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    1. Home
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    3. Dale A. HudsonPeople
    1. Home
    2. People
    3. Dale A. HudsonPeople

    Dale A. Hudson

    Senior Counsel


    • Los Angeles
    • Office213.629.6015
    • dhudson@nixonpeabody.com
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    Introduction

    Dale Hudson is senior litigator with a proven track record of litigating employment, commercial, and intellectual property matters. In addition, he provides strategic advice to California employers regarding employment law compliance and litigation avoidance.

    Practice Areas

    Arbitration, Mediation & Alternative Dispute ResolutionCalifornia Labor & EmploymentComplex DisputesIntellectual PropertyLabor & EmploymentLabor & Employment LitigationLitigationNon-Compete & Trade Secrets

    My focus

    I focus on four areas, utilizing more than 40 years of experience to achieve successful outcomes for clients.

    Class Action Defense

    I have a proven track record of successfully defending class action lawsuits involving wage and hours claims of all types. I have repeatedly been successful in preventing class certification and have also achieved very favorable settlements for many clients.

    Intellectual Property Litigation

    I have litigated many intellectual property matters in both California state and federal courts, including most recently a case involving statutory interpretation, currently before the U.S. Supreme Court.

    Employment litigation

    My work also includes successfully defending wrongful termination, discrimination, disability, harassment, retaliation and unfair competition litigation matters. I represent employers before state and federal courts, administrative agencies at the state and federal level and various arbitration tribunals.

    Employment Counseling and Litigation Avoidance

    I assist clients in navigating the complex labyrinth of employment laws governing the workplace, and developing programs and policies to reduce legal risk. I have worked with certain key clients for over a decade to help them manage delicate employment situations. As a result of these partnerships, these clients have been virtually free of employment litigation for over ten years.

    Looking ahead

    I believe that employers need to implement innovative alternative dispute resolution strategies, including arbitration programs, to manage the deluge of class action and other lawsuits that have targeted employers over the past decades. Such efforts will likely pay big dividends down the road.

    Publications

    • “The Requirements of California Wage and Hour Law: A Primer,” Labor & Employment Bulletin, September 2017
    • “Workplace Investigation Dos and Don’ts,” Human Resources Executive Magazine, May 2013
    • “Do You Have Employees? What You Need To Know About Wage And Hour Law,” Independent Game Developers Association Perspectives, March 2010

    Representative experience

    • Obtained summary judgment for a major apparel retailer in a wrongful termination lawsuit that included allegations of discrimination, harassment and retaliation. Plaintiff claimed that he had been wrongfully terminated after the employer declined, after receiving a negative background report, to promote plaintiff from a temporary position to a permanent position. Plaintiff also alleged that he was discriminated against because of his race, gender, and ethnicity. The court granted summary judgment in favor of the employer, holding that the employer had legitimate, non-discriminatory reasons for terminating plaintiff. The court also found that plaintiff had not been harassed by any managers or co-workers.
    • Represented California-based fruit farming company in a putative class action lawsuit regarding alleged wage and hour violations, “off-the-clock” work, missed meal and rest periods, and penalties. The putative class consisted of potentially 10,000 agricultural workers employed in grape growing and harvesting. A well-crafted defense strategy led to the district court denying plaintiffs’ motion for class certification. After briefing and argument, the Ninth Circuit affirmed the district court’s denial of class certification in all respects, holding that district court had not abused its discretion in denying class certification, and rejecting all other arguments raised by plaintiffs. Garcia v. Sun Pacific Farming Cooperative, Inc., United States District Court, Eastern District of California, 2008 U.S. Dist. LEXIS 111969; Ninth Circuit Court of Appeals, 2009 U.S. App. LEXIS 24999
    • Obtained summary judgment in a wrongful termination lawsuit against a major healthcare provider. The motion addressed a complex lawsuit with multiple claims including claims for defamation, wrongful termination, harassment, retaliation and disability discrimination. The court granted summary judgment as to all eight causes of action, and thereafter denied plaintiffs motion for new trial, resulting in dismissal of the lawsuit.
    • Achieved an extraordinary outcome with respect to a wrongful termination claim against a manufacturing company. After the matter failed to settle at mediation, the employee ultimately fired her attorney and dropped the claim completely.
    • Defended transportation company in a claim in what originated as combined wrongful termination claim and potential class claim for violations of overtime and meal and rest period rules. After an aggressive letter-writing campaign, plaintiffs’ counsel abandoned all class claims and the wage and hour claims. The complaint ultimately filed by plaintiffs included only wrongful termination claims. These claims were settled pursuant to a confidential settlement agreement on an individual (non-class) basis.
    • Represented national retail chain and national hotel chain in a class action lawsuit regarding alleged improper inquiries on employment applications. Served as lead counsel for 105 defendants with respect to successful demurrer. Obtained voluntary dismissal as to one defendant. As to other defendant, participated in group settlement with nominal payment of $10,000.
    • Defended transportation company in a class action lawsuit regarding alleged wage and hour violations and “off-the-clock” work. Achieved non-class settlement with nominal payment to individual plaintiff, and unconditional dismissal of all class claims.
    • Defended a financial institution in an action for wrongful termination, sexual orientation discrimination and harassment. After several months of litigation, achieved a settlement funded 100% by a co-defendant. The client received a full release and dismissal without contributing any money to the settlement.
      Successfully defended high-tech company at a hearing before the California State Labor Commissioner. The matter involved a claim by a former executive for severance pay and bonus pay. The Labor Commissioner found for the company and award nothing to the executive.
    • Obtained summary adjudication of issues in a wrongful termination/ sexual harassment lawsuit filed against a regional dental group by a former dental hygienist. The court granted summary adjudication as to all five causes of action addressed by the motion.
    • Defended transportation company in a class action lawsuit that initially alleged a broad array of wage and hour claims, including claims for overtime, minimum wage, wage statement, and meal period violations. Within one year, obtained dismissal of three causes of action, leaving only meal period claims. Thereafter achieved class settlement of meal period claims at fraction of potential exposure.
    • Defended national movie theater chain from a defamation claim arising out of an internal investigation that led to termination of plaintiff. After the plaintiff’s deposition elicited damaging admissions from the plaintiff, plaintiff’s attorney initiated settlement discussions. The matter was ultimately resolved pursuant to a confidential settlement.
    • Successfully defended an age discrimination case based on the plaintiff’s assertion of a failure to hire claim. Negotiated a settlement whereby the plaintiff agreed to dismiss the employer in exchange for a waiver of costs and no further consideration.
    • Represented guarantor in anti-deficiency legislation, liability of guarantors. Obtained reversal of $1 million judgment against client. Resulted in adoption of clarifying statute by the California Legislature. See California Civil Code section 2856(a). Cathay Bank v. Lee, 14 Cal. App. 4th 1533, Court of Appeal, 4th District

    Admitted to practice

    U.S. Supreme Court
    California
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Central District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Northern District of California
    U.S. District Court, Southern District of California

    Education

    University of California, Berkeley School of Law, Boalt Hall, J.D., (Order of the Coif)
    University of California, Santa Cruz, B.A., with honors

    Professional activities

    • Orange County Bar Association, Labor and Employment Law Section
    • California State Bar Association, Labor and Employment Law Section
    • Chairperson, Board of Directors, American Red Cross, Orange County Chapter; Past Chair, Board Development Committee
    • Past Chair, Human Resources Committee, American Red Cross, Orange County Chapter
    • Past Co-Chair, HR Roundtable, American Electronics Association, Orange County Chapter
    • Arbitrator, Orange County Bar Association, Mandatory Fee Arbitration Program
    • Delegate, California State Bar Conference of Delegates

    Recognition

    • Received a “Spirit of Volunteerism” award from OneOC, in recognition of his service to the American Red Cross
    • Recognized at the 2014 Annual Meeting of the Orange County Chapter of the American Red Cross for eight years of service on the Board of Directors.
    • Recognized as one of “Southern California’s Top Rated Lawyers” in Labor and Employment
    • AV® Preeminent™, Martindale Hubbell Peer Review Ratings
    • Honoree, Spirit of Volunteerism Award, Volunteer Center of Orange County, 2010

    News Mentions

    • Reuters Legal

      Sony Music ends copyright fight with Gymshark over social media posts

      This article, on Sony Music agreeing to drop a copyright lawsuit against fitness apparel company Gymshark for its alleged misuse of songs in social media ads, mentions Los Angeles Intellectual Property partner and Fashion practice leader Staci Jennifer Trager for representing Gymshark. Los Angeles Labor & Employment senior counsel Dale Hudson also worked on the case.
      Jan 26, 2022
    • Law360

      Justices eye tossing H&M copyright case for question swap

      This article covers Monday’s argument before the U.S. Supreme Court on behalf of client H&M Hennes & Mauritz, LP in a five-year-long copyright dispute between the fashion retailer and textile manufacturer Unicolors, Inc. The outcome could have a significant and lasting impact on copyright holders as well as alleged infringers by determining what consequences a registrant faces when it fails to provide accurate information on its copyright application. The article mentions Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office, for representing H&M.
      Nov 8, 2021
    • The National Law Journal

      A quiet US Supreme Court term ahead for IP—with one potential explosion

      This article covering high-profile IP cases in the U.S. Supreme Court’s upcoming term includes a case involving client H&M Hennes & Mauritz, LP and allegations of fabric design copyright infringement by textile company Unicolors. The NP team representing H&M includes Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      Sep 29, 2021
    • Courthouse News Service

      H&M sweater spat heads to High Court

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Reuters

      SCOTUS to review H&M's 9th Circuit win in copyright dispute

      The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Bloomberg Law

      High Court to consider intent bar in H&M copyright escape

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Law360

      Supreme Court agrees to hear H&M copyright case

      The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
      June 1, 2021
    • Reuters Legal

      IN BRIEF: Unicolors' copyright win against H&M unravels in 9th Circuit

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      June 1, 2020
    • Law360

      9th Circ. Says Suit Against H&M Hinges On Copyright Validity

      This article mentions Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles, for representing H&M in a dispute involving allegations of fabric design copyright infringement. The NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth District to reverse the trial court’s decision.
      May 29, 2020
    • The Recorder

      H&M Gets Another Shot at Challenging Validity of Pattern Copyright

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      May 29, 2020
    • Bloomberg Law

      H&M Gets Fabric Design Copyright Infringement Verdict Overturned

      The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
      May 29, 2020
    • Law360

      What to expect after latest DOL overtime rule appeal

      Los Angeles labor and employment counsel Dale Hudson and Rochester labor and employment associate Jeffrey League authored this column about what employers should expect relating to the U.S. Department of Labor’s appeal, which invalidated the Obama administration’s overtime rule.
      Nov 16, 2017
    • 5th Circ. dismissal signals end to Obama overtime regs

      Los Angeles labor and employment counsel Dale Hudson and Rochester labor and employment associate Jeff League authored this column about a recent U.S. Department of Labor request that was granted by the Fifth Circuit to dismiss an appeal of a ruling that enforced the Obama administration’s overtime pay regulations.
      Sep 22, 2017
    • Bender’s California Labor & Employment Bulletin

      The requirements of California wage and hour law: a primer

      Los Angeles labor and employment counsel Dale Hudson and associate Irene Scholl-Tatevosyan authored this article on California’s wage and hour mandates for employers.
      Sep 1, 2017
    • Orange County Business Journal

      American Red Cross Names New Board Chair and New Board Members

      Los Angeles counsel Dale Hudson has been named as the chair of the American Red Cross Orange County.
      July 6, 2015
    • Law360

      Calif. Justices to Weigh Break Issue Left Open by Brinker

      Los Angeles Labor & Employment counsel Dale Hudson is quoted in this article discussing the California Supreme Court’s decision to hear a class action brought a group of security guards who claim they were illegally forced to be on call during breaks and how this case gives the court a chance to clarify whether rest periods must be free from all work.
      June 2, 2015

    Insights And Happenings

    • Article

      U.S. Supreme Court to consider fabric design copyright case

      Nov 1, 2021

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