Andrea R. Lucas is a senior associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. She is a member of the firm’s Labor & Employment Practice Group and its Litigation Department.
Ms. Lucas has represented clients at the federal and state appellate and trial court level, as well as in administrative forums and arbitration. She has represented employers in single plaintiff and class action litigation in a wide-range of employment matters, including those involving sexual harassment, race, age, and disability discrimination, executive employment disputes, wrongful termination, wage and hour laws, and unfair labor practices. She also has significant experience in trial proceedings, including conducting direct examinations of several fact witnesses during a 21-day administrative hearing before a NLRB judge and direct examination of a fact witness in a multi-week arbitration hearing.
In addition to her litigation matters, Ms. Lucas also dedicates a substantial portion of her practice to advising employers on a wide variety of employment-related issues, including with respect to sexual harassment and other sensitive workplace investigations; large-scale voluntary and involuntary separation programs and related reorganizations; executive separations and related agreements, confidentiality and other employment agreements; independent contractor status; wage-and-hour compliance; terminations; enforcement of non-solicitation, non-competition, and other restrictive covenants; background checks; affirmative action regulatory compliance; and disability accommodation.
Representative engagements include:
- Representing Ford Motor Company in multiple putative class and single plaintiff actions raising age, sex, and disability discrimination and ERISA claims arising out of involuntary separation program;
- Won complete dismissal of plaintiff’s ERISA denial-of-benefits action arising from employer’s decision not to select employee for voluntary separation program (Scott v. Ford Motor Co. (E.D. Mich. 2020));
- Successfully defeated two attempts at class certification in a sexual harassment lawsuit brought by over thirty named plaintiffs (Van et al. v. Ford Motor Co. (N.D. Ill. 2019));
- Confidentially advised large financial services company on threatened sex discrimination, pay discrimination, and retaliation claims resulting from senior executive’s termination and on company’s potential counterclaims for fraud and breach of fiduciary duty, and negotiated favorable settlement of subsequent EEOC charge and related claims and counter-claims through EEOC mediation;
- Counseled Fortune 50 company on multiple voluntary and involuntary large-scale reductions in force and reorganizations during substantial, multi-year global restructuring of its salaried workforce;
- Advised on confidential internal investigation into sexual harassment allegations against a senior executive at large financial services company involving cross-border conduct;
- Advised large employer on negotiation of and compliance with a multi-million dollar conciliation agreement with the EEOC and related multi-year monitorship, arising out of sexual and racial harassment allegations;
- Secured a substantial trial win for Cablevision in a long-running and highly-publicized labor union dispute with the Communications Workers of America, AFL-CIO (CWA). Following a 21-day trial before a NLRB judge, prevailed on seven of the nine unfair labor practice charges brought by the NLRB Regional Director on behalf of the CWA against Cablevision (CSC Holdings, LLC and Cablevision Systems, New York City Corp. (NLRB 2016));
- Conducted direct examination of a fact witness as key member of arbitration team in executive departure dispute involving breach of contract, restrictive covenants, duty of loyalty, and theft of confidential information/trade secrets, which resulted in favorable settlement after eleven days of arbitration;
- After briefing and arguing motion to dismiss, won dismissal of nine of eleven claims in a putative class action brought by translators employed on a U.S. military contract in Kuwait; plaintiffs voluntarily dismissed their remaining two claims after Court enforced forum selection, choice-of-law, and jury trial waiver provisions and granted a motion to strike plaintiffs’ expert testimony (Zaklit, et al. v. Global Linguist Solutions, LLC (E.D. Va. 2014));
- Assisted team in defeating summary judgment in high-profile non-compete litigation brought by Capital One Financial Corporation against its former president of banking and another former senior executive, later leading to a favorable public settlement enforcing non-compete restrictions and requiring defendants to pay $20 million to Capital One (Capital One v. Kanas, et al. (E.D. Va. 2012));
- Represented and helped obtain favorable settlement for an applied technology company in a lawsuit brought by a former executive alleging disability discrimination, retaliation, and defamation.
Ms. Lucas was an associate at Gibson Dunn from 2011 to 2012. She then served as a law clerk to Judge James C. Cacheris of the United States District Court for the Eastern District of Virginia from 2012 to 2013. She rejoined the firm in 2013.
Ms. Lucas graduated in 2011 from the University of Virginia School of Law, where she was an Articles Editor on the Virginia Law Review. She graduated magna cum laude in 2008 from the University of Pennsylvania with a Bachelor of Arts degree in Philosophy, Politics, and Economics.
Ms. Lucas is admitted to practice in the District of Columbia and Virginia as well as before the United States Court of Appeals for the Fourth Circuit and the United States District Court for the Eastern District of Virginia. Ms. Lucas also is a member of the firm’s Washington, D.C. Diversity Committee, the Women’s Subcommittee of the D.C. Diversity Committee, and the Parents Resource Group of the D.C. Diversity Committee.