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Dale A. Hudson



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.

What do you focus on?

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.

What do you see on the horizon?

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

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
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Sony Music ends copyright fight with Gymshark over social media posts

Reuters Legal | January 26, 2022

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.

Justices eye tossing H&M copyright case for question swap

Law360 | November 08, 2021

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.

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

The National Law Journal | September 29, 2021

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.

H&M sweater spat heads to High Court

Courthouse News Service | June 01, 2021

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.

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

Reuters | June 01, 2021

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.

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

Bloomberg Law | June 01, 2021

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.

Supreme Court agrees to hear H&M copyright case

Law360 | June 01, 2021

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.

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

Reuters Legal | June 01, 2020

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.

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

Law360 | May 29, 2020

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.

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

The Recorder | May 29, 2020

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.

H&M Gets Fabric Design Copyright Infringement Verdict Overturned

Bloomberg Law | May 29, 2020

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.

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Contact

Dale A. Hudson

Senior Counsel

Los Angeles

Phone: 213-629-6015


Fax: 866-741-1399

University of California, Berkeley School of Law, Boalt Hall, J.D., (Order of the Coif)

University of California, Santa Cruz, B.A., with honors

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

  • 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
  • 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
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