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Mr. Gutierrez’s practice emphasizes business and employment counseling and complex commercial litigation. He has extensive experience advising and representing public, private and closely held companies and partnerships, non-profit organizations, boards, and executive management in business and employment disputes
Mr. Gutierrez routinely provides strategic, preventive, and compliance advice and counsel for employers on all aspects of the employer-employee relationship, including advice on hiring practices, personnel policies, compensation issues, layoffs (individual and mass) and terminations, workplace investigations, protection of trade secrets, employee raiding, leaves of absence, compliance with wage and hour laws, and government-agency investigations. He has significant experience managing NLRA-related issues (unionization drives, recognition, certification, and CBA negotiation and management) on behalf of employers.
Mr. Gutierrez represents entities in state and federal courts, arbitration, and mediation, and before numerous administrative agencies, including the EEOC, DFEH, DIR/DLSE, the California Labor Commissioner, and the NLRB. In this regard, Mr. Gutierrez has litigated numerous business disputes to verdict, including those brought by entities, individuals, and class plaintiffs, involving:
- Employment issues (wrongful termination, discrimination, employment-related torts and wage claims);
- Business Disputes (including trade secrets; unfair competition; contract-related claims, intellectual property infringement and ownership, and environmental claims);
- Representative and class action suits concerning consumer statute-driven theories (California’s Unfair Competition, Consumer Legal Remedies Act, and False Advertising), and employment claims (including discrimination, wage and hour, including the so-called “sue your boss” law).
Most recently, Mr. Gutierrez represented a Groupe Zodiac Aerospace subsidiary, MAG Aerospace, Inc., at a five-month trial in Orange County, CA, captioned: O.C.W.D. v. MAG Aerospace, Inc., et al. (2012), and obtained a defense verdict.
- J.D., University of San Diego School of Law
- B.S., California State Polytechnic University
ADMITTED TO PRACTICE
- Second U.S. Circuit, U.S. District Court (Southern District of New York)
- Eighth U.S. Circuit, U.S. District Court of Minnesota
- Ninth U.S. Circuit, including Court of Appeals, and U.S. District Court (Southern, Northern, Central and Eastern Districts of California)
- United States Supreme Court
- American Red Cross, San Diego & Imperial Counties Chapter, Board of Directors (2004-2010); Chairman (2009-2010)
- PGC200 (Life Sciences), Board of Directors (2010- ); Chairman 2010- )
- San Diego Convention Center Corporation; Board of Directors (2006-2012); Chairman (2011)
- San Diego Theaters, Board of Directors (2011-2012)
- Accion San Diego, Board of Directors (2000-2006)