Elena R. BacaElena R.Baca
Partner, Employment
Elena Baca is the global co-chair of the Paul Hastings Employment Law Department and leads a diverse group of more than 80 lawyers in 10 offices around the world. Elena is a first-chair litigator who regularly navigates high-stakes litigation, conducts sensitive investigations and advises C-suite executives and corporate boards on compliance and regulatory issues involving human capital. Under her leadership as practice co-chair, Paul Hastings’ Employment Department has anticipated and led the response to evolving employment issues, including employee and shareholder activism, AI, COVID, DEI and CSR. Elena is recognized as a leading trial lawyer by many notable publications.
Activision Blizzard – When Activision Blizzard and various subsidiaries faced overlapping government investigations and later, overlapping government litigation, they turned to Ms. Baca and her teams. These government lawsuits sought to litigate an array of gender discrimination claims (pay, promotion, constructive termination), harassment, and related retaliation claims, spanning more than a decade. In these proceedings, Ms. Baca and her teams tackled novel and complicated regulatory, administrative, and jurisdictional questions.All of this was further complicated when our clients were caught in the cross-hairs of a regulatory turf war. Specifically, in a maneuver designed to undercut federal authority, a state agency cut short its investigation and filed a sensational complaint that included false allegations of a “frat boy” environment, rampant, systemic harassment, and other related misconduct. Ms. Baca and her teams fought with our clients to defend against an avalanche of unfair and inaccurate media coverage, as well as the array of regulatory and legal proceedings triggered by the filing.Our team coordinated, supported, and led an array of internal and external teams defending against enforcement and derivative lawsuits, an SEC ESG Taskforce investigation, shareholder proposals, investor demands, and retaliatory threats of enforcement action against the Board of Directors. Turning the tables through a series of public record requests, and later, public records litigation, Ms. Baca and our team ultimately uncovered ethics violations, destruction of government records, and violations of government policies.After two years of litigation, as part of the settlement the state agency agreed to dismiss its claim of systemic harassment, dismiss its harassment claim, and entered into a favorable settlement. This settlement amounted to less than five percent of the inflated, baseless damages claimed by the state agency – and, even more remarkable, included recitals from the government acknowledging a series of facts and public information (including that no independent investigations substantiated the state agency’s claims) and confirming there was no basis to the state agency’s allegation of systemic unlawful employment practices.
Dollar Tree Stores – They say, “No one tries high-profile certified class actions.” We do. Led by Ms. Baca, we represented Dollar Tree at trial in a certified class action and the subsequent appeal. The certified class consisted of more than 5,000 store associates who sought millions of dollars in penalties based on novel legal theories under the California Labor Code. After months of briefing and limiting the issues, the case proceeded to trial. The jury returned a unanimous verdict in favor of Dollar Tree in under an hour. When the class representative appealed the result, Ms. Baca and her team successfully defended their trial win. The matter was affirmed on appeal.
- 10 Best Employment & Labor Attorneys – California
American Institute of Legal Counsel
- Labor and Employment Star and Litigation Star
Benchmark Litigation (2024)
Executive Advisory Board Member
The Elizabeth Taylor AIDS Foundation
Co-Chair, Lawyers Committee
National Center for State Courts