Ryan Rutledge
Counsel
Ryan W. Rutledge is a counsel in O’Melveny’s Newport Beach office and a member of the Labor and Employment Practice. His practice focuses on the litigation and arbitration of a broad range of employment and labor disputes, including claims involving employment discrimination and wrongful discharge claims, wage and hour class actions, employment contract and union disputes, trade secret misappropriation and non-competition agreements, and mass layoffs. Ryan focuses on drafting briefs at the appellate and trial levels. Ryan frequently represents employers in the fields of entertainment and technology, and has represented employers in a variety of industries including airline, automotive, banking, construction, education, hospitality, pharmaceutical, manufacturing, media, private equity, professional services, retail, and utilities.
Illustrative Professional Experience
- Drafted a motion for preliminary injunction and subsequent respondent's answering brief on appeal on behalf of a publicly-traded technology company, which sued its former employees for theft of trade secrets and violation of the Computer Fraud and Abuse Act (CFAA)
- Drafted an opposition to a motion for preliminary injunction and subsequent respondent's answering brief on appeal on behalf of a privately-held newspaper, which was sued by the federal government under Section 10(j) of the National Labor Relations Act (NLRA)
- Drafted a motion for summary judgment and subsequent respondent's answering brief on appeal on behalf of a large entertainment organization, which was sued for wrongful discharge under the California Fair Employment & Housing Act (FEHA) and 42 U.S.C. 1981
- Drafted a motion for summary judgment and subsequent respondent's answering brief on appeal on behalf of a major computerized gaming manufacturer, which was sued for wrongful discharge in violation of the Sarbanes-Oxley Act (SOX)
- Drafted a motion to dismiss, request for attorneys' fees, and subsequent respondent's answering brief on appeal on behalf of a defense technology company and its retirement plan, which were sued under the Employee Retirement Income Security Act (ERISA)
- Drafted an anti-SLAPP motion and subsequent respondent's answering brief on appeal on behalf of a large entertainment organization, which was sued for defamation under California law
- Drafted an appellate brief challenging the denial of a motion to compel arbitration on behalf of a regional homebuilder, which was sued for wrongful termination under California law
- Drafted an opposition to a motion for class certification on behalf of a large grocery company, which was sued for misclassification of employees under wage and hour laws
- Drafted a Rule 12(b)(6) motion to dismiss overbroad class allegations on behalf of an international hotel chain, which was sued for missed meal and rest breaks under wage and hour laws
- Drafted a demurrer to class allegations on the grounds of res judicata on behalf of a satellite television company, which was sued for violations of wage and hour laws
- Drafted amicus briefs and Rule 8.500 letters in the California Supreme Court in several cases on behalf of large California and federal organizations representing employers and businesses
Professional Activities
Author, "The Law of the Lawyer -- Considerations for Drafting Social Media Policies,"
The Practical Lawyer (August 2011, co-authored with Mark Robertson and Lauren Elkerson); "Defusing Workplace Time-Bombs -- Considerations for Drafting Social Media Policies," ALI-ABA (June 2011, co-authored with Mark Robertson and Lauren Elkerson);
"'Compensable Time' A Trap for the Unwary Employer,"
Orange County Business Journal (April 2010, co-authored with Adam Karr and Jessica Hardy); "D&O Liability For Wages, WARN Act Violations,"
Employment Law360 (February 2009, co-authored with Eric Amdursky); "Practical Tips for Avoiding SOX Whistle-Blower Liability,"
American Bar Association, Section of Litigation, Employment & Labor Relations Law Committee (2009, co-authored with Mark Robertson); "Leveling the Playing Field When A Civil Litigant Asserts The Fifth In California State Court,"
Business Law News, The State Bar of California (Issue 2 2008, co-authored with Mark Robertson); "The Trouble with Establishing 'Protected Activity' in a Prima Facie SOX Whistle-blowing Claim,"
Employment & Labor Relations Law (Spring 2008, co-authored with Mark Robertson); "A Key Decision For SOX Practitioners,"
Employment Law360 and Securities Law360 (January 29, 2008, co-authored with Mark Robertson).