Damage in Employment Cases
Proving and valuing damages are among the most aggressively contested parts of employment ligation. Does a claimant have a right to damages or only injunctive relief? What types of damages are available? Most importantly, how is each component of the damage award valued? This program will take a practical approach to answering these questions in the context of the most common forms of employment litigation, including wage and hour, discrimination and harassment claims. The program will also discuss special damage issues related to Title VII claims.
- Rights to damages
- Types of damages – economic, emotional distress, punitive
- Title VII claims and damages
- Techniques for limiting damages at each state of litigation
Andrew R. Livingston is a partner in the San Francisco office of Orrick, Herrington & Sutcliffe LLP, where he provides both litigation and counseling services to employers in a wide range of industries. He has an extensive class and collective action practice and routinely defends employers in such cases in state and federal courts, particularly in cases alleging violations of the wage and hour laws. Mr. Livingston also defends employers in numerous other types of cases, such as those related to restrictive covenants and trade secrets, wrongful termination, discrimination, harassment and retaliation. Prior to joining Orrick, he was a labor and employment partner at Heller Ehrman LLP. Mr. Livingston received his B.A. from the University of Virginia and his J.D. from William and Mary School of Law.
