Ruben D. Escalante

Areas of Practice

As a member of the Labor and Employment Group, Mr. Escalante provides frequent counsel to employers on compliance with state and federal employment laws and regulations, litigation prevention and civil trials.  He represents only management.

Mr. Escalante has experience defending employers in both state and federal courts in multiple areas of employment law, including wage and hour class actions, breach of contract, claims of discrimination, harassment, retaliation, and wrongful termination, defamation, and other related matters.

Mr. Escalante has represented employers before various governmental agencies including the Department of Fair Employment and Housing (DFEH), Department of Industrial Relations, Fair Employment and Housing Commission (FEHC), Cal/OSHA Appeals Board, Workers' Compensation Appeals Board, California Unemployment Appeals Board, and U.S. Equal Opportunity Commission (EEOC).

As a member of the Business Trial Practice Group, Mr. Escalante handles a wide range of complex civil litigation in both state and federal courts.  Mr. Escalante has experience handling large consumer class action lawsuits, arbitrations, shareholder derivative actions, purchase price adjustment disputes, breach of contract claims, and other related matters.

Mr. Escalante has trial experience.

Education

• J.D., University of Southern California, 2006, Articles Editor, Southern California Law Review, American Jurisprudence
• B.A., University of California, Los Angeles, 2003, summa cum laude, Phi Beta Kappa, departmental highest honors, college honors

Clerkships

• Judicial Extern to Justice Thomas E. Hollenhorst, California Court of Appeal
• Judicial Extern to Judge Stephen G. Larson, United States District Court for the Central District of California

Admissions

• California
• U.S. District Court for the Central and Eastern Districts of California
• Ninth Circuit Court of Appeals

• March, 2008 – Arbitration (6 days)
  Arbitrator: JAMS (Justice Edward A. Panelli (Ret.))
  Case: Breach of Contract, Fraud
  Role: Managing Associate
  Verdict: Defense Verdict

• May, 2008 – Jury Trial (24 days)
  Court: Orange County Superior Court (Hon. Peter Polos)
  Case: Gender Discrimination and Harassment, Retaliation, Loss of Consortium
  Role: Managing Associate
  Verdict: Defense Verdict

• August 2009 – Trial (8 days)
  Court: Orange County Superior Court (Hon. Richard Luesebrink)
  Case: Disability Discrimination, Harassment, Retaliation, Failure to Accommodate
  Role: Second Chair
  Verdict: Defense Verdict
  
• December 2009 – Jury Trial (8 days)
  Court: Orange County Superior Court (Hon. Franz Miller)
  Case: Overtime (Exemption) and Meal/Rest Period
  Role: Managing Associate
  Verdict: Defense Verdict

• May, 2010 – Motion for Summary Judgment
  Court: United States District Court, Eastern District (Hon. Frank C. Damrell, Jr.)
  Case: Breach of Contract, Breach of Fiduciary Duty, Negligence, Interference, Fraud, Unjust Enrichment, and Predatory Lending
  Role: Managing Associate
  Judgment: Defense Judgment

• August, 2010 – Motion for Summary Judgment
  Court: Orange County Superior Court (Hon. Sherri Horner (Pro Tem))
  Case: Breach of Contract, Unfair Competition (Fraud), Defamation
  Role: Managing Associate
  Judgment: Defense Judgment

Memberships

• Former Academic Chair, La Raza Law Students Association

Articles

Labor & Employment Law Blog Articles

• "Doctors, Religion, and Discrimination: Can A Medical Clinic Discriminate In The Name Of Religion?", August 20, 2008

Hispanic/Latino Newsletter

• Enfoque Latino - Spring 2008