Nancy L. Abell

High-profile companies and law firms often retain Abell to defend against gender and pay discrimination claims.

She is representing Ogletree, Deakins, Nash, Smoak & Stewart P.C. in a gender discrimination suit brought against it in January by a then-shareholder who has since left the law firm. Knepper v. Ogletree, Deakins, Nash, Smoak & Stewart P.C., 18-CV00303 (N.D. Cal., filed Jan. 12, 2018).

Abell has also represented Uber Technologies Inc., the ride-hailing behemoth. Earlier this year, the company agreed to pay $10 million to settle a class action discrimination suit brought against it by female and minority software engineers. Del Toro Lopez v. Uber Technologies Inc., 17-cv-06255 (N.D. Cal., filed Oct. 27, 2017).

“I’ve been defending these kinds of cases for 37 years, and we have successfully prevailed in most of them and settled a few,” Abell said, speaking of her work generally.

A 9th Circuit U.S. Court of Appeals decision earlier this year appeared to make the task of defending against pay discrimination claims more difficult. The circuit ruled that under the federal Equal Pay Act an employer cannot pay a female employee less than a male employee for the same work just because the female employee made less money in a prior position. Rizo v. Yovino, 2018 DJDAR 3122, (9th Cir. April 9, 2018).

Abell said she thinks Rizo could pose a challenge for some employers, but most utilize processes in setting pay based on job-related factors.

“For the majority, I don’t think it will be a game-changer,” she said.

The Paul Hastings partner and former global chair of the firm’s employment law department handles a variety of other matters, too. Last year, she helped the Los Angeles Philharmonic Association reach a five-year collective bargaining agreement with the union representing its musicians. She said the deal included a fellows program “designed to attract and develop individuals from backgrounds not well-represented in the symphonic orchestra world.”

Abell has also helped the UCLA Law Women LEAD initiative she co-founded continue to expand its efforts to support the law school’s alumnae in their careers.

— Lyle Moran