
Overview
Paul Cane is a senior counsel in the Employment Law practice of Paul Hastings and is based in the firm’s San Francisco office. Mr. Cane represents management in employment matters. His principal focus is major motions and appeals.
Mr. Cane has briefed and argued numerous cases in the state and federal courts of appeals, including the California Supreme Court and U.S. Supreme Court. He has a special expertise in appeals involving pre-dispute arbitration agreements. Mr. Cane is a graduate of Dartmouth College and the law school at the University of California at Berkeley, where he was Editor-in-Chief of the California Law Review. Before joining Paul Hastings in 1981, he served as law clerk to United States Supreme Court Justice Lewis F. Powell, Jr.
Recognitions
- Chambers USA, Labor & Employment (2022)
- Ranked in Band 1 for Labor & Employment in California by Chambers USA
- Recognized by The Legal 500 for Labor and Employment Disputes (2020)
- Listed as one of The Daily Journal’s top Labor and Employment lawyers (2018)
- Honored as "California Lawyer of the Year" for Labor and Employment by California Lawyer magazine
- Holds a place on the list of lawyers featured in the "Labour & Employment" chapter of The International Who’s Who of Business Lawyers
- Listed in Best Lawyers in America for more than 25 years
Education
- Boalt Hall School of Law at the University of California at Berkeley, 1979
- Dartmouth College, summa cum laude, 1976
Representations
- Argued and won a unanimous decision in the California Supreme Court for Forever 21 (Baltazar v. Forever 21, Inc. (2016).) The Court enforced the company’s pre-dispute arbitration agreement and overruled several prior court of appeal cases that lower courts had used to invalidate such agreements.
- Argued and won a unanimous decision in the U.S. Supreme Court for Sprint Nextel (Sprint/United Management Co. v. Mendelsohn (2008).) The Supreme Court reversed a Tenth Circuit decision that had held that trial courts must admit so-called "me, too" evidence: witnesses who would testify that they believe that they, too, were discriminated against by the defendant, but who lack a close factual nexus to the plaintiff and plaintiff’s decisionmaker. (This case was Mr. Cane’s second U.S. Supreme Court victory. The Supreme Court earlier granted review, then ruled in favor of his client, in a disability-discrimination case, Raytheon Co. v. Hernandez (2003).) In Sprint, on remand from the Supreme Court, the Tenth Circuit in 2010 unanimously reinstated a jury verdict in Sprint’s favor.
- Won a new trial for Lucasfilm in a pregnancy discrimination case, and in the process established the rule that defendants are entitled to a special instruction admonishing the jury not to second-guess the employer’s business judgment. (Veronese v. Lucasfilm Ltd. (2012).)
- Persuaded the California Court of Appeal to overturn a $12.9 million verdict initially awarded against a Sun Microsystems subsidiary, in a case tried by another firm. The plaintiff, a commissioned technology salesman, claimed he was owed back wages and had been wrongfully terminated in retaliation for complaining about the issue. The appellate court granted judgment as a matter of law to the defendant, and the plaintiff paid $110,000 in fees and costs to the defendant. (Marx v. Storage Technology Corp. (2006)).
- Achieved a post-trial verdict reduction, from $18.4 million to $2.4 million, for Safeway, in another case tried by another firm. Plaintiff was a grocery clerk who claimed harassment and retaliation. (Stevens v. Safeway, Inc. (2007)).
- Argued and/or briefed many well-known precedents in the California state courts (including the California Supreme Court) and federal courts of appeals around the country, including Guz v. Bechtel National, Inc., Turner v. Anheuser-Busch, Inc., Harris v. City of Santa Monica, Chavez v. City of Los Angeles, Hernandez v. Hillsides, Inc., Rochlis v. Walt Disney Co., Foley v. Interactive Data Corp., Armendariz v. Foundation Health Psychcare Services, Inc., Cotran v. Rollins Hudig Hall International, Inc., Richards v. CH2M Hill, Inc., Department of Health Services v. Superior Court, Green v. State of California, King v. United Parcel Service, Inc., Dotson v. Amgen Inc., and Rhea v. General Atomics.
news
- Paul Hastings Honored by Chambers USA as Labor & Employment Firm of the Year - May 27th, 2021
- Paul Hastings Ranked as Top Three Firm for New Rankings and Recognized for Numerous Practice Strength and Growth in Chambers USA 2021 - May 21st, 2021
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2020 - May 1st, 2020
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2019 - May 1st, 2019
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2018 - May 11th, 2018
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2017 - June 5th, 2017
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2016 - June 8th, 2016
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2015 - May 20th, 2015
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2014 - May 27th, 2014
- Paul Hastings Extensive Practice Strength Highlighted in The Legal 500 United States 2013 - June 5th, 2013
- Paul Hastings Employment Practice Honored with Chambers ''Award for Excellence'' and Firms Leading Practices and Lawyers Ranked in Chambers USA 2013 - May 27th, 2013
- Paul Hastings Excels in Chambers USA 2012 Guide - June 7th, 2012
- Paul Hastings Excels in Chambers USA 2011 Guide - June 10th, 2011
- Paul Hastings Soars in 2011 Edition of Legal 500 US - June 1st, 2011
- Best Lawyers Names 91 Lawyers to 2011 Edition of Rankings - August 16th, 2010
- Paul Hastings Garners Top Rankings in Chambers USA 2010 Guide - June 14th, 2010
- Paul Hastings Excels in 2010 Edition of Legal 500 US - June 7th, 2010
- Paul Hastings Selected as The American Lawyers Labor & Employment Litigation Firm of the Year - January 6th, 2010
- Paul Hastings Attorneys Recognized as Super Lawyers and Rising Stars in Northern California, Southern California, Georgia, Illinois, New York and Washington, D.C. - June 17th, 2008
- Paul Hastings Secures U.S. Supreme Court Victory in Sprint/United Management Company v. Mendelsohn - February 26th, 2008
Recognitions
- Paul Hastings Employment Practice Receives Top Rankings by Chambers USA 2022 - June 1st, 2022
- Recognized by Chambers USA 2021 - May 21st, 2021
- Recognized by Chambers USA 2020 - May 1st, 2020
- Ranked by Chambers USA 2019 - April 26th, 2019
- Recognized by Chambers Global 2019 - February 14th, 2019
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2018 - July 18th, 2018
- Recognized by Chambers USA 2018 - May 15th, 2018
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2017 - July 19th, 2017
- Human Resource Executive Magazine - Most Powerful Employment Attorneys - June 16th, 2017
- Recognized by Chambers USA 2017 - June 5th, 2017
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2016 - July 20th, 2016
- Recognized by Chambers USA 2016 - June 8th, 2016
- Recognized by the Daily Journal’s as Top Labor and Employment Lawyers for 2015 - June 3rd, 2015
- Law360 Awards - Top Practice Groups of the Year - January 2nd, 2013
- The Daily Journal, Top Labor & Employment Lawyers 2012 - July 18th, 2012
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2011 - July 13th, 2011
- The Daily Journal - July 14th, 2010
- Legal Media Group II - May 23rd, 2010
- Legal Media Group - May 19th, 2010
- Who's Who Legal - May 6th, 2010
insights
- California’s Attack on Arbitration Will Survive in Part, According to the Ninth Circuit - September 16th, 2021
- Nipped In The Bud: Federal Court Enjoins California’s New Arbitration Statute - February 3rd, 2020
- AB 51: Attacking Arbitration, Again - October 14th, 2019
- Wage Claims After OTO v. Kho: Are Arbitration Agreements Enforceable? - September 16th, 2019
- "Silence Is Golden”: Lamps Plus, Inc. v. Varela Holds That Ambiguous Arbitration Agreements Bar Class Actions - April 29th, 2019
- SCOTUS Upholds Use of Class Action Waivers In Arbitration Agreements - May 23rd, 2018
- Supreme Court Narrows Whistleblower Protections Under Dodd-Frank - February 26th, 2018
- SB 1241: California Employees May Soon Be Able to Void State Venue and Choice of Law Provisions - October 3rd, 2016
- Class (Not) Dismissed: CFPB Proposes New Rule Prohibiting Mandatory Arbitration Clauses, Encourages Consumer Class Action Law Suits - May 12th, 2016
- Time to Update Your Anti-Harassment Policy: California's New FEHA Regulations - March 16th, 2016
- The Supreme Court Again Extends the Preemptive Effect of the Federal Arbitration Act - December 21st, 2015
- California Supreme Court Enforces Arbitration Provision in Form Consumer Contract - August 10th, 2015
- Department of Labor Finalizes Rule for Handling SOX Retaliation Claims - March 10th, 2015
- PAGA: The California Supreme Court Finds a Loophole in Federal Arbitration Act Preemption - July 3rd, 2014
- Oxford Health v. Sutter: More Questions Than Answers About Class Arbitration - June 18th, 2013
- Labor Board Rules that Class Action Waivers in Arbitration Agreements Violate Rights of Employees to Engage in Concerted Activities - January 17th, 2012
- Workplace Privacy in California: Employee Interests, Employer Rights - August 13th, 2009
- California Supreme Court Ruling On Arbitration Agreements May Require Revision Of Existing Agreements Used In California - September 1st, 2000
Engagement & Publications
- Co-author of An Employer’s Guide to the Americans With Disabilities Act
- Editor-in-Chief of Lindemann & Grossman’s Employment Discrimination Law (3d ed.), the American Bar Association’s treatise
- Articles include "Lies, Damned Lies and Statistics: How The Peter Principle Warps Statistical Analysis of Age Discrimination Claims" (The Labor Lawyer); "Mixed-Motive Cases After Costa: Why The Judicial Council Jury Instruction Is Flat Wrong" (Matthew Bender); and "Decades of State Law Got It Wrong" (Daily Journal)
- Editor-in-Chief of the California Law Review, 1978-79
Involvement
- Co-chair of the Paul Hastings Appellate practice group
- Served as law clerk to Hon. Carl McGowan, Judge of the U.S. Court of Appeals for the District of Columbia Circuit, and Hon. Lewis F. Powell, Jr., Justice of the U.S. Supreme Court
- Fellow of the College of Labor and Employment Lawyers
- Member of the California Academy of Appellate Lawyers