The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Tristan Morales is an accomplished labor and employment partner and class action litigator. His cutting-edge work for major airlines spans the Railway Labor Act (RLA) and Uniformed Services Employment and Reemployment Rights Act (USERRA), among a range of other statutory and contractual matters. As a leader of O’Melveny’s DEI and Affirmative Action Task Force, Tristan also has extensive experience advising employers on challenges to corporate diversity programs, including on matters arising under Section 1981 and Title VII. Tristan was named a “Rising Star” in transportation law by Law360 in 2021. His well-recognized experience in the airline industry includes federal court litigation, including more than a half-dozen recent class actions under USERRA and a host of novel high-stakes matters under the RLA.
He has first-chaired labor arbitrations before RLA System Boards of Adjustment and advised airlines on airline transactions, including as to “scope” provisions in airline labor CBAs. His class action experience also includes matters under the Employee Retirement Income Security Act of 1974 (ERISA), as well as consumer class action litigation. A past Pathfinder of the Leadership Council on Legal Diversity (LCLD), Tristan currently serves on the board of directors for the Washington Urban Debate League.
Describe your practice area and what it entails.
There are three broad components in my practice. First, I’m an airline labor lawyer who represents aviation industry clients on matters that often involve the Railway Labor Act. Second is my class action litigation work, which can involve a variety of employment statutes and federal employment laws.
Third is my work with our DEI Task Force, which we launched this year to help companies respond to the evolving legal environment in the wake of the Supreme Court’s rulings restricting affirmative action, scrutiny from state Attorneys General, and increasing challenges from civil litigants. I’ve worked on all parts of the advisory, litigation, and consultation stages, and found the auditing process has been a big part of my practice this year.
What types of clients do you represent?
The aviation work involves airline clients. We have the great fortune to have a long-standing relationship with a number of airline clients. I work with clients like American Airlines, United Airlines, Alaska Airlines, and Southwest Airlines.
My DEI Task Force work includes airline clients, but also a range of other industries, such as venture capital. Clients in a really wide range of industries are looking to us for guidance on that emerging landscape.
What types of cases/deals do you work on?
We’ve had a number of employment class action matters involving pilots who are military reservists. There is an interesting set of issues involving the pay and benefits that are required for pilots working unique airline pilot schedules when they are also serving on military reserve duty. Our group has been at the forefront of those cases as they have worked their way through the federal district and appeals courts over the last few years. As an example, two of our USERRA class action matters for airlines have recently reached the federal appeals courts: Scanlan v. American Airlines in the Third Circuit and Clarkson v. Alaska Airlines in the Ninth Circuit.
The DEI Task Force involves a wider range of work talking to clients on the front end about what the landscape is and discussing potential reviews of their policies and changes. Our work as amicus counsel for the National Venture Capital Association is a great example of this. We participated on behalf of Fearless Fund, an Atlanta-based venture capital firm, and its foundation, the Fearless Foundation, which is the subject of a lawsuit regarding one of its grant programs for black women-owned businesses.
How did you choose this practice area?
I kept an open mind when I started at O’Melveny and tried to work in as many different areas and on as many different projects as I could. I didn’t have any labor experience or aviation experience. About 18 months into my time here, I took a project on an aviation labor matter with Aparna Joshi, who is a labor airline partner in Washington, DC. I loved the work, and essentially didn’t look back in terms of the core aviation labor work that’s part of my practice today.
What is a typical day like and/or what are some common tasks you perform?
My typical day really depends on which of the three buckets of work that I mentioned is front and center on that particular day. For example, one thing that is unique with our airline labor clients is that federal law requires that contract disputes go to experienced labor arbitrators in what are called system board arbitrations. When those are happening, they’re essentially trials that occur on a very expedited basis without a lot of discovery. In those cases, I’m getting ready to present opening statements and conduct direct examinations and cross examinations.
In contrast, our class action litigation work tends to be more long-standing matters, with complex strategic issues that evolve over a course of years. We may be getting ready for depositions, preparing for motion practice, or dealing with issues on appeal.
The DEI Task Force work for clients can range from full audits of all of their policies to phone calls to discuss a specific set of policies or developments, or I can be dealing with litigation matters that can present a longer potential time frame.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I did not take any labor or aviation classes in law school. So, I don’t think it’s a prerequisite to enter this area of practice. I would suggest working on core skills like legal writing, thinking about asking good questions, and attention to detail. It’s also helpful to have an open mind to learn as you’re jumping into new projects as a young lawyer or new member of the team, particularly to understand your client’s business. But, at least in my experience, there are no prerequisites to start on day one in a practice like this one.
What do you like best about your practice area?
The airline industry is continually interesting and changing. Our clients are always focused on new destinations, new routes, and new aircraft. It’s an industry that moves people all around the country and is very tied into a lot of people’s lives. Building long-standing relationships with clients in such a dynamic industry has been a really fun way for me to practice law.
What is unique about your practice area at your firm?
One of the unique things about our practice is the labor arbitrations that are required by federal law. The labor arbitrations that the Railway Labor Act requires for any contract disputes lead to quick-moving trials. This in turn creates opportunities for young lawyers to draft or deliver opening statements and conduct direct examinations and cross-examinations—experiences that might not otherwise be available in long-standing, multi-year litigation matters.
What kinds of experiences can summer associates gain at this practice area at your firm?
This area offers a great opportunity for summers to gain direct experience in our airline labor arbitrations. We had a summer associate who worked on a research memo for a very fast-moving and interesting labor arbitration who has now started as an associate at the firm. The timing coincided so that she was with us on day one of the arbitration and the arbitrator actually called out a special welcome to her. She sat with the client—and was able to see how the work that she had done was being put into practice. That’s a unique opportunity for summers at O’Melveny—to potentially have the chance to experience a live case they’ve directly contributed to.