This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Elena R. Baca

| May 24, 2017

May 24, 2017

Elena R. Baca

See more on Elena R. Baca

Paul Hastings LLP Los Angeles

Baca is handling a novel dispute regarding Texas and California, and those states' differing laws on whether an employee can jump to a rival company.

Baca represents Fiber Systems International Inc., a Texas company whose executive Michael Dabrowski fled to Glendale-based competitor Glenair Inc.

Dabrowski signed a contract with Fiber Systems International, restraining him from moving to a rival company. But Glenair sued Fiber Systems International in Los Angeles County Superior Court, claiming that since Dabrowski now works for a California company he should be bound by California law. Glenair Inc. et al. v. Fiber Systems International Inc., EC065871 (L.A. Super. Ct., filed Dec. 15, 2016).

Baca countered by filing a lawsuit in Texas court, seeking to enjoin Dabrowski from any executive work for Glenair.

The novel lawsuits have so far produced "a lot of wrangling back and forth between the two courts," Baca said, with an upcoming hearing in the Texas case on whether to grant Fiber Systems International's temporary injunction.

While the plot thickens in Baca's interstate dispute, her role as go-to outside counsel for American Apparel Inc. persists, even as the company doesn't. American Apparel will shutter its remaining stores by mid-year. "And yet the litigation continues," Baca said.

Baca successfully moved last year to dismiss a defamation claim that former company CEO Dov Charney filed against American Apparel board chairman Colleen Brown, and now defends a different board member in a similar case Charney lodged.

Meanwhile, Charney's eight-figure wrongful termination claim against American Apparel languishes in arbitration. Baca predicted that an arbitrator will not return to the matter until 2018.

— Matthew Blake

#338934

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424

Send a letter to the editor:

Email: letters@dailyjournal.com