Sheppard MullinOf Counsel

Dianne Celestine Baquet Smith

About Dianne Celestine Baquet Smith

Dianne Celestine Baquet Smith is a lawyer practicing labor and employment, employee benefits/erisa, labor and employment counseling and 6 other areas of law. Dianne received a A.B. degree from Stanford University in 1977, and has been licensed for 46 years. Dianne practices at Sheppard Mullin in Los Angeles, CA.

Awards

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Services

Areas of Law

  • Labor and Employment
  • Other 8
    • Employee Benefits/ERISA
    • Labor and Employment Counseling
    • Employment Agreements
    • Handbooks and Personnel Policies
    • Labor and Employment Litigation
    • Healthcare
    • Entertainment, Technology and Advertising
    • Retail, Fashion & Beauty

Practice Details

  • Firm Information
    Position
    Of Counsel
    Firm Name
    Sheppard Mullin
  • Representative Cases & Transactions
    Cases
    Experience: Representative Employment Law Matters: Representation of a non-profit health maintenance organization for general labor
    employment counseling
    advice,
    representation in various discrimination/wrongful discharge/retaliation actions pending in Los Angeles Superior Court.
    Lead counsel for global engineering
    construction firm in federal court FLSA collective action alleging failure to provide overtime for donning
    doffing time.
    Obtained summary judgment, costs
    $65,000 in attorneys' fees in L.A. Superior Court - Southwest District, whistleblower action by former secretary alleging wrongful termination for use of racial slurs in the workplace against major aerospace contractor
    six individual defendants.
    Following two-week jury trial obtained defense verdict
    costs for employer (ice cream manufacturing plant)
    supervisor in L.A. Superior Court hostile environment sexual harassment action, Judgment for defense upheld on appeal.
    Lead counsel for municipality in LA Superior Court class action brought by temporary workers asserting personnel rule claims
    denial of public retirement benefits. Following summary judgment on several claims
    decertification of multiple subclasses, case settled on favorable terms.
    Obtained summary judgment
    costs for non-profit credit union
    three officers/managers in L.A. Superior Court action alleging sex discrimination, breach of contract
    public policy discharge. Appeal filed by plaintiff. Judgment for defense upheld on appeal, with an award of costs.
    Defended major financial institution in Los Angeles County Superior Court action alleging race discrimination in employment. Favorable settlement reached.
    Provided advice to bicycle manufacturer concerning dispute with former president
    drafted revisions to executive employment agreement.
    Provided advice to credit managers association concerning Americans With Disabilities Act
    medical questionnaire.
    Lead trial counsel for national bank in federal court action (Santa Ana) alleging disability discrimination, wrongful termination
    violation of ERISA for alleged failure to provide COBRA notice. Following grant of partial summary judgment, case settled for favorable terms, avoiding costly trial.
    Representation of benefit plan in U.S. District Court ERISA action alleging denial of long-term disability benefits.
    Defense of non-profit organization
    seven individual defendants in federal court action alleging civil rights violations. Motion to dismiss granted.
    Provided advice to Taiwanese
    U.S. banks concerning COBRA
    WARN Act issues.
    Defense of wrongful termination action against major retailer, arising out of corporate downsizing. Summary judgment granted.
    Defended national bank in WARN Act class action related to branch closures.
    Lead counsel on jury trial of L.A. Superior Court wrongful termination
    whistle blower case brought against non-profit health care organization.
    Defense of subsidiary of national retailer in action alleging discrimination on the basis of military status
    service. Action removed to federal court
    dismissed on 12(b)(6) motion.
    Representation of severance plan in Northern District of California federal court action alleging denial of benefits in violation of ERISA. Action favorably settled at mediation.
    Lead trial counsel in defense of national insurance company in Central District of California federal court action alleging violations of FEHA, ADEA
    Section 1981. Six of nine plaintiffs, two individual defendants,
    most of over 40 claims dismissed on 12(b)(6) or summary judgment motions. Following one week jury trial of age discrimination claims by remaining three plaintiffs, unanimous defense verdicts obtained.
    Represented salaried pension plan in federal court action alleging denial of enhanced retirement benefits
    breach of fiduciary duties. Action settled following filing of motion for summary judgment.
    Drafted revisions to leave of absence policy to assure compliance with recently enacted state
    federal statutes,
    provided advice re COBRA
    WARN Act issues.
    Represented major textile manufacturer in U.S. District Court (Santa Ana) action by former employee involving novel antitrust, fraud
    misappropriation claims, as well as wrongful discharge
    ERISA causes of action. Summary judgment obtained for client on all counts, eliminating costly trial.
    Negotiated favorable settlement of DFEH charge by transsexual employee alleging denial of family
    medical leave under California Family Rights Act.
    Obtained summary judgment for major defense contractor in Central District of California federal court action alleging retaliatory layoff.
    Following effective discovery
    filing of summary judgment motion, obtained favorable settlement in L.A. Superior Court action alleging breach of contract
    defamation against major aerospace contractor
    three managers.
    Represented national retailer in defense of San Diego state court action alleging wrongful termination of employment, physical h
    icap discrimination,
    whistleblower claims. Successfully resolved in mediation.
    Defense of Alameda County Superior Court action alleging employment discrimination on the basis of race, sex, pregnancy,
    retaliation against employer
    supervisor. Following effective discovery, favorable settlement reached.
    Representation of prominent toy manufacturer in state court action alleging discrimination in employment on the basis of medical condition (cancer). Confidential settlement reached.
    Defense of major aerospace company in Central District of California federal court action filed by former engineer, alleging age
    race discrimination, breach of contract, breach of covenant, violation of ERISA,
    loss of consortium, arising out of a reduction in force. Following dismissal of several claims on summary judgment, action resolved in mediation.
    Revised major law California firm's sexual harassment
    nondiscrimination policy,
    provided training to attorneys
    staff regarding same.
    Jury trial of major retailer's L.A. Superior Court wrongful termination action following dismissal of public policy discharge claim on summary judgment.
    Co-counsel on jury trial of Alameda County Superior Court action by four plaintiffs against national retailer, alleging race discrimination in enforcement of check cashing policy, in violation of Unruh Civil Rights. Action settled during trial.
    Represented international manufacturer
    distributor of dietary supplements, cosmetics
    health
    beauty aids in defense of state court wrongful discharge action filed by former chief financial officer. Following a successful writ petition, favorable settlement reached.
    Defense of non-profit organization
    seven individual defendants in federal court action alleging civil rights violations. Motion to dismiss granted.
    Defense of wrongful termination action against major retailer, arising out of corporate downsizing. Summary judgment granted.
    Represented City on disability discrimination, harassment
    retaliation claims in companion lawsuits brought by two former employees. Summary judgment obtained for client on one case
    voluntary dismissal obtained on second case.
    Representation of pension plan in state court declaratory relief action brought by heir of deceased employee concerning distribution of retirement benefits. Matter settled.
    Defense of employer in U.S. District Court action by unionized employees, alleging Section 1981 civil rights claims
    others. Favorable settlement negotiated following grant of partial summary judgment.
    Represented health
    welfare benefit plan in federal court denial of benefits claim filed by employee
    parent regarding psychiatric care for minor. Obtained dismissal of client.
    Represented City
    City Council in L.A. Superior Court (Torrance) employment discrimination action filed by current management level employee. Favorable settlement negotiated following successful demurrer dismissing City Council
    several claims against City.
    Following dismissal of Business
    Professions Code 17200
    other claims, served as co-counsel on 30 day Orange County Superior Court jury trial of remaining contract claim brought against high tech company.
    H
    led numerous judicial
    contractual arbitrations,
    dozens of mediations.
    Conducted sexual harassment
    diversity training seminars for management, sales
    office personnel of Los Angeles commercial real estate agency, law firm, health plan,
    other clients.
    Conducted investigations of whistle blower, sexual harassment, retaliation, disability
    other discrimination claims.

Experience

  • Bar Admission & Memberships
    Admissions
    1980, California
    U.S. Court of Appeal for the Ninth Circuit
    U.S. District Court, Central, Eastern, Northern and Southern Districts of California
    Memberships

    Memberships

    Board Member, Western Center on Law and Poverty

    Member, American Bar Association

    Member, National Bar Association

    Member, John M. Langston Bar Association

    Member, Black Women Lawyers Association of Los Angeles

    Former President and Board Member, Black Women Lawyers Association of Los Angeles Foundation

    Former Vice President and Board Member, California Bar Foundation, 2010-2016

    Board Member, Los Angeles County Bar Association Foundation, 2007-2010

    Member and Former Vice Chair, Diversity in the Profession Committee, Los Angeles County Bar Association, 2006 - present

    Former Judge Pro Tem, Los Angeles County Municipal Court

    Former Ninth Circuit Lawyer Representative

  • Education & Certifications
    Law School
    University of California, Berkeley
    Class of 1980
    J.D.
    Other Education
    Stanford University
    Class of 1977
    A.B.

Dianne Celestine Baquet Smith

Of Counsel at Sheppard Mullin
Not yet reviewed

350 South Grand Avenue, 40th FloorLos Angeles, CA 90071U.S.A.

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