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May 18, 2022

Kristen J. Nesbit

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Fisher & Phillips LLP

From strategic negotiations to high stakes jury trials, Fisher & Phillips LLP partner Kristen J. Nesbit said she's prepared for whatever her clients might need.

"I really enjoy helping my clients and providing them with practical advice or working with them to develop a litigation strategy that really achieves my client's goal," she said, "whether that be formal resolutions or going all the way to trial."

As a top litigator in the labor and employment arena, Nesbit specializes in handling high stakes matters for clients including Fortune 500 companies, billion-dollar corporations and public entities. She's also involved in her community and volunteers with the Southern California Minority Business Development Council as a mentor for business owners and entrepreneurs.

Nesbit said didn't initially plan to become a lawyer, but became interested in a law career after a longtime mentor told her she'd be a great litigator.

"It turns out he was right," she said.

Nesbit put her skills to work in a recent high-profile case in which she represented United Airlines in a lawsuit in which an employee challenged the company's face mask policy, claiming his disability prevented him from wearing a mask and that he should be allowed to wear a face shield. Bezzina v. United Airlines, 2:21-CV-05102-JFW-JPR (C.D. Cal., filed Jan. 13, 2022). The plaintiff had sought a six-figure sum, but United's motion for summary judgment was granted in its entirety.

In another recent case, Nesbit won a summary judgment on all claims for biotechnology company Atara Biotherapeutics Inc., in a wage and hour misclassification and defamation action that included allegations of unpaid overtime, unpaid bonuses and missing rest breaks. Marwan Sawaked v. Atara Biotherapeutics Inc., 56-2018-00519790-CU-VTA, (Ventura Super. Ct., filed Nov. 8, 2018).

Nesbit said one of the biggest challenges for litigation in the pandemic is interacting with a jury while wearing a face mask. She's had to make some adjustments.

"It's challenging because eye contact and facial expression is so important when you're talking to the jury, and wearing a mask changes the approach," she said. "You have to make sure you're organized and that you're communicating clearly."

- Kelly Puente

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