Dianne Baquet Smith

Dianne Baquet Smith is a partner in the Labor and Employment Practice Group in the firm's Los Angeles office.  Prior to joining the firm in 1991,  Ms. Smith was senior labor and employment counsel with Sears, Roebuck and Co.'s Regional Law Department, where she provided legal services to facilities in 14 western states.

Areas of Practice

Ms. Smith has extensive experience representing management in litigation of wrongful discharge, discrimination, breach of contract, breach of public policy, representation, unfair labor practice, ERISA, and other types of labor and employment cases through jury trial. She has handled traditional labor issues (grievance arbitrations, union representation proceedings, strikes, contract negotiations, lockouts, handbilling, picketing, etc.).  She has trained and advised clients on personnel matters, employment practices, loss prevention, operating safety and other subjects, including facilitation of preventative action, legal compliance, and necessary responsive action.  She has handled a broad range of administrative matters regarding business practices, including employment discrimination charges with state and federal agencies in California, Oregon and Washington, and represented clients in proceedings before the National Labor Relations Board, OSHA and California Department of Industrial Relations.

As a trial attorney with the National Labor Relations Board from 1980 through 1982,  Ms. Smith investigated and tried unfair labor practice cases and handled representation matters and injunction proceedings.

Education

• J.D., University of California, Berkeley, Boalt Hall School of Law, 1980
• A.B., Stanford University, 1977

Admissions

• Supreme Court of the State of California
• U.S. Court of Appeal for the Ninth Circuit
• U.S. District Court, Central, Eastern, Northern and Southern Districts in California

Representative Employment Law Matters:

Obtained summary judgment, costs and $65,000 in attorneys' fees in L.A. Superior Court - Southwest District, whistleblower action by former secretary alleging wrongful termination for use of racial slurs in the workplace against major aerospace contractor and six individual defendants.

Following two-week jury trial obtained defense verdict and costs for employer (ice cream manufacturing plant) and supervisor in L.A. Superior Court hostile environment sexual harassment action, Judgment for defense upheld on appeal.

Obtained summary judgment and costs for non-profit credit union and three officers/managers in L.A. Superior Court action alleging sex discrimination, breach of contract and public policy discharge.  Appeal filed by plaintiff.  Judgment for defense upheld on appeal, with an award of costs.

Defended major financial institution in Los Angeles County Superior Court action alleging race discrimination in employment.  Favorable settlement reached.

Provided advice to bicycle manufacturer concerning dispute with former president and drafted revisions to executive employment agreement.

Provided advice to credit managers association concerning Americans With Disabilities Act and medical questionnaire.

Representation of benefit plan in U.S. District Court ERISA action alleging denial of long-term disability benefits.

Defense of non-profit organization and seven individual defendants in federal court action alleging civil rights violations.  Motion to dismiss granted.

Provided advice to Taiwanese and U.S. banks concerning COBRA and WARN Act issues.

Defense of wrongful termination action against major retailer, arising out of corporate downsizing.  Summary judgment granted.

Lead counsel on jury trial of L.A. Superior Court wrongful termination and whistle blower case brought against non-profit health care organization.

Defense of subsidiary of national retailer in action alleging discrimination on the basis of military status and service.  Action removed to federal court and dismissed on 12(b)(6) motion.

Representation of severance plan in Northern District of California federal court action alleging denial of benefits in violation of ERISA.  Action favorably settled at mediation.

Defense of national insurance company in Central District of California federal court action alleging violations of FEHA, ADEA and Section 1981.  Six of nine plaintiffs, two individual defendants, and most of over 40 claims dismissed on 12(b)(6) or summary judgment motion.  First chaired one week jury trial of age discrimination claims by remaining three plaintiffs.  Unanimous defense verdicts obtained.

Represented salaried pension plan in federal court action alleging denial of enhanced retirement benefits and breach of fiduciary duties.  Action settled following filing of motion for summary judgment.

Handled numerous judicial and contractual arbitrations, and dozens of mediations.

Conducted sexual harassment and diversity training seminars for a) management, sales and office personnel of Los Angeles commercial real estate agency, b) law firm, and c) health plan.

Conducted investigations of whistle blower and sexual harassment, sexual orientation and disability discrimination claims.

Represented major textile manufacturer in U.S. District Court (Santa Ana) action involving novel antitrust, fraud and misappropriation claims, as well as wrongful discharge and ERISA causes of action, by former employee.  Summary judgment obtained for client on all counts, eliminating costly trial.

Representative Labor Law Matters:

Advised clients concerning decertification, unit clarification, and accretion issues relating to unionized facilities in California, and Pacific Northwest and Rocky Mountain states.

Drafted and revised collective bargaining agreements, and provided counseling concerning contract negotiations.

Counsel for employer at all stages of numerous representation proceedings before NLRB, including challenges to sufficiency of showing of interest, hearings, motion work, campaign and election advice, and post-election proceedings. Successfully litigated unit issues and/or defeated union organizing efforts by: Teamsters, Local 223; International Association of Machinists, Local 190; United Auto Workers Union; Professional & Clerical Employees Division, Teamsters Local 856; United Food and Commercial Workers Union, Locals 770 and 839; Teamsters, Local 78; and Teamsters Automotive Workers Union, Local 576.

Handled investigation of various unfair labor practice charges against unions and employers, including charges under Sections 8(a)(1), (2), (3), and (5), and Sections 8(b)(1), (2), and (7) of the National Labor Relations Act.

Substantial injunction work related to unfair labor practices, picketing and strikes.

Successfully tried several unfair labor practice cases, and handled back pay proceedings and appeals as necessary.

Advised clients on handling of strike, picketing, and handbilling situations.

Obtained award in favor of employer on labor arbitration concerning grievance over two-week suspension.

During arbitration, negotiated favorable settlement of discharge grievance on behalf of nonprofit health maintenance organization.

Handled several grievance arbitrations on behalf of employers.

Honors

• Received the AV® rating by Martindale-Hubbell® (This is the highest rating an attorney can receive for legal quality and ethics)
• Southern California Super Lawyer, 2007

Memberships

• Member, American Bar Association
• Member, National Bar Association
• Member, Black Women Lawyers Association
• Board Member, Los Angeles County Bar Association Foundation, 2007 - present
• Member, "Diversity in the Profession" Committee, Los Angeles County Bar Association, 2006 - present
• Judge Pro Tem, Los Angeles County Municipal Court
• Representative and Delegate, Ninth Circuit

Articles

• Sheppard Mullin Announces Launch of New Firm Diversity Programs, Metropolitan News Enterprises, November 14, 2008

Speeches

• Lecturer, Council On Education In Management
• Speaker, National Association of Broadcasters Radio Group
• Speaker, John M. Langston Bar Association
• Speaker, Los Angeles County Bar Association, Barristers Section and Labor and Employment Law Section
• Speaker, Black Women Lawyers Association of Los Angeles
• Speaker, State Bar of California, Section on Labor and Employment