Jeanne Fahey

Jeanne Fahey has over fifteen years experience in litigation and appellate practice, with a focus on the following areas:

• employment law, including race, gender, age and disability discrimination, retaliation, wrongful discharge, and wage and hour claims
• professional negligence, including legal malpractice claims
• unfair competition, class action, and other complex civil matters
• business disputes
• anti-SLAPP litigation

While Ms. Fahey has represented clients in a number of substantive areas, her true "specialty" is the art of vigorous and persuasive advocacy itself.

Litigation and Appellate Experience

Ms. Fahey is experienced in all aspects of litigation, including fact development and discovery, witness preparation, legal analysis and litigation strategy, motion practice, administrative proceedings, mediation, arbitration, settlement negotiations, trial preparation, jury trial and appeal. Moreover, in six years as an Adjunct, and later, Assistant Professor of Moot Court with U.C. Hastings College of the Law, Ms. Fahey trained hundreds of law students in effective written and oral advocacy. Her experience consulting with numerous firms, and a stint as staff attorney with the San Francisco Superior Court, Complex Litigation Department, further honed her pre-trial advocacy skills. Dozens of firms have relied on her expertise to help them foresee obstacles and obtain better results for their clients.

Ms. Fahey has authored and argued over twenty appeals in the California Courts of Appeal and the California Supreme Court. Her published and unpublished appellate cases include:

Brenlar Investments, Inc. v. Lynch (2010), unpublished opn. at 2010 WL 338194
   [equitable indemnity, breach of contract and related claims]

Malter v. Osburn (2007) unpublished opn. at 2007 WL 3318282
   [anti-SLAPP motion to strike malicious prosecution complaint]

Schmier v. Supreme Court (2000) 78 Cal.App.4th 703
   [challenging appellate publication and citation rules as unconstitutional]

People v. Hayes (1999) 21 Cal.4th 1211
   [capital murder defense]

People v. Erik Menendez (1998) unpublished opn.
   [first degree murder conviction for defendant's high profile killing of parents]

Advice and Counseling and Early Dispute Resolution

Ms. Fahey's other specialty is advice and counseling. Ms Fahey helps employers comply with the complex array of laws governing the workplace. The types of matters on which Ms. Fahey regularly advises employers include: evaluating, disciplining, and discharging employees; managing employees leaves, including ensuring compliance with the FMLA, CFRA, FEHA and other laws; drafting employment policies, forms and practice manuals; responding to claims of discrimination, harassment or retaliation; conducting workplace investigations; providing advice on the implementation of remedial measures where harassment or discrimination is found; balancing the competing and sometimes contradictory requirements to investigate and remediate discrimination with the due process and contractual rights of unionized employees; and working to achieve early resolution of potential workplace conflicts.

While recognized for her abilities as a zealous litigator, Ms. Fahey's clients also appreciate her unique combination of legal, practical and interpersonal skills. Because of her years of experience in employment litigation, she understands how employees and their attorneys think, where employers' legal, organizational and interpersonal "blind spots" are, and how workplace conflicts can be prevented in the first place.

Ms. Fahey received her B.A. in Sociology from University of California, Berkeley, in 1991, graduating with Highest Honors and Highest Distinction. She graduated cum laude and Order of the Coif from University of California, Hastings College of the Law in 1995. Ms. Fahey is a member of the Labor & Employment section of both the State Bar of California and the American Bar Association (the ABA). She is a member of the newly formed California Association of Workplace Investigators (CAOWI). She is a founding member of the Psychology of Conflict Resolution Committee of the ABA's Tort, Trial & Insurance Practice Section, as well as a member of the Collaborative Law Committee.

In her private time, Ms. Fahey sings with several local groups. She has recently performed with such luminaries as Rickie Byars Beckwith, Carlos Santana and the Oakland East Bay Symphony, appeared on the nationally syndicated Wendy Williams show and sang the National Anthem for the 49ers and the Warriors.

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