
Overview
Elena Baca is the Global Chair of the Paul Hastings Employment Law Department, and leads a diverse group of more than 80 lawyers in 10 offices around the world. Ms. Baca is recognized as a leading trial lawyer by many noted publications. She has been consistently ranked by Chambers USA and The Legal 500 as one of the top employment defense lawyers in California. Chambers USA has noted that her "litigation track record and outstanding trial victories stand out in the legal marketplace, due to both her sheer volume of wins and the ways in which these decisions are helping to shape future employment and labor law, particularly in California." Clients have referred to her as "second to none." Ms. Baca also has been selected continuously since 2006 as one of the Best Lawyers in America in employment law.
She has repeatedly been named as one of California’s “Top Women Lawyers” and as one of California’s “Top Labor and Employment Attorneys” by the Los Angeles Daily Journal. She has been selected as one of Lawdragon’s Top 500 Leading Corporate Employment Lawyers. The American Lawyer also recognized her in its “Top 45 Under 45” list.
An experienced trial lawyer, Ms. Baca has established an impressive record of defense verdicts and arbitration wins representing a wide variety of corporate clients. Her adversarial practice is primarily focused on employment related issues, such as employee mobility, discrimination, wage and hour, and whistleblower issues. She is considered a “go-to” employment lawyer for many large employers with high-profile disputes involving high-level executives and contentious high-stakes litigation (including class action claims). Ms. Baca is frequently called upon to turn around cases that have been mishandled by other law firms and take them to trial. Her clients include talent agencies, entertainment companies, web-based services, online social media and networking platforms, video game developers and publishers, financial institutions, medical technology and research companies, law firms, public utilities, major manufacturers, and leading consumer brands.
Recognitions
- Lawdragon, Top 500 Leading Corporate Employment Lawyers (listed in 2021, 2022, 2023)
- American Institute of Legal Counsel, 10 Best Employment & Labor Attorneys – California
- Benchmark Employment Litigator of the Year (2022)
- Benchmark Litigation & Employment Star (2019)
- Best Lawyers in America, Employment Law (listed since 2006)and Litigation – Labor and Employment (2022)
- Chambers USA, Labor and Employment (individually listed since 2009)
- Los Angeles Daily Journal, California’s Top 75 Women Litigators and Top Labor and Employment Attorneys (listed since 2010)
- Martindale-Hubble Peer Review Rated A/V®
- Super Lawyers list, including list of Top 50 Female Lawyers in Southern California (listed since 2005)
- The Daily Journal, Top 100 Lawyers in California (2020)
- The Daily Journal, Top Labor and Employment Lawyers (individually listed since 2010)
- The Daily Journal, Top Women Lawyers in California (listed since 2014)
- The Legal 500, Leading Lawyer for Labor & Employment - Workplace and Employment Counseling (2021)
- The Legal 500, Labor & Employment Disputes (Including Collective Actions): Defense (2021)
- The Legal 500, Labor and Employment Litigation (listed since 2009)
Education
Ms. Baca received her B.S. degree in Justice Studies with a minor in General Business from Arizona State University. She received her J.D. degree from the University of Notre Dame School of Law, where she was vice president of the Hispanic American Law Students Association, an officer of the Sports and Entertainment Association, and a research assistant and editor for two publications, The Attorney General's Lawyer and The Complex Civil Litigation Manual and Textbook.
Representations
- Activision Blizzard - Represented Activision Blizzard, Activision Publishing, Blizzard Entertainment and their various subsidiaries in overlapping government investigations and, now, overlapping government litigation. These government lawsuits seek to litigate an array of gender discrimination claims (pay, promotion, constructive termination), harassment and related retaliation claims, spanning more than a decade; all of it is further complicated by an interagency conflict between the federal and state agencies related to jurisdiction. In these proceedings, Ms. Baca and her teams continue to tackle novel and complicated regulatory, administrative and jurisdictional questions.
- Dollar Tree Stores - 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.
- Dollar Tree Distribution - Represented Dollar Tree’s California distribution centers after the court certified seven different classes. This matter involved questions of what is compensable work time, the enforceability of arbitration agreements and notice issues, and factual disputes related to clock-in, clock-out, and rest and meal break practices. Ms. Baca’s team filed a successful motion to compel arbitration that excluded over two-thirds of the certified class (from 3,500+ employees to fewer than 800 - nearly an 80% reduction). Ms. Baca and the team were named "Legal Lions" by Law360.
- Gilead Sciences - Represented Gilead Sciences and its subsidiary, Kite Pharma, Inc., against claims of sex discrimination and retaliation by a former Kite employee. Ms. Baca led her team in taking an aggressive approach to defend against the claims from the outset. The parties conducted the seven-day hearing, including extensive witness examination and oral argument. The arbitrator issued a Final Award denying all claims asserted by claimant.
- Flexera Software - Represented Flexera Software when a former employee initiated a putative class action claiming millions of dollars in damages. Through a motion to compel arbitration, the class claims were eliminated. Next, through forensics it was determined the plaintiff had destroyed evidence, stolen company information, and fraudulently altered a key document. A cross-complaint was filed. In the middle of the arbitration hearing, during the plaintiff’s cross-examination, the plaintiff abandoned his claims.
- Staffing Networks - Represented Staffing Networks against a putative Private Attorney General Act (“PAGA”) action seeking many millions of dollars in penalties for alleged wage statement violations. When an opportunity was presented by a recent PAGA amendment, the alleged violation was cured, thereby mooting the claims. Plaintiff’s counsel argued the claims, which were filed before the amendment, could continue. Through a number of procedural turns, in two different counties, the case was finally won when summary judgment was entered in Staffing Networks’ favor.
- American Apparel - Represented American Apparel in its defense against legal proceedings filed or instigated by its former CEO, Dov Charney. Recently, when Charney sued American Apparel and its Board Chair for defamation, Ms. Baca immediately filed a successful motion to dismiss and secured an award against Charney for more than $100,000 in attorneys’ fees. Ms. Baca is also representing American Apparel in its defense against Charney’s arbitration demand seeking more than $20,000,000 for his alleged wrongful termination (currently stayed).
- Lockheed Martin - Represented Lockheed Martin in a disability discrimination and wrongful termination matter. After the jury returned a defense verdict in less than 20 minutes, plaintiffs appealed. The higher court affirmed, but for the claims the trial court had dismissed without sending them to the jury, which went back to the jury. Plaintiff retained new counsel and the case was tried anew with changed theories from opposing counsel. Again, the jury returned a defense verdict within minutes.
- UPS - Represented UPS in more than 54 individual cases stemming from a successfully decertified class action alleging misclassification and meal and rest break violations. During an eight-year battle with a potential liability in the 8-9 figure range, oversaw all individual cases which resulted in 16 wins, 38 walk-aways, and defense attorney fees in 5 of the cases.
- AIG - Represented an insurer facing a novel misclassification claim, related to hearing officers. Rather than await the plaintiff’s move, Ms. Baca elected the novel strategy of bringing a preemptive motion to deny class certification. The trial court granted the motion. Ms. Baca then immediately moved for summary judgment and successfully defended the ruling on appeal.
- Global Talent Agency - Secured a defense award after a multi-week arbitration on behalf of a global talent agency that faced high-profile harassment, discrimination, and retaliation claims asserted against it and individual executives in the Motion Pictures Department.
news
- Daily Journal Distinguishes Three Paul Hastings Lawyers as Top Labor & Employment Lawyers - June 29th, 2022
- Two Paul Hastings Lawyers Distinguished Among Daily Journal’s 2022 Top Women Lawyers in California - May 18th, 2022
- Paul Hastings Recognized by Chambers Global 2022 - February 21st, 2022
- Three Paul Hastings Lawyers Recognized among Daily Journal’s Top Labor & Employment Lawyers - July 2nd, 2021
- 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
- Nine Paul Hastings Lawyers Recognized as Lawdragon 500 Leading U.S. Corporate Employment Lawyers - December 16th, 2020
- Benchmark Litigation Recognizes Paul Hastings’ Employment Law Practice - October 15th, 2020
- Elena Baca Named to Daily Journal’s 2020 Top 100 Lawyers in California - September 18th, 2020
- 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 Defeats Misclassification and PAGA Claims Regarding AIG Workers Compensation Hearing Representatives - August 6th, 2013
- 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
Recognitions
- Paul Hastings Recognized in International Employment Lawyer’s 2022 IEL Elite - December 5th, 2022
- Trio of Paul Hastings Litigation Partners Ranked as "Top 250 Women in Litigation" by Benchmark Litigation - August 4th, 2022
- Three Paul Hastings Partners Distinguished as Top Labor & Employment Lawyers - June 29th, 2022
- Paul Hastings Recognized for Legal Excellence in the Legal 500 2022 - June 13th, 2022
- Paul Hastings Employment Practice Receives Top Rankings by Chambers USA 2022 - June 1st, 2022
- Two Paul Hastings Partners Distinguished Among Top Women Lawyers in California - May 18th, 2022
- Paul Hastings Recognized by Chambers Global 2022 - February 21st, 2022
- Employment Law Practice Recognized by Chambers Global 2022 - February 21st, 2022
- Paul Hastings Lawyers Recognized Among Daily Journal's Top Labor & Employment Lawyers - July 2nd, 2021
- Paul Hastings Labor & Employment Practice Recognized as Top Tier by the 2021 Legal 500 United States Guide - June 18th, 2021
- Paul Hastings Recognized for Legal Excellence in Legal 500 2021 - June 15th, 2021
- Paul Hastings Honored by Chambers USA as Labor & Employment Firm of the Year - May 27th, 2021
- Recognized by Chambers USA 2021 - May 21st, 2021
- Recognized by Chambers USA 2020 - May 1st, 2020
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2019 - July 10th, 2019
- Recognized by the Daily Journal as Top Women Lawyers for 2019 - May 9th, 2019
- Ranked by Chambers USA 2019 - April 26th, 2019
- Recognized as a Rainmaker by the Minority Corporate Counsel Association - March 20th, 2019
- Recognized by the Daily Journal as Top Labor & Employment Lawyers for 2018 - July 18th, 2018
- Recognized by Chambers USA 2018 - May 15th, 2018
insights
- PH COVID-19 Client Alert Series: Cal/OSHA Emergency COVID-19 Regulations Are Now In Effect: Employers Should Review (and Likely Augment) COVID-19 Policies and Procedures - December 1st, 2020
- Looking Beyond 2020: Eighteen New Employment Laws Employers With Operations In California Need To Know For 2021 - October 12th, 2020
- Executive Order on “Combatting Race and Sex Stereotyping” - September 28th, 2020
- Recent Clarification from the DOL Regarding the Families First Coronavirus Response Act - September 14th, 2020
- NO TRADE SECRET PROTECTIONS FOR INFORMATION DISCUSSED VIA OPEN ZOOM CALL - September 8th, 2020
- California Passes Employer Pay Data Reporting Requirement: SB 973 Awaits Governor’s Signature - September 8th, 2020
- California Supreme Court Issues Decision in Ixchel Pharma, LLC v. Biogen, Inc.: Rule of Reason Will Apply to Non-Compete Agreements Between Businesses - August 4th, 2020
- OSHA's Updated Recording & Enforcement Guidance for COVID-19 - May 29th, 2020
- In the Patent World, Humans Still Rule: USPTO Holds Artificial Intelligence Cannot Be an Inventor of a Patent - May 6th, 2020
- Protecting Trade Secrets During the Pandemic - April 24th, 2020
- San Francisco Enacts Public Health Emergency Leave Ordinance to Assist Employees Impacted by COVID-19 - April 20th, 2020
- White House Guidelines for “Opening Up America Again”: Some Clarity, Much Uncertainty - April 20th, 2020
- The EEOC’s Updated Technical Assistance Q&A, Including New Return to Work Guidance - April 20th, 2020
- Is IP Theft an Emergency During a Global Pandemic? Maybe Not, According to One Court - April 16th, 2020
- OSHA Interim Enforcement Response Plan for COVID-19 - April 16th, 2020
- PH COVID-19 Client Alert Series: Expanded Guidance from the CDC and EEOC - April 13th, 2020
- PH COVID-19 Client Alert Series: Q&A on the Employee Retention Credit - April 1st, 2020
- PH COVID-19 Client Alert Series: DOL Continues To Answer Questions About Families First Coronavirus Response Act - March 30th, 2020
- PH COVID-19 Client Alert Series: EEOC Webinar Provides Guidance for Employers - March 30th, 2020
- PH COVID-19 Client Alert Series: The CARES Act Stimulus Package III – What Employers Need to Know - March 27th, 2020
Involvement
- Fellow, The Trial Lawyer Honorary Society
- Fellow, Litigation Counsel of America
- Member, Diversity Law Institute
- Member, Trial Law Institute
- Member, American Board of Trial Advocates
- Ex-officio Lawyer Representative for the United States District Court, Central District of California
- Former Member of the Magistrate Judge Merit Selection Panel for the United States District Court, Central District of California
- Former Adjunct Professor, Pepperdine Law School, Civil Procedure and Complex Civil Litigation
- Former Board Member, Children Affected by AIDS Foundation
- Former Board Member, Hispanic American Bar Foundation
- Former Board Member, Human Rights Campaign
- Former Board Member, National Center for State Courts