Hermle’s prominence in employment defense has put her at the forefront of some of the biggest workplace disputes in the country from #MeToo sexual harassment and abuse to gender discrimination claims.
Hermle has represented some of the biggest companies in the world, including Apple Inc., Microsoft Corp., Twitter, Morgan Stanley, Tesla Inc. and Space-X. She has earned major victories in cases she said “are at the heart of cultural questions we are all wrestling with.”
“For many of these cases our clients are being judged within the court of public opinion — a tribunal not necessarily open minded as to whether allegations may not have merit — and also working to persuade judge and jury. It’s a complicated but fascinating process,” Hermle said. “And there’s nothing more inspiring than a client willing to, as a matter of principle, lay it on the line.”
Hermle’s recent victories include defeating a class certification bid in a nationwide gender discrimination against Microsoft.
The potential putative class included more than 8,000 women who claimed bias in hiring, pay and promotions, but Hermle’s team persuaded U.S. District Judge James L. Robart in Seattle there was no basis for a class action. The judge rejected the bid in June 2018. Moussouris v. Microsoft, 15CV-01483 (W.D. Wa., filed Sept. 16, 2015).
In another closely watched case in the tech industry, Hermle defeated a class certification motion in a gender discrimination case against Twitter that had been considered a bellwether test for Silicon Valley.
Hermle in July 2018 persuaded San Francisco Superior Court Judge Mary E. Wiss to reject certifying a class of women engineers who said they were victimized by Twitter’s promotions practices. Huang v. Twitter Inc., CGC-15-554813 (San Francisco Super. Ct. filed March 19, 2015)
Hermle also helped lead the defense of Point72 Asset Management in a sexual harassment lawsuit in the Southern District of New York, which she successfully argued should be arbitrated.
Hermle said she loves jury trials, but her recent work has been the highlight of her career.
“It’s also been an incredible experience to help build a team (the majority of whom are kick-ass women) to litigate and try these cases,” Hermle said. “I’ve been at Orrick for 32 years, and the firm has a vibrancy and strength, and female presence, we’d only hoped for in earlier years, like nothing we even dreamed of when I joined years ago.”
— Meghann M. Cuniff
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