The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Elena Baca is the Global Chair of the Paul Hastings Employment Law Department.
Elena’s litigation practice is primarily focused on employment-related issues, such as employee mobility, discrimination, wage and hour, and whistleblower issues. An experienced trial lawyer, Ms. Baca has established an impressive record of defense verdicts and arbitration wins representing a wide variety of corporate clients. 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).
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.
Describe your practice area and what it entails.
With employment law being a core practice area since the firm’s founding, Paul Hastings is a national market leader for complex employment law issues. The firm regularly secures successful outcomes through dispositive motions, at trial or on appeal.
As the chair of Paul Hastings’ Global Employment Law department, I have the honor to collaborate and lead one of the most impressive groups of employment attorneys in the nation that is singularly focused on serving its clients. We are known for our thought-leadership role on evolving, timely, and cutting-edge legal issues related to employment. My practice ranges from advising on employment issues impacting the C-suite to complicated, high-profile litigation and class actions asserted against some of the most recognized companies in the world. “Complexity” can mean many things. At times, it means the sheer number of plaintiffs (certified or potential classes consisting of thousands of people). On other occasions, especially in recent years, it means we are addressing unsettled areas of law—for example, navigating the COVID-19 legislation as it was drafted and implemented. It could also mean the sheer amount of potential liability—or potential associated negative press—that may render the matter complicated and require a multifaceted approach.
What types of clients do you represent?
My 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. Specifically, some of my key clients include Activision Blizzard; Creative Artists Agency, LLC; Caesars Entertainment; Dollar Tree; Family Dolla;, Facebook; Gilead Sciences; Goldman Sachs; Live Nation; Mattel; Montage Resorts; Pacific Gas & Electric; and Ticketmaster.
What types of cases/deals do you work on?
I work on company-critical legal issues. While much of my time is spent as a trial attorney—averaging at least one trial/arbitration that goes to verdict annually—I also represent clients in regulatory proceedings. The substantive breadth of my practice includes collaborating with company leadership and in-house counsel as they address EEO issues and claims, whistleblower/retaliation claims, and wage and hour claims, both on an individual and class basis. Additionally, I am frequently called upon to turn around cases after significant motions have been lost or mishandled by other law firms, particularly when cases are headed to trial.
How did you choose this practice area?
My practice area chose me. I practiced general litigation when I graduated from law school and then proceeded to a Federal Court Clerkship. When my clerkship ended, I returned to private practice and again focused on general litigation. Sometime after my clerkship ended, I joined Paul Hastings. While I began in litigation, I found I was most interested in employment law, and the area provided me with the most opportunity. I requested (and was permitted) to join the Employment Department. This opportunity—to join an employment practice led by some of the most accomplished practitioners in the field—changed the entire course of my professional career.
What is a typical day like and/or what are some common tasks you perform?
I am an early riser. I take advantage of that quiet time to respond to colleagues and clients and move forward the pressing projects we have underway. I look ahead at my calendar and schedule to determine which of my teams I need to coordinate with and in what order. Depending upon our pending matters, I might prepare to spend the day in court, in depositions, traveling for meetings, or drafting at my desk. As the Chair of the Global Employment practice, I look at department goals, productivity, and our performance as a team and contributions to the firm. Throughout the day, I interact with the teams of lawyers collaborating with me to serve our clients. In the evenings, I spend time with work colleagues and clients. At times, we have dinners, game nights, or participate in various community and bar events.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I recommend taking an employment law or labor law course in law school. Advanced civil procedure and legal writing and analysis courses are also beneficial. Becoming proficient in legal research is a must. In addition to Lexis and Westlaw, there are newly evolving AI research tools and data forensic tools being used more frequently in the practice of law. Someone entering the practice of law should become familiar with the tools and their functionalities and be prepared for the practice of law to integrate more technology as it looks to secure more efficiencies. I also recommend developing public speaking skills, especially for those interested in labor & employment. Attorneys work in teams, so everyone on the team must be able to effectively communicate to move the overall project forward. No matter what practice area someone is entering into, it is important to be good at logistics and task management. New lawyers should understand how to break apart an entire process into steps—delegating, communicating, and keeping tasks moving.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior associates are responsible for a wide range of tasks throughout the entire litigation process, starting with initial fact investigation (scheduling and conducting witness interviews, document collection, and review), research, and preparation of responsive pleadings. Within the discovery phase, junior attorneys are responsible for preparing initial drafts of discovery requests and preparing for depositions (including document review and preparation of outlines). Junior lawyers are also heavily involved in motion practice, including performing legal research and preparing initial drafts of briefings. Even at the trial phase, junior associates are involved as part of the trial team, and may be responsible for preparing witness outlines, research for briefing, and assisting with preparation of trial motions. If a junior associate wants to bolster a particular skill or have a particular experience, all they have to do is ask.
How do you see this practice area evolving in the future?
The common misconception people have when they think of employment law, is that they tend to think of single-plaintiff cases involving a single issue. That is not the typical paradigm of employment work we are fortunate enough to secure. As an employment practice unsurpassed in the market, we have the opportunity to serve our clients on their most complicated, headline-grabbing, sensitive matters. As the world evolves and prioritizes employment and social issues, segments of the employment practice have moved to the forefront of corporate board focus as well as the plaintiff’s board. Based on our recent experience, private litigation is not to the exclusion of state regulatory activity. The fact pattern here presents an array of issues currently of interest to the state: pay equity, arbitration agreements, and PAGA civil penalties. We have seen regulatory agencies insert themselves in private litigation and have successfully represented companies in facing a shifting, aggressive regulatory landscape at the state and federal levels.
What kinds of experience can summer associates gain at this practice area at your firm?
The summer program within the Employment Law Department is an immersive program that previews the type of work that associates can expect when they start at the firm (e.g., legal research and writing, fact investigation, document collection and review, etc.). In addition, there is a heavy emphasis on observational learning during the summer, including opportunities to attend depositions, mediation, court hearings, and even trials. Summer associates also participate in mock litigation work (e.g., deposition) to practice these skills on their own. Social events are also built into the summer program to allow new associates the opportunity to meet and get to know the department.
What advice do you have for junior lawyers in keeping on top of complex labor and employment laws and the changes to these laws?
Notably, the largest line item in a company is typically labor and employment expenses. Approximately 60 years ago, there were very few claims that an employee might be permitted to bring against an employer. They might bring a claim for breach of contract, but the employment relationship was not as highly regulated as it is today. As employment law evolved, Paul Hastings became the industry leader. With that history in mind, it is important for junior lawyers to understand the evolution of labor & employment law—how it developed and where it is going. It is important to stay informed and sensitive to the technological, social, and political influences that impact the degree to which the workplace may be regulated, as well as the evolving concept of what work and/or the workplace is. My advice for junior lawyers is to subscribe to legal publications cataloging recent employment trial and appellate decisions and to track proposed and passed legislation. The more you know about the evolution of employment law, the better able you will be to understand the current state of the law as you walk in the door on your first day of work.