Robert Escalante

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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.

Latest Articles

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…
 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…
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.…