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.
Professional, Community And Pro Bono Involvement
- Sacramento Zoo, Board of Trustees, President, 2018-present; Vice President, 2017
- Leadership California, Class of 2016
- Leadership Sacramento, Sacramento Metro Chamber of Commerce, Class of 2009
- Federal Bar Association
- Sacramento County Bar Association, Labor and Employment Law Section
- California Lawyers Association, Labor and Employment Law Section
- Washoe County Bar Association
- Society for Human Resource Management
- Independent Order of Oddfellows
- Inspire Giving Fund
Honors & Rankings
- Sacramento Business Journal, 40 Under 40, 2014
- Sacramento Magazine, Top Lawyer, Employment & Labor, Employee Benefits, 2015-2023
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.
Announcements
10 related items-
August 1, 202338 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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August 3, 202233 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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June 17, 202138 Downey Brand Attorneys Honored as Top Lawyers by Sacramento Magazine
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July 24, 202045 Downey Brand Attorneys Earn Top Lawyers Distinction from Sacramento Magazine
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May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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February 14, 2018Elizabeth Stallard to Serve as President of the Board of Trustees at the Sacramento Zoo
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July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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July 15, 201660 Downey Brand Attorneys Make Sacramento Magazine’s 2016 Top Lawyers List
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July 14, 201551 Downey Brand Attorneys Named to Sacramento Magazine’s 2015 Top Lawyers List
In the News
10 related items-
January 6, 2021Sacramento region deserves a modern zoo with a greater ability to educate future generations
Sacramento Bee -
September 23, 2021Sacramento Zoo Considering Move to Elk Grove
Sacramento Business Journal -
December 30, 2020Mandatory Paid Sick Leave Related to COVID-19 Expiring in 2021: What You Need to Know
ABC10 Sacramento -
March 19, 2020California Employees Fear They’ll Catch Coronavirus in the Office. What Are Their Options?
The Sacramento Bee -
September 19, 2019Litigation Likely Over Gig Economy Bill, Says Trucking Industry Official
Sacramento Business Journal -
July 25, 2019Dynamex Creates Chaos: Creative Firms Struggle With Their Relationships With Freelancers After the 2018 Court Ruling
Sacramento Business Journal -
April 17, 2019Sacramento Zoo to Discuss Relocation Plans With City Leaders
KCRA3 Sacramento -
April 16, 2019Natomas Residents Push Old Kings Arena as Zoo’s New Home – But it’s Not a Simple Play
The Sacramento Bee -
October 3, 2018Will Sacramento Zoo Move From Its Land Park Home? It Could
The Sacramento Bee -
July 8, 2016Burning Man Challenges BLM’s $2.8M Bill for 2015 Event
Reno Gazette Journal
Speaking Engagements / Events
35 related items-
February 2, 20232023 and Onward – Annual Employment Law WebinarDowney Brand Employment Webinar
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January 19, 20232023 and Onward – Annual Employment Law BriefingDowney Brand In-Person Employment Seminar
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September 1, 2022The Inside Track: The current state of the Private Attorneys General ActSacramento Business Journal Inside Track Series
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February 11, 20222022 and Onward – Annual Employment Law BriefingDowney Brand Employment Webinar
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March 11, 2021The COVID-19 Vaccine Landscape and What Employers Need to Know to Implement a Successful Vaccination ProgramDowney Brand COVID-19 Webinar Series
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January 13, 20212021 and Onward – Annual Employment Law BriefingDowney Brand Employment Webinar
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September 9, 2020Keeping Flood Infrastructure Projects and Maintenance Going During Times of Crisis: A Legal PerspectiveFloodplain Management Association's Annual Conference
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June 11, 2020COVID-19 Impacts on Workers’ CompensationCalifornia Grocers Association, Webinar
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May 22, 2020COVID-19 Webinar No. 8: Considerations for Businesses & EmployersDowney Brand COVID-19 Webinar Series
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April 24, 2020COVID-19 Webinar No. 6: Considerations for Nonprofit OrganizationsDowney Brand COVID-19 Webinar Series
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April 10, 2020COVID-19 Webinar No. 4: Considerations for Businesses & EmployersDowney Brand COVID-19 Webinar Series
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March 27, 2020COVID-19 Webinar No. 2: Considerations for Businesses & EmployersDowney Brand COVID-19 Webinar Series
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January 28, 2020Webinar: New Year, New Challenges – 2020 Annual Employment Law BriefingDowney Brand Employment Webinar
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January 2020New Year, New Challenges: 2020 Annual Employment Law BriefingDowney Brand Employment Seminar
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March 7, 2019Sexual Harassment in the Healthcare SettingPresenter, California Society for Healthcare Risk Management's 38th Annual Conference
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January 2019New Year, New Challenges: 2019 Annual Employment Law BriefingDowney Brand Employment Law Seminar
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November 27, 20182018 ACWA Legal Briefing & CLE Workshop Presented by Downey Brand LLPACWA 2018 Fall Conference & Exhibition
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May 2018Legal Updates: Employment Law Issues in the Agriculture IndustryCo-presenter, Local Advisor Meeting
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March 8, 2018Is That a Service Animal – or Just Your Pet Chihuahua?Speaker, California Society for Healthcare Risk Management 37th Annual Conference
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January 2018New Year, New Challenges: 2018 Annual Employment Law BriefingDowney Brand Employment Law Seminar
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July 10, 2017Mental Health & The WorkplaceCo-presenter, CalPERS Employment Law Presentation
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April 21, 2017Legal Update for EmployersPresenter, Greater Stockton Employer Advisory Council's Luncheon
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February 2017New Year, New Challenges: 2017 Annual Employment Law BriefingDowney Brand Employment Law Seminar
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August 31, 2016ADA Compliance: What Every Business Needs to KnowPresenter, Metro Chamber 2016 Seminar Series
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May 25, 2016California Business Owners Subject to New Employment RegulationsCo-presenter, Metro Chamber 2016 Seminar Series
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May 20, 2016Cybersecurity for Your BusinessJoint Presentation with Moss Adams, Precision Public Relations and Wells Fargo Insurance
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March 15, 2016Grocery Compliance Toolkit: American With Disabilities ActPresenter, California Grocers Association
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March 9, 2016Employment Issues for Startups and Early Stage CompaniesPresenter, Sacramento County Bar Association Business Law Section
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February 24, 2016A New Year Means New Challenges: 2016 Annual Employment Law BriefingCo-presenter, Downey Brand Employment Law Seminar
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July 23, 2015Mental Health and the WorkplacePresenter, Northern California County Counsels' Association Conference
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June 18, 2015Mid-Year Employer Update: Mental Health and the WorkplaceCo-presenter, Downey Brand Employment Law Seminar
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April 9, 2015Social Media and Mobile Devices: Legal Hotspots and How to Avoid ThemPresenter, Fire Districts Association of California Annual Conference
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January 27, 2015Are you ready for 2015? Many New Laws Will Affect California EmployersCo-presenter, Downey Brand Employment Law Seminar
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January 2013Civil Litigation Practice: 2013 Annual Recent DevelopmentsCo-presenter, Continuing Education of the Bar (CEB)
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January 2, 2012Civil Litigation Practice: 2012 Annual Recent DevelopmentsCo-presenter, Continuing Education of the Bar (CEB)
Legal Alerts
31 related items-
June 18, 2021COVID-19 Employers’ Requirements Update
Employment Law -
December 7, 2020Three Important New Employment Laws Taking Effect on January 1, 2021
Employment Law -
June 26, 2020Employers Take Note – Recent Updates From the EEOC Regarding Antibody Testing and Harassment and Discrimination
Downey Brand COVID-19 News and UpdatesEmployment Law -
June 22, 2020The United States Supreme Court Holds Title VII of the Civil Rights Act Protects Gay and Transgender Workers
Employment Law -
May 8, 2020Governor Newsom Signs Executive Order Announcing Workers’ Compensation Presumption for COVID-19
Downey Brand COVID-19 News and UpdatesEmployment Law -
April 6, 2020The Department of Labor Issues New Regulations on the FFCRA
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 29, 2020The Department of Labor Issues Additional Guidance Regarding FFCRA Compliance
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 25, 2020Employers Should Consider the EDD’s Work Share Program As an Alternative to Layoffs
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 20, 2020What is the status of the federal government’s changes to the Family and Medical Leave Act?
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 17, 2020In response to increasing concerns regarding COVID-19, Governor Newsom seeks to minimize hardships and uncertainties for employers and their employees
Downey Brand COVID-19 News and UpdatesEmployment Law -
February 18, 2020California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches
Employment Law -
July 31, 2018California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities
Employment Law -
June 28, 2018U.S. Supreme Court Declares Agency Fees Unconstitutional, Leaving Unions and Others in the Lurch
Employment Law -
June 28, 2018SCOTUS Upholds Class Action Waivers in Arbitration Agreements
Employment Law -
June 28, 2018California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses
Employment Law -
May 3, 2018California Supreme Court Narrows Independent Contractor Classification
Employment Law -
April 5, 2016California Supreme Court Addresses Suitable Seating
Employment Law -
October 20, 2015California Hammers Final Nail into Piece Rate Coffin at the Same Time it Creates an Affirmative Defense
Employment Law -
October 6, 2015Governor Signs Urgency Legislation to Help Curb Frivolous PAGA Suits
Employment Law -
August 25, 2015Fair Employment and Housing Council Amends California Family Rights Act Regulations
Employment Law -
August 25, 2015California Legislature Amends the Healthy Workplaces, Healthy Families Act of 2014
Employment Law -
October 8, 2014Protections under the Fair Employment and Housing Act Extended to Unpaid Interns
Employment Law -
October 8, 2014California Legislature Clarifies and Expands Prevailing Wage Laws
Employment Law -
October 8, 2014California Becomes Second State to Require Paid Sick Leave
Employment Law -
October 8, 2014Minimum Wage Citations Issued by the Labor Commissioner Now Include any Applicable “Waiting Time” Penalties
Employment Law -
October 8, 2014California Imposes Additional Requirements to Address Sexual Harassment of Agricultural Field Workers
Employment Law -
October 8, 2014Employers Now Share Liability with Staffing Companies and Labor Contractors for Wage Violations
Employment Law -
October 8, 2014Required Sexual Harassment Training for Supervisory Employees Must Now Include Training on the Prevention of Abusive Conduct
Employment Law -
June 16, 2014California Minimum Wage Increases to $9
Employment Law -
June 16, 2014California Supreme Court Decision Expected this Summer Regarding Enforcement of Class-Action Waivers in Arbitration Agreements
Employment Law -
June 16, 2014California Expands Paid Family Leave
Employment Law
Publications
5 related items-
March 2019ADA Update: Can That Animal Come in Here?
California Grocer, Issue 1 -
June 22, 2016Jury Still Out on Whether Bill will Stymie Access Lawsuit Abuse
Daily Journal -
November 2015Urgency Legislation Helps Curb Frivolous PAGA Lawsuits
California Grocer, Issue 6 -
October 2012ADA News
California Grocers Association, CGAbulletin -
September 2009Parallel Proceedings: Double Legal Trouble When Civil Litigation Turns Criminal
Northern Nevada Business Weekly, Business Law Guide
Shortly after college, Elizabeth represented the United States as one of two members of a debate team that traveled to the United Kingdom, Ireland, and Portugal to provide debate training, participate in public exhibition debates with Members of the UK Parliament and other public figures, and compete in intercollegiate competitions hosted at European universities. Her debate experience helped to foster a love of international travel – she has now been to every continent except for Antarctica (so far) – and led to cherished friendships with people all over the world.
Elizabeth Stallard represents clients defending against third-party citizen suits, and in litigation involving and related to contaminated sites.
Elizabeth’s extensive litigation and negotiation skills, combined with her understanding of state and federal environmental law, make her a valuable advocate for public and private entities engaged in environmental disputes.
Experience
- Counsel for Monterey County Water Resources Agency in litigation brought by environmental organization alleging violations of the Porter-Cologne Water Quality Control Act and related claims.
- Counsel for Waste Connections in multi-party litigation stemming from landfill closure.
- Counsel for property owner in litigation involving groundwater contamination resulting from dry cleaning operations.
- Counsel for lender in breach of contract action associated with environmental remediation of the Campus Bay property in Richmond, California.
- Counsel for party remediating hazardous waste landfill in action brought by neighboring landowner alleging damage to its property.
Professional, Community And Pro Bono Involvement
- Sacramento Zoo, Board of Trustees, President, 2018-present; Vice President, 2017
- Leadership California, Class of 2016
- Leadership Sacramento, Sacramento Metro Chamber of Commerce, Class of 2009
- Federal Bar Association
- Sacramento County Bar Association, Labor and Employment Law Section
- California Lawyers Association, Labor and Employment Law Section
- Washoe County Bar Association
- Society for Human Resource Management
- Independent Order of Oddfellows
- Inspire Giving Fund
Honors & Rankings
- Sacramento Business Journal, 40 Under 40, 2014
- Sacramento Magazine, Top Lawyer, Employment & Labor, Employee Benefits, 2015-2023