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Lynne Hermle

By Jessica Mach | Sep. 16, 2020

Sep. 16, 2020

Lynne Hermle

See more on Lynne Hermle

Orrick Herrington & Sutcliffe LLP

Since Hermle started in employment law in the 1980s, the cultural landscape has shifted -- and with it, the way defense lawyers approach their cases.

"So many people have had really bad employment experiences, and we all read constantly about terrible examples of mistreatment in the workplace," Hermle said. "So most people start from the premise of believing an allegation, and in an environment like the one we have today -- which is great from the perspective of curing past problems -- it is challenging to convince someone that it didn't occur in a case you're defending."

Acknowledging the challenging time to be a defense lawyer in employment law, she said, "You have to understand why that is, and recognize it's going to take a lot to turn a tide, particularly in front of juries that are going to be skeptical about your position."

Hermle seems to have this down pat. As it turns out, a decision she made early in her career to take an in-house counsel role at AT&T was the right move, even though colleagues at the time warned her the job lacked cache. The job gave Hermle a deep understanding of what it's like to be the client, she said, and eventually landed her a job at Orrick in 1987.

She is now a partner at the firm and her clients are among some of the most recognizable brand names in the country.

Among Hermle's biggest achievements in recent months was defending Twitter and Microsoft against class certification attempts. In both cases, female employees alleged the companies discriminated against them in pay and promotion policies, but appellate courts denied class certification, thanks to Hermle's efforts. Huang v. Twitter Inc A155155 (Cal. App. 1st Dist., filed Aug 3, 2018). Katherine Moussouris et al. v. Microsoft Corp., 18-35791 (9th Cir. Sept. 16, 2015).

"Anytime you're trying to convince a jury that a plaintiff was not the victim of whatever allegations are being made, it's typically important for them to understand your client and their business," Hermle explained. "It's important they understand that your client's workplace is typically a fair place, a place in which people are treated respectfully and in which the employer does the right thing."

-- Jessica Mach

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