007) 151 Cal.App.4th 1102).
  • Prevailing on motion to dismiss before the Department of Labor and on appeal to the Administrative Review Board on separate Sarbanes-Oxley retaliation claims and successfully defending on appeal to the Ninth Circuit the dismissal of related gender di
    Prevailing on motion to dismiss before the Department of Labor and on appeal to the Administrative Review Board on separate Sarbanes-Oxley retaliation claims and successfully defending on appeal to the Ninth Circuit the dismissal of related gender discrimination and retaliation claims brought by a former financial advisor.
  • Responding on behalf of various clients to administrative charges filed before the Equal Employment Opportunity Commission and the California Department of Fair Employment & Housing, all resulting in “no cause” findings.
    Responding on behalf of various clients to administrative charges filed before the Equal Employment Opportunity Commission and the California Department of Fair Employment & Housing, all resulting in “no cause” findings.
  • Advising in connection with successful defense to inquiry by Employment Development Department into claim of independent contractor misclassification.
    Advising in connection with successful defense to inquiry by Employment Development Department into claim of independent contractor misclassification.
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Ellen M. Papadakis