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Profile Picture

Theane Evangelis

Theane
Evangelis

Partner

CONTACT INFO

tevangelis@gibsondunn.com

TEL:+1 213.229.7726

FAX:+1 213.229.6726

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Class Actions Appellate and Constitutional Law Crisis Management Labor and Employment Litigation Media, Entertainment and Technology Securities Litigation

BIOGRAPHY

Theane Evangelis is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP.  She serves as Co-Chair of the firm’s global Litigation Practice Group and previously served as Co-Chair of the firm’s Class Action Practice Group.  Ms. Evangelis is also a member of the Appellate, Labor and Employment, Media, Entertainment, and Technology, and Crisis Management Practice Groups.  She joined Gibson Dunn after serving as a law clerk to Justice Sandra Day O’Connor during October Term 2004 and as an associate with Ziffren Brittenham, a Los Angeles law firm specializing in entertainment and media transactions.  Before clerking for Justice O’Connor, Ms. Evangelis was a law clerk on the U.S. Court of Appeals for the Ninth Circuit.

Ms. Evangelis has served as lead counsel in a wide range of bet-the-company appellate, constitutional, class action, labor and employment, media and entertainment, and crisis management matters in trial and appellate courts across the country.  Her professional achievements are widely recognized by leading publications.  She is recognized by Chambers USA, a publication that identifies and ranks the most outstanding lawyers, for Appellate – Litigation in their 2021 and 2022 guides.  Additionally, Benchmark Litigation named her California Labor & Employment Litigation “Attorney of the Year” for her lead role in a variety of important class actions.  According to the Los Angeles Business Journal, which named Theane on its 2022 list of “Leaders of Influence” for Labor & Employment as well as a 2021 Labor and Employment “Lawyer of the Year;” she “has emerged as a go-to class action lawyer for businesses whose business models are under attack.”  In 2021 and 2022, the Daily Journal named Ms. Evangelis to its annual list of “Top 100 Lawyers” in California and credited her with “keeping the wheels of the gig economy turning” and Benchmark Litigation named her to its “Top 250 Women” list where selection is based on “individual litigators’ professional activities as well as client feedback surveys”.  Ms. Evangelis was also recognized by Best Lawyers as the 2023 Appellate Lawyer of the Year.

Ms. Evangelis has also been named a “Class Action MVP” by Law360 three times and has been named “Litigator of the Week” by The American Lawyer.  She received the 2022 distinguished Amicus Service Award from the International Municipal Lawyers Association for her service to the IMLA Legal Advocacy program.  In 2018 and 2019, she was named as one of Los Angeles’ Most Influential Women Attorneys by the Los Angeles Business Journal, an honor designated for only 75 of the city’s most influential women attorneys.  The Daily Journal has named her as a “Top Women Lawyer in California” for 2016-2022.  Most recently, Ms. Evangelis was named by Euromoney Legal Media Group as the 2021 Litigation Lawyer of Year at the Americas Women in Business Law Awards.

Recent representative matters include:

  • Serving as lead counsel for Reddit, winning the first appellate ruling in the country in the Ninth Circuit interpreting the FOSTA amendments to section 230;
  • Serving as lead counsel to Uber in a series of private and public lawsuits across the country alleging misclassification of drivers who use the Uber app;
  • Serving as lead counsel for plaintiffs in a constitutional challenge to California’s worker classification law AB5;
  • Defeating a lawsuit by opponents of Proposition 22, a ballot initiative to protect worker independence in California, that attempted to silence Uber’s communications about the initiative on the eve of the election;
  • Served as lead appellate counsel and obtaining a landmark, precedent-setting opinion and reversal of a nine-figure wage and hour class action judgment against a leading retailer;
  • Served as lead counsel, arguing and winning appeals in several federal circuits across the country and in the Massachusetts Supreme Judicial Court, on the applicability of the Section 1 transportation worker exemption to the Federal Arbitration Act;
  • Served as lead counsel to a leading retailer in the Ninth Circuit and obtaining interlocutory review under Rule 23(f) and reversal of class certification;
  • Served as lead counsel for Uber in the Ninth Circuit and obtaining the first federal circuit decision defeating application of the Federal Arbitration Act’s Section 1 transportation worker exemption to rideshare drivers;
  • Serving as lead counsel to Uber in the California Supreme Court in Adolph v. Uber, the first case regarding arbitrability of PAGA claims in the wake of the U.S. Supreme Court’s ruling in Viking River Cruises v. Moriana;
  • Representing actor Ashley Judd against Harvey Weinstein seeking redress for the career-changing harm Mr. Weinstein caused when he defamed Judd to filmmakers in retaliation against Ms. Judd for having rejected Mr. Weinstein’s sexual advances;
  • Winning a landmark trial victory on behalf of Grubhub in the first federal case ruling that a driver-partner who used Grubhub’s app was an independent contractor, after preemptively defeating class certification;
  • Serving as lead counsel for the City of Grants Pass, Oregon, in the Ninth Circuit Court of Appeals in defending the constitutionality of the City’s ban on public camping in a case of widespread importance for local governments grappling with the homelessness crisis;
  • Successfully presented argument in the Sixth Circuit on behalf of Uber Technologies, Inc., in a proposed overtime class action brought by two Uber drivers. The three-judge panel unanimously found that two Michigan men, who accused Uber of violating the Fair Labor Standards Act and Michigan labor law by classifying them as independent contractors and denying them wages and other benefits, were bound to arbitrate their claims;
  • Representing Uber and persuading the Ninth Circuit to grant interlocutory review of a class certification order, and obtaining decisions by the Ninth Circuit enforcing Uber’s arbitration agreements and decertifying a class of hundreds of thousands of drivers;
  • Securing the complete reversal from the Ninth Circuit of a class action judgment against Kimberly Clark involving claims of fraud and unfair competition, after obtaining a 95% reduction from the Central District of California of the nearly half-a-billion-dollar verdict;
  • Presenting argument on behalf of Yamaha and obtaining a published, precedential opinion from the Ninth Circuit dismissing a nationwide class action and limiting a manufacturer’s duty to disclose safety-related latent defects under California law;
  • Persuading the Supreme Court of the United States to reverse the certification of the largest employment class action in American history;
  • Representing the plaintiffs from trial to the Supreme Court of the United States in the historic federal constitutional challenge striking down California’s ban on same-sex marriage, Proposition 8;
  • Serving as lead counsel for the City of Boise in the U.S. Supreme Court in defending the constitutionality of the City’s ban on public camping in Martin v. City of Boise;
  • Successfully defended Reese Witherspoon and Draper James in a nationwide putative consumer class action;
  • Obtaining summary judgment in a breach of contract case on behalf of David Letterman’s production company, Worldwide Pants;
  • Presenting argument on behalf of Hewlett-Packard Company and obtaining a precedent-setting, published opinion from the Ninth Circuit regarding a manufacturer’s duty to disclose latent defects under California law;
  • Obtaining a unanimous victory for Standard Fire in the Supreme Court of the United States in a case involving the proper interpretation of the Class Action Fairness Act;
  • Obtaining reversal of a nearly $90 million judgment in a wage and hour class action in the California Court of Appeal;
  • Serving as appellate counsel to Toyota Motor Company in the multidistrict litigation arising out of drivers’ reports of “unintended acceleration” in Toyota vehicles and persuading the Ninth Circuit to grant interlocutory review of whether “no injury” class-action plaintiffs lack Article III standing;
  • Representing California public school students bringing in a landmark constitutional challenge to state tenure laws that prevent school administrators from hiring and retaining the most effective teachers;
  • Persuading the Ninth Circuit to grant interlocutory review of several class certification decisions;
  • Winning dismissal with prejudice of a putative nationwide consumer class action filed in federal court against a technology company, which was subsequently affirmed by the Ninth Circuit;
  • Securing a dismissal, with prejudice, of a putative nationwide consumer class action filed in federal court against an internet company;
  • Obtaining decertification of a major wage-and-hour class action in state court;
  • Winning a dismissal, with prejudice, in favor of Starbucks Corporation in a contractual dispute with singer-songwriter Carly Simon;
  • Obtaining reversal on constitutional grounds of a significant punitive damage award in state court; and
  • Representing ABM in a series of putative wage and hour class actions in California state and federal courts.

Ms. Evangelis graduated summa cum laude from New York University School of Law in 2003 and received the University Graduation Prize, which is awarded to the student with the highest grade point average in the graduating class.  During law school, she was a Butler and Pomeroy Scholar and served as Managing Editor of the New York University Law Review.

Prior to law school, Ms. Evangelis served as a legislative assistant to former U.S. Representative Max Sandlin, for whom she handled financial services, technology, and foreign affairs legislation.  She received a B.S. in Foreign Service, cum laude, from the Georgetown University School of Foreign Service.

Ms. Evangelis is a member of the California bar and is admitted to practice in the Supreme Court of the United States, U.S. Courts of Appeal across the country, and all federal courts in California.  Ms. Evangelis serves on the board of the California Women’s Law Center and as a Trustee of the Global Greek Film Initiative.  She serves on the State Appellate Judicial Evaluation Committee of the Los Angeles Bar Association and is also a Member of the Board of Trustees of the NYU Law School as well as St. James Episcopal School.  Ms. Evangelis was also appointed recently by the Los Angeles County Board of Supervisors to the Los Angeles County Blue Ribbon Commission on Homelessness.

In its annual Top Verdicts of California 2018 feature, the Daily Journal recognized Ms. Evangelis  for three of her litigation successes where she was able to obtain record verdicts for clients Uber, Kimberly-Clark and Grubhub.  In 2018, she was selected by The American Lawyer as a Litigator of the Week based on her win on behalf of Grubhub in the first federal case regarding the classification of workers in the “gig” economy.  In 2013, she was named by the Daily Journal as one of the “Top 20 California Attorneys Under 40.”  She has been listed in Law360’s “Rising Stars” for 2013 and 2015 in Appellate Law, and a Class Actions “Rising Star” for 2014.  She was selected by her peers for inclusion in The Best Lawyers in America© in the field of Appellate Practice from 2014-2023 and was also named “Los Angeles Appellate Lawyer of the Year” by Best Lawyers®.  In addition, Ms. Evangelis has been recognized by The Recorder as one of California’s “Lawyers on the Fast Track,” and was selected as one of “Greek America’s Forty under 40” by the Greek America Foundation.  Southern California Super Lawyers named her as a “Super Lawyer” in Los Angeles Magazine in the category of Appellate Law, and she was recognized as one of the “25 Most Intriguing Greek Americans of 2010” by Greek America Magazine for her work challenging Proposition 8.  Benchmark Litigation has listed Ms. Evangelis on their “Under 40 Hot List,” which honors the achievements of the nation’s most accomplished legal partners of the age of forty or younger.  Benchmark Litigation also recognized her as a California “Future Litigation Star” in their 2018 and 2019 editions.

EDUCATION

New York University - 2003 Juris Doctor

Georgetown University - 1997 Bachelor of Science

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Firm News - January 25, 2023 | Theodore Boutrous, Richard Doren, and Theane Evangelis Named Among Leading Commercial Litigators
Firm News - January 17, 2023 | Lawdragon Names 19 Partners Among its 2023 500 Leading Lawyers in America and Hall of Fame Honorees
Firm News - October 25, 2022 | Theane Evangelis and Katherine Smith Named Among Los Angeles’ 2022 Leaders of Influence in Labor & Employment
Firm News - October 4, 2022 | Lawdragon Names 38 Partners Among its 2023 500 Leading Litigators in America
Firm News - September 22, 2022 | Theodore Boutrous and Theane Evangelis Named Among California’s Top 100 Lawyers
Firm News - August 18, 2022 | 11 Gibson Dunn Partners Named Lawyers of the Year
Firm News - August 5, 2022 | Twelve Gibson Dunn Partners Named Among Benchmark’s Top Women in Litigation and 40 & Under 2022
Firm News - May 18, 2022 | Daily Journal Names Theane Evangelis and Debra Wong Yang Among 2022 Top Women Lawyers in California
Firm News - May 16, 2022 | Theane Evangelis and Kevin Masuda Named Among Top 100 Lawyers in Los Angeles
Firm News - February 23, 2022 | Lawdragon Names 15 Partners Among its 2022 500 Leading Lawyers in America and Hall of Fame Honorees
Firm News - February 11, 2022 | Three Gibson Dunn Cases Named Top Verdicts of the Year 2021
Client Alert - February 11, 2022 | Congress Implements Restrictions on Employment Agreements That Require Arbitration of Sexual Assault or Harassment Claims
Firm News - February 10, 2022 | Nine Partners Named 2022 BTI Client Service All-Stars
Client Alert - January 28, 2022 | California Supreme Court Adopts New Standard for Whistleblower Retaliation Claims
Firm News - November 19, 2021 | Theane Evangelis Named a Los Angeles Leader in Law in Labor & Employment
Firm News - September 30, 2021 | Theane Evangelis and Ilissa Samplin Receive 2021 Women in Business Law Awards
Firm News - September 15, 2021 | Theodore Boutrous, Theane Evangelis and Debra Wong Yang Named Among California’s Top 100 Lawyers
Client Alert - September 10, 2021 | California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers
Firm News - September 8, 2021 | Law360 Names Six Gibson Dunn Partners as 2021 MVPs
Firm News - August 9, 2021 | Ten Gibson Dunn Partners Named Among Benchmark Top 250 Women in Litigation 2021
Article - July 27, 2021 | Breaking the Legal Paralysis: Combatting California’s Homelessness Crisis After Martin v. City of Boise
Article - June 25, 2021 | 10 Years Of Dukes: A Resounding Class Certification Legacy
Firm News - May 19, 2021 | Daily Journal Names Theane Evangelis and Debra Wong Yang Among 2021 Top Women Lawyers in California
Publications - May 4, 2021 | Don’t turn classrooms into courtrooms and retraumatize victims
Client Alert - April 28, 2021 | First Quarter 2021 Update on Class Actions
Firm News - April 5, 2021 | Gibson Dunn Wins Six Awards at 2021 Benchmark Litigation US Awards Ceremony
Client Alert - January 22, 2021 | Year-End and Fourth Quarter 2020 Update on Class Actions
Firm News - December 24, 2020 | Theane Evangelis and Stuart Graiwer Named Among Leading Professionals in Los Angeles
Client Alert - November 10, 2020 | Third Quarter 2020 Update on Class Actions
Firm News - November 5, 2020 | Daily Journal Names Theane Evangelis and Carrie LeRoy Among 2020 Top Women Lawyers in California
Firm News - October 16, 2020 | Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn
Client Alert - July 24, 2020 | Second Quarter 2020 Update on Class Actions
Client Alert - April 24, 2020 | First Quarter 2020 Update on Class Actions
Firm News - March 10, 2020 | Gibson Dunn Wins Seven Awards at 2020 Benchmark Litigation US West Awards Ceremony
Client Alert - January 31, 2020 | Year-End and Fourth Quarter 2019 Update on Class Actions
Firm News - November 12, 2019 | Law360 Names Nine Gibson Dunn Partners as 2019 MVPs
Client Alert - November 6, 2019 | Third Quarter 2019 Update on Class Actions
Publications - September 18, 2019 | How an Idaho court decision will increase homeless encampments on L.A. streets
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Client Alert - July 25, 2019 | Second Quarter 2019 Update on Class Actions
Client Alert - May 14, 2019 | First Quarter 2019 Update on Class Actions
Firm News - May 8, 2019 | Theane Evangelis and Debra Wong Yang Named Among Daily Journal’s 2019 Top Women Lawyers in California
Firm News - April 8, 2019 | Theane Evangelis and Debra Wong Yang Named Most Influential Women Lawyers in Los Angeles
Publications - April 3, 2019 | Click, Wrap and Scroll: Securing Assent to Online Agreements
Client Alert - February 1, 2019 | California Supreme Court Winter 2019 Round-Up
Publications - January 18, 2019 | Fourth Quarter 2018 Update on Class Actions
Client Alert - October 24, 2018 | Third Quarter 2018 Update on Class Actions
Client Alert - July 18, 2018 | Second Quarter 2018 Update on Class Actions
Client Alert - May 4, 2018 | First Quarter 2018 Update on Class Actions
Firm News - May 2, 2018 | Four Partners Named Among California’s 2018 Top Women Lawyers
Press Releases - April 30, 2018 | Ashley Judd Files Suit To Hold Harvey Weinstein Accountable For His “Highly Reprehensible and Despicable” Misconduct
- April 16, 2018 | Candice Choh and Theane Evangelis Named Most Influential Women Attorneys in Los Angeles
Firm News - February 15, 2018 | Michele Maryott and Theane Evangelis Named Litigators of the Week
Client Alert - January 30, 2018 | Fourth Quarter 2017 Update on Class Actions
Client Alert - November 7, 2017 | Third Quarter 2017 Update on Class Actions
Client Alert - September 28, 2017 | California Supreme Court Fall 2017 Round-Up
Client Alert - August 1, 2017 | Second Quarter 2017 Update on Class Actions
Client Alert - May 19, 2017 | First Quarter 2017 Update on Class Actions
Client Alert - March 13, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law
Client Alert - February 1, 2017 | 2016 Year-End Update on Class Actions
Client Alert - October 27, 2016 | Third Quarter 2016 Update on Class Actions
Article - July 7, 2016 | The Consumer Financial Protection Bureau and the Future of Class Action Waivers
Client Alert - April 28, 2016 | California Supreme Court Spring 2016 Round-Up
Article - October 1, 2015 | The Need to Establish Absent Class Member Standing in Antitrust Class Actions
Client Alert - September 8, 2015 | California Supreme Court Mid-Year Round-Up (September 2015)
Article - June 26, 2015 | Victory for liberty, equality
Article - January 26, 2015 | A Day in Court for Same-Sex Marriage
Client Alert - June 13, 2014 | Los Angeles Superior Court Strikes Down California’s Teacher Tenure Laws in Landmark Decision Protecting Students’ Rights
Client Alert - May 30, 2014 | California Supreme Court Unanimously Rejects Statistical Sampling That Deprived Class Action Defendant of Its Ability to Present Individualized Defenses
Client Alert - July 11, 2013 | U.S. Supreme Court Restores Marriage Equality in California
Client Alert - March 20, 2013 | U.S. Supreme Court Prevents Class Action Plaintiffs from Evading Federal Jurisdiction under CAFA
Client Alert - June 28, 2011 | A Win for Wal-Mart, and All Workers
Client Alert - June 21, 2011 | U.S. Supreme Court Unanimously Reverses Ninth Circuit and Holds That Employment Class Action Against Wal-Mart Cannot Proceed
Article - September 1, 2010 | Aggregation or Stacking of Penalties or Punitive Measures
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