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Cheryl D. Orr is a partner in the HR Law Practice Group and a member of the firm’s Labor and Employment Team. She concentrates her practice in wage and hour class actions, litigation of discrimination, harassment, and unfair competition claims, workplace investigations, and employer advice and counseling. Cheryl joined Drinker Biddle from Carlton DiSante & Freudenberger LLP where she was managing partner of their San Francisco office.
Published Opinions:
Wells v. Board of Trustees of California State University, 393 F.Supp.2d 990 (N.D.Cal. 2005).
Wolfe v. State Farm Fire & Casualty Insurance Co., 46 Cal.App.4th 554 (1996).
Spellman v. Securities, Annuities & Ins. Services, Inc., 8 Cal.App.4th 452 (1992).
Representative Experience and Accomplishments:
Acted as lead trial counsel on many multi-party wage and hour actions including state class actions, national FLSA collective actions and Business & Professions Code section 17200 representative actions.
Recent victories include:
Obtaining complete dismissal of a national FLSA collective action involving "on call" pay and overtime issues for the client's drivers;
Defeating conditional certification of a national class in a FLSA collective action and then prevailing on a decertification motion in a case involving travel pay and overtime issues;
Bringing a demurrer to dismiss a Business & Professions Code section 17200 case and having Plaintiff voluntarily dismiss this overtime exemption case while the motion was still pending;
Convincing Plaintiff to dismiss class allegations in a waiting time class action case due to a lack of "commonality"; and
Reaching very successful settlements in multiple wage and hour matters from as early in the process as before the Complaint is filed, up to the eve of the class certification hearing, depending on how the facts break most favorably to clients.
Worked with higher education institutions with some as an outside independent investigator and with others as lead trial counsel.
Addressed issues including Title IX, Section 1983, wrongful termination and sexual harassment claims.
Represented the Trustee of an oil distribution company's Employee Stock Ownership Plan (ESOP) in ERISA litigation against the former trustee and current and former owners of company for estimated $13.1 million in losses to ESOP. Favorable settlement approved by the presiding judge of Eastern District of California. Dismissed from appeal to 9th Circuit Court of Appeals on basis of pleadings.
Represented a medical equipment supplier in an unfair competition suit filed in Solano Superior Court against a former company manager.
Successful in obtaining a TRO and preliminary injunction prior to obtaining favorable settlement.
Supervised defense of numerous single-plaintiff suits on issues ranging from wrongful termination to discrimination to executive stock disputes in state and federal court. Recent victories include obtaining complete summary judgment in two separate Superior Court actions.
Defended a securities broker and affiliated banks in ten wrongful termination/discrimination suits before the National Association of Securities Dealers, Inc. (NASD) arbitration panels.
Assisted Hon.Charles B. Renfrew (Ret.) in conducting an internal investigation for the Hearst Corporation arising out of statements made by then San Francisco Examiner publisher claiming that he "horse traded" favorable editorial coverage with Mayor Willie Brown in exchange for Brown's support of Hearst's acquisition of the San Francisco Chronicle.
Bar Memberships. Cheryl is admitted to practice in all California State Courts, the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Court for the Eastern District of California, and the U.S. District Court for the Northern District of California.
In General. Cheryl received her B.A. in political science magna cum laude from the University of Minnesota . She received her J.D. from Columbia University Law School . She is a frequent lecturer on employment law topics at events sponsored by Lorman Education Services and is a volunteer for Lawyers' Committee for Civil Rights Under Law, representing political asylum applicants. Cheryl is also active in the Bar Association of San Francisco's Volunteer Legal Services Program. | 