Elizabeth B. Stallard

Elizabeth B. Stallard

Partner

Elizabeth B. Stallard

Partner

Elizabeth Stallard helps clients navigate complex employment and business issues with a common sense and pragmatic approach. A seasoned and creative problem-solver, Elizabeth advises clients with workforce management issues and efficiently resolves disputes either through litigation or alternative dispute resolution.

Banks, mall owners, trade associations, manufacturers, and other businesses and individuals rely on Elizabeth for counsel in disputes with employees, business associates, and customers, in subject areas ranging from intellectual property to breach of contract to fraud and qui tam claims to environmental contamination. She has also been involved in the defense of several class actions, including currently serving as lead counsel in a class action involving ADA accessibility at a major hospital group.

Elizabeth has experience in all aspects of state and federal civil litigation at both the trial and appellate level, including discovery, motion practice, and alternative dispute resolution.  She has represented clients involved in investigations by the EEOC, DFEH, Cal/OSHA, DLSE, DOJ, SEC, FAA, and other agencies, as well as represented those clients in related state and federal litigation and administrative proceedings.  Elizabeth also has a long and demonstrated record of successful and effective advocacy in front of state and federal courts in both California and Nevada, including serving as lead trial counsel in both states.

Elizabeth also provides advice and counseling to both private and public sector clients dealing with workforce management, disability access, and worker safety issues.

Experience

Employment Counseling

  • Provide advice to hospital regarding obligations associated with request for reasonable accommodation from physician.
  • Advise technology consulting company regarding termination and severance options for various employees.
  • Assist manufacturing company in implementing procedures for proper handling of requests for medical leave.
  • Provide advice to public entity regarding steps required to comply with union grievance procedures.
  • Conduct interviews and related workplace investigation stemming from accusations of employee misconduct at non-profit organization.
  • Provide advice to public entity regarding form of performance evaluation and evaluation process for executive employee.
  • Draft independent contractor agreement for medical device company.
  • Prepare employment contract for executive employee of automobile dealership.
  • Assist restaurant owner in remedying discrepancies associated with Employment Development Department reporting and payments.
  • Provide advice to clients regarding CalPERS obligations and compliance.
  • Prepare employee handbooks and associated policies for both public and private sector clients, including policies related to sick leave, employee benefits, social media, and workplace conduct.

Employment Litigation and Intellectual Property Litigation

  • Lead counsel for manufacturing company defending against lawsuit by former employee alleging disability discrimination, sexual discrimination, wrongful termination, and retaliation.
  • Lead counsel for medical device company in action against former independent contractor for breach of contract, conversion, defamation, and fraud.
  • Lead counsel for water heater company in class and PAGA action involving wage and hour, CFRA, and ICRAA claims.
  • Lead counsel for scaffolding company defending against wrongful termination and age discrimination claim.
  • Lead counsel for medical device company defending against claim that employee was improperly classified as independent contractor.
  • Lead counsel for homeowners association defending against lawsuit alleging wrongful termination, discrimination, and wage and hour claims.
  • Lead counsel for environmental services company and its principals in trade secret and breach of non-competition agreement dispute with former employer.  The lawsuit, which also involved cross claims for sexual harassment and related employer misconduct, was favorably settled in mediation on eve of trial.
  • Counsel for software company in action against customer and competitor for breach of license agreement, copyright infringement and trade secret misappropriation.
  • Counsel for producer of animal biologics in action for misappropriation of trade secrets against former employee.
  • Counsel for printer cartridge manufacturer responding to efforts by Lexmark International, Inc. to obtain third party discovery regarding alleged patent infringement.  Successfully handled motion practice and related oral argument.
  • Counsel for online computer accessories retailer in action against former employees for trade secret misappropriation and related claims.
  • Counsel for engineered heating cable system manufacturer in litigation related to competitor’s improper use of its intellectual property.
  • Counsel for building maintenance services company in state and federal litigation related to misappropriation of intellectual property by competitor and former employee.

Disability Access Counseling and Litigation

  • Advise private and public entities regarding accessibility issues, and how to assess compliance with access laws.
  • Investigate and prepare client responses to customer and public complaints regarding access issues.
  • Advise parties to real estate transactions of their obligations under federal and state access laws and how to address these obligations in associated agreements.
  • Lead counsel for Dignity Health in class action regarding ADA accessibility at all of its facilities, as well as individual lawsuits brought under state and federal access laws.
  • Lead counsel for hospitals, shopping malls, restaurants, other commercial properties, and apartment buildings in claims brought under state and federal accessibility laws, as well as in federal and state administrative proceedings asserting access violations.

Cal/OSHA Counseling and Litigation

  • Provide advice and consultation to public and private entities regarding their obligations under applicable state and federal laws pertaining to worker safety.
  • Represent clients responding to Cal/OSHA investigations and citations, including serving as lead counsel in related administrative proceedings.

Business Litigation and Appellate Litigation

  • Lead trial counsel in action seeking damages for breach of contract and tort claims, including fraud, related to failure to pay for professional services.  Obtained judgment in client’s favor after conclusion of two-week trial.
  • Lead trial counsel in defense of California False Claims Act qui tam action involving Underground Storage Tank Cleanup Fund regulations.  At close of Plaintiff’s case, eliminated False Claims Act claim (and nearly all damages sought by Plaintiff) by prevailing on Motion for Judgment.
  • Lead counsel for medical products distributor in action for breach of contract, fraud, unfair competition, and related claims.
  • Lead counsel for client suing former business associate for breach of contract and fraud related to theft of company and personal property.  Obtained judgment in client’s favor.
  • Lead counsel for trade association and workers’ compensation administrator in breach of contract and fraud suit brought by a former association member.  Obtained summary judgment on behalf of clients.  When judgment was later appealed to the Ninth Circuit, conducted the oral argument and obtained affirmation of the District Court’s judgment.
  • Lead counsel for Black Rock City, LLC (Burning Man) in contract dispute with former ticket vendor.  Obtained judgment in client’s favor.
  • Lead counsel for imaging equipment company in litigation related to alleged breach of equipment lease.  Settled case on eve of trial.
  • Counsel for Sierra Pacific Industries in action seeking review pursuant to Administrative Procedures Act for United States Department of Agriculture’s refusal to make witnesses available for state court depositions.
  • Counsel for purchasers of an automobile dealership pursuing claims against seller related to breach of the purchase agreement.
  • Successful defense as lead counsel for forest products company in AAA arbitration brought by a hospital seeking to recover medical costs incurred for the care of a company employee.
  • Lead counsel in successful defense against interlocutory appeal to Nevada Supreme Court in fraud and breach of contract dispute related to failure to pay for professional services.
  • Counsel for winery in dispute related to defective products received from suppliers.
  • Counsel for fertilizer manufacturer in product liability litigation involving damaged almond orchards.

Professional, Community And Pro Bono Involvement

  • Member, Leadership California, Class of 2016
  • Vice President , Board of Trustees, Sacramento Zoo
  • Member, Independent Order of Oddfellows
  • Member, Federal Bar Association
  • Member, Sacramento County Bar Association
  • Member, Washoe County Bar Association
  • Member, Society for Human Resource Management
  • Graduate, Leadership Sacramento, Class of 2009
  • Member, Inspire Giving Fund

Honors And Rankings

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