Robert Escalante

Robert Escalante is an associate in the Labor & Employment Law Department. Robert's practice covers a wide range of matters in state and federal court, including employment and consumer class actions, securities litigation, and single-plaintiff contract disputes.

Robert represents clients from a variety of industries, including finance, energy, medical care, community service, and entertainment. Robert has also successfully represented clients in matters involving constitutional and immigration issues in federal and administrative proceedings.

Firm/Organization: Proskauer Rose LLP

Blogs: California Employment Law Update

Latest Articles

California Employment Law Update

Court of Appeal Rules That California Law Applies to Delaware Corporation’s CEO’s Wrongful Termination Claim

By Robert Escalante

May 31, 2012

On May 23, 2012, the California Court of Appeal addressed a question of first impression: Does California law govern a corporate officer’s claim against an out-of-state corporation for constructive wrongful termination in violation of public policy? The appellate court answered in the affirmative, thus limiting the application of the so-called “internal affairs doctrine.” Lidow v. Superior Court, 2012 WL 1861372 (Cal. Ct. App. 2012). In Lidow, the trial court ruled that Delaware law barred a…

California Employment Law Update

House Passes Appropriation Bill That Limits EEOC’s Implementation of Stringent Enforcement Guidelines Regarding Criminal Screening Policies

By Robert Escalante

May 23, 2012

The EEOC’s recent enforcement guidance regarding employers’ use of criminal histories in employment decisions (the “Guidance”) appears to have one more foe: the U.S. House of Representatives. On May 10, 2012, the House passed an appropriation bill that would prohibit the use of EEOC funds for implementing, administering, or enforcing the Guidance. This prohibition echoes the criticism from the business community among others that the Guidance goes too far in restricting employers’ use of criminal…

Class Action Defense Strategy Blog

Fourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification

By Robert Escalante

December 23, 2009

Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4th 830 (2009), was one of the first cases to address the California Supreme Court’s decision in the In re Tobacco II Cases, 46 Cal. 4th 298 (2009). Evans v. Lasco Bathware, Inc., 178 Cal.App.4th 1417 (2009), held that differences in damages could be a reason for denying class certification.…

Robert Escalante

Court of Appeal Rules That California Law Applies to Delaware Corporation’s CEO’s Wrongful Termination Claim

House Passes Appropriation Bill That Limits EEOC’s Implementation of Stringent Enforcement Guidelines Regarding Criminal Screening Policies

Fourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification

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