Britney Noelle Torres 

Britney N. Torres focuses her practice on advising business clients about embracing change and preparing for the future of the workplace.

Her advice is “based on a prioritization of innovation and equity,” she said. “Making sure that we’re considering new and emerging technologies, new ways of doing things, being responsive to the demands of the market and our employee base.”

She said she considers current social and legal developments in addition to her litigation experience to advise clients on how to “navigate this very complex patchwork of considerations and lawfully make strategic decisions that are going to be a positive development for the organization as a whole including through the development and retention of the top talent available in the market.”

For instance, one very important recent development is the U.S. Supreme Court’s decision prohibiting affirmative action in college admissions. Torres has tried to advise companies on how that decision might lead to changes in hiring and other business matters. “Where do we anticipate changes? … How do we remain consistent with equal employment opportunities in our diversity, equity and inclusion initiative? And how do we minimize the risk while maximizing long-term impact?” she asked.

“It’s a very organization-specific inquiry. There can be numerous factors that relate to the organization’s underlying values and mission.”

Torres is a core member of Littler’s Future Workplace Practice Group. It focuses on “emerging technologies, the way the workplace is changing and how to retain an engaged workforce … to take advantage of all the technological advances but still remain compliant with relevant laws,” she said. “That can be very difficult considering the pace at which leading organizations move and the pace at which they innovate. It really requires you to be thoughtful in advance.”

Littler has had a future-directed practice group for about 20 years, she said, but it has become much busier in recent years.

Adding to her knowledge of changing social and business dynamics, Torres recently obtained a certification in environmental, social and corporate governance, or ESG, from UC Berkeley Law School.

Torres does also litigate cases on behalf of businesses. When she does, she thinks outside the box to find aggressive defenses on the merits or procedurally, she said. On several occasions, she has been able to use California’s powerful anti-SLAPP law to block litigation against her employer clients. For instance, she used it to fend off a race discrimination lawsuit by someone her retail client’s staff had repeatedly told to stop bothering customers.

She also used an anti-SLAPP motion against an art gallery employee who sued the gallery for allegedly displaying racist art. “That one was the most interesting,” Torres said. “It was, like, is this on the bar exam? It’s so textbook.”

— Don DeBenedictis