Alexis S. Gutierrez

Mr. Gutierrez joined Higgs Fletcher & Mack in 1996, and is a member of the Firm’s Business, Intellectual Property, and Employment Practice Groups.  His practice emphasizes business and employment counseling and complex commercial litigation.

Mr. Gutierrez has extensive experience advising and representing public, private and closely held companies and partnerships, non-profit organizations, boards, and executive management in business disputes; creation, revision, and implementation of best management practices; and internal investigations.   Mr. Gutierrez has litigated numerous business disputes to verdict, including those brought by individual, representative, and class plaintiffs in state and federal courts throughout the country, involving:

1. trade secrets
2. unfair competition
3. intellectual property
4. environmental claims (including those brought under the federal CERCLA and CA state analog)
5. representative and class action suits concerning consumer statute-driven (California’s Unfair Competition, Consumer Legal Remedies Act (CLRA), and false advertising) allegations and employment (wage and hour, and the so-called “sue your boss” law) claims.

Mr. Gutierrez also possesses substantial knowledge of employment law, and provides strategic, preventive, and compliance advice and counsel for employers on all aspects of the employer-employee relationship.  As part of his counseling practice, Mr. Gutierrez performs management training for employers, and renders advice on hiring practices, personnel policies, compensation issues, government-agency investigations, layoffs and terminations, workplace investigations, discrimination, harassment, protection of trade secrets, employee raiding, leaves of absence, reductions in force, mergers and acquisitions, and compliance with wage and hour laws.   In this regard, Mr. Gutierrez represents employers in state and federal courts, arbitration, and mediation before numerous state and federal agencies, including the EEOC, DFEH, DIR/DLSE, Insurance Commissioner, and the California Labor Commissioner.

• J.D., University of San Diego School of Law (1997)
• B.S., California State Polytechnic University (with distinction) (1991)

• California
• U.S. District Court (Southern, Northern, Central and Eastern Districts of California)
• Southern District of New York
• District Court of Minnesota
• U.S. Court of Appeals for the Ninth Circuit
• United States Supreme Court

• American Red Cross San Diego/Imperial Chapters, Chairman of the Board of Directors
• PGC200 (Life Sciences), Chairman of the Board of Directors
• San Diego Convention Center Corporation, Vice Chair of the Board of Directors
• San Diego Theaters, Member of the Board of Directors

• American Bar Association
• California Bar Association
• San Diego County Bar Association
• American Inns of Court, Louis M. Welsh Chapter
• Association of Business Trial Lawyers
• Defense Research Institute, Employment, Commercial and Intellectual Property sections
• American Intellectual Property Law Association
• Society of Human Resource Management (San Diego and National affiliates)
• San Diego Employer's Association