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Profile Picture

Eugene Scalia

Partner

CONTACT INFO

escalia@gibsondunn.com

TEL:+1 202.955.8206

FAX:+1 202.530.9606

Washington, D.C.

1050 Connecticut Avenue, N.W. , Washington, DC 20036-5306 USA

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PRACTICE

Labor and Employment Administrative Law and Regulatory Practice Appellate and Constitutional Law Crisis Management Litigation Privacy, Cybersecurity and Consumer Protection Securities Regulation and Corporate Governance

BIOGRAPHY

Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is Co-Chair of the Firm’s Administrative Law and Regulatory Practice Group and a member of its Labor and Employment Practice Group, which he co-chaired for twelve years. He is also a member of the Firm’s Appellate and Constitutional Law Practice Group and has served on its Executive Committee and its Partnership Evaluation Committee.

Mr. Scalia has a national practice handling a broad range of labor, employment, appellate, and regulatory matters. He previously served as Solicitor of the U.S. Department of Labor, the Department’s principal legal officer with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He also has served at the U.S. Department of Justice, as a Special Assistant to the Attorney General. His success bringing legal challenges to federal agency actions has been widely reported in the legal and popular press.

Representative employment matters and appeals include:

  • EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc) – Sixth Circuit decision rejecting EEOC’s position regarding telecommuting as a reasonable accommodation.
  • Wynn v. Baldonado, 311 P.3d 1179 (Nev. 2013) – In Nevada Supreme Court, obtained reversal of lower court decision invalidating client’s “tip pooling” practice and authorizing a class action.
  • Hendricks v. UBS Fin. Servs., Inc., 2013 WL 5969888 (5th Cir. 2013) – Favorable Fifth Circuit decisions reversing district court orders that had denied arbitration and had certified ERISA class actions seeking $200 million.
  • NLRB v. The Boeing Company, Case 19-CA-32431 – Represented company in closely-watched case regarding new South Carolina facility.
  • Hohider v. UPS, 574 F.3d 169 (3d Cir. 2009) – Vacated the largest ADA class ever certified.
  • Bath Marine Draftsmen’s Assoc. v. NLRB, 475 F.3d 20 (1st Cir. 2007) – Tried and successfully appealed to the Board and First Circuit this leading case on labor contract modifications.
  • EEOC v. UPS, 306 F.3d 794 (9th Cir. 2002); 424 F.3d 1060 (9th Cir. 2005) – Trial and two successful appeals in nationwide EEOC challenge under the ADA to a company’s physical qualification requirements for drivers.
  • Representation of companies and audit committees in many Sarbanes-Oxley and Dodd-Frank “whistleblower” matters, including internal investigations and proceedings before the Department of Labor and in the federal courts.

Representative administrative law and regulatory matters include:

  • Chamber of Commerce of the U.S.A. v. Dep’t of Labor, 885 F.3d 360 (5th Cir. 2018) – Vacated U.S. Department of Labor’s “fiduciary” rule, among the most controversial regulations ever adopted in the financial services industry.
  • MetLife, Inc. v. Financial Stability Oversight Council, 177 F. Supp. 3d 219 (D.D.C. 2016) – Vacated MetLife’s designation as a “too big to fail” “systemically important financial institution,” in first-ever such challenge under Dodd-Frank Act.
  • American Petroleum Institute v. SEC, 2013 WL 3307114 (D.D.C., July 2, 2013) – Successful challenge to “extractive industries” rule required by Dodd-Frank Act.
  • ISDA & SIFMA v. CFTC, 887 F. Supp. 2d 259 (D.D.C. 2012) – Challenge to CFTC’s “position limits” regulation.
  • Business Roundtable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011) – Successful challenge to SEC’s controversial “proxy access” rule, regarding election of corporate directors.
  • American Equity Inv. Life Ins. Co. v. SEC, 613 F.3d 166 (D.C. Cir. 2010) – Successful challenge to SEC rule regulating fixed indexed annuities.
  • Retail Industry Leaders Ass’n v. Fielder, 475 F.3d 180 (4th Cir. 2007) – Successful ERISA preemption challenge to controversial Maryland law that required increased expenditures on employee health care.
  • Chamber of Commerce v. SEC, 412 F.3d 133 (D.C. Cir. 2005), and Chamber of Commerce v. SEC, 443 F.3d 890 (D.C. Cir. 2006) – Two successful challenges to SEC’s controversial mutual fund “governance” rule.
  • United States Telecom Association, et al. v. F.C.C., 227 F.3d 450 (D.C. Cir. 2000) – Successful challenge to Federal Communications Commission regulation regarding telecommunications surveillance by law enforcement authorities.
  • U.S. Chamber of Commerce v. U.S. Dep’t Labor, 174 F.3d 206 (D.C. Cir. 1999) – Successful challenge under Administrative Procedure Act to “Cooperative Compliance Program,” one of the largest enforcement programs in OSHA’s history.

Mr. Scalia is the author of more than twenty articles and papers on labor and employment law, constitutional law, and other subjects. He is listed in Who’s Who in America and is identified as a leading labor and employment lawyer in Chambers, The Legal 500, Benchmark Litigation, PLC’s Which Lawyer?, and other publications.  He has been named Washington, D.C. Litigation Labor and Employment Lawyer of the Year by The Best Lawyers in America®, and an “Employment MVP” by Law360. He has also been named an “Appellate MVP” and “Securities MVP” by Law360, and recognized as “Lawyer of the Year” by Institutional Investor’s Compliance Reporter magazine, for his litigation involving the SEC.  His success challenging federal regulations has been profiled in a Bloomberg Businessweek article titled “Suing the Government? Call Scalia,” and a Wall Street Journal article titled “Another Scalia Vexes Regulators.” The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He is a senior fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process.

Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review.  From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department’s Edmund J. Randolph Award. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school.  He has been a Lecturer in labor and employment law at the University of Chicago Law School.

EDUCATION

University of Chicago - 1990 Juris Doctor

University of Virginia - 1985 Bachelor of Arts

ADMISSIONS

California Bar

District of Columbia Bar

Virginia Bar

RECENT PUBLICATIONS

Firm News - November 29, 2018 | Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers
Firm News - November 28, 2018 | Law360 Names Eight Gibson Dunn Partners as MVPs
Firm News - August 1, 2018 | Who’s Who Legal Recognizes Nine Gibson Dunn Partners
Firm News - July 16, 2018 | Legal 500 Names 10 Gibson Dunn Partners to its US Hall of Fame
Firm News - June 21, 2018 | Gibson Dunn Partners Named Top Employment Lawyers
Firm News - June 18, 2018 | Gibson Dunn Ranked in 2018 U.S. Legal 500
Firm News - May 9, 2018 | Gibson Dunn Earns 70 Top-Tier Rankings in Chambers USA 2018
Firm News - March 23, 2018 | Eugene Scalia Named Litigator of the Week
Client Alert - March 19, 2018 | D.C. Circuit Vacates Part of FCC’s 2015 TCPA Order in ACA International, et al. v. FCC, et al.
Client Alert - March 18, 2018 | Fifth Circuit Vacates Labor Department’s “Fiduciary Rule” “In Toto” in Chamber of Commerce of U.S.A., et al. v. U.S. Dep’t of Labor
Client Alert - May 10, 2017 | House Financial Services Committee Financial Choice Act 2.0: Key Banking, Derivatives and Rulemaking Reforms
Publications - May 10, 2017 | Webcast: Labor & Employment Developments in the Trump Administration
Client Alert - February 6, 2017 | President Trump Issues Executive Order on Financial Regulation, and Memorandum on Department of Labor Fiduciary Rule
Client Alert - January 31, 2017 | President Trump Issues Executive Order on Reducing Regulation and Controlling Regulatory Costs
Client Alert - November 30, 2016 | Tools of Transition: Procedural Devices That Could Help the President-Elect Implement His Agenda
Client Alert - May 17, 2016 | CFTC Proposal Sparks Controversy by Permitting Private Lawsuits in FERC-regulated Electricity Markets
Client Alert - June 29, 2015 | U.S. Supreme Court Issues Important Decision Regarding Agencies’ Duty to Consider Costs in Rulemaking
Client Alert - April 13, 2015 | En Banc Sixth Circuit Addresses When “Telecommuting” Is a Reasonable Accommodation Under ADA
Client Alert - April 2, 2015 | SEC Brings First Enforcement Action Challenging Employee Confidentiality Agreement Alleged to Impede Whistleblowers
Client Alert - August 13, 2014 | Sweeping Executive Order Increases Government Contractors’ Labor Law Compliance Burdens
Publications - April 3, 2014 | Webcast – Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?
Client Alert - March 5, 2014 | Sarbanes-Oxley and Dodd-Frank Whistleblower Claims After Lawson v. FMR LLC
Client Alert - December 18, 2013 | Labor Department’s Ruling in “Whistleblower” Cases Could Implicate Employers’ Ability to Enforce Workplace Standards
Client Alert - August 28, 2013 | OSHA’s Proposed Silica Limits Have Major Implications for Fracking, Construction, Manufacturing, and Maritime Industries
Client Alert - June 19, 2012 | In a Ruling with Important Implications for Courts’ Deference to Agencies, U.S. Supreme Court Rejects Department of Labor Position on Overtime for “Outside Sales” Employees
Client Alert - February 6, 2012 | Sarbanes-Oxley Whistleblower Provision Does Not Cover Employees of Non-Public Companies, First Circuit Rules
Client Alert - July 22, 2011 | D.C. Circuit Vacates Securities and Exchange Commission’s Proxy Access Rule
Client Alert - June 17, 2011 | Whistleblower Protection Under the SEC’s New Dodd-Frank Regulations: A Practical Guide for Employers
Client Alert - May 31, 2011 | SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank
Client Alert - May 3, 2011 | White House Gives Federal Agencies Additional Guidance on Reviewing Existing Regulations
Client Alert - February 9, 2011 | OSHA Announces Temporary Retreat Regarding Noise and Musculoskeletal Initiatives
Client Alert - January 21, 2011 | Presidential Executive Order on Regulation Suggests U.S. Rulemakings Will Be Examined More Closely
Client Alert - December 21, 2010 | U.S. EEOC Issues Final Regulations Implementing the Genetic Information Nondiscrimination Act
Client Alert - November 17, 2010 | SEC Proposes New Dodd-Frank Whistleblower Rule
Client Alert - November 5, 2010 | U.S. SEC Proposes and Seeks Comment on New Dodd-Frank Whistleblower Rule
Client Alert - October 8, 2010 | Proxy Access Litigation and Next Steps
Client Alert - April 26, 2010 | Occupational Safety and Health Administration Announces Stringent Enforcement Policy
Client Alert - March 29, 2010 | U.S. Department of Labor Attempts to Alter Overtime Requirements for Certain Financial Industry Employees Through Novel Use of “Administrator’s Interpretation,” Rather Than Through Ordinary Rulemaking or An Opinion Letter
Client Alert - February 24, 2010 | Department of Defense Announces Defense Contract Provisions Prohibiting Contractors’ Use of Arbitration Agreements for Certain Employee Disputes
Client Alert - December 9, 2009 | Second Circuit Issues Wage-Hour “Administrative/Production Dichotomy” Decision Out of Step with Other Circuits
Client Alert - November 11, 2009 | Labor Department Ruling Confirms Limited Scope of Sarbanes-Oxley “Whistleblowing”
Client Alert - August 10, 2009 | Labor Department Proposes Rules Requiring Government Contractors to Post Notice of Unionization Rights
Client Alert - July 24, 2009 | Third Circuit Issues Important Decision Regarding Class Certification and Americans with Disabilities Act
Client Alert - June 22, 2009 | Supreme Court Rejects Mixed-Motive Framework for Age Discrimination Claims
Client Alert - April 30, 2009 | OSHA Authority and Penalties Expected to Increase Greatly Under Proposed Legislation
Client Alert - April 1, 2009 | Supreme Court Upholds Arbitration Requirement in Collective Bargaining Agreement
Client Alert - March 9, 2009 | Ninth Circuit Declines En Banc Review of San Francisco Mandated Health Care Law; Supreme Court Review Possible
Client Alert - February 2, 2009 | Three Executive Orders Signed Friday Increase Employment Requirements on Federal Contractors
Client Alert - January 9, 2009 | Labor and Employment Changes Expected in Obama Administration
Client Alert - November 18, 2008 | “Whistleblower” Who Fails to Cooperate in Internal Investigation May Be Terminated, Labor Department Rules
Client Alert - June 27, 2008 | Justice Department Proposes New “Public Accommodation” Requirements under Americans with Disabilities Act
Client Alert - June 19, 2008 | Supreme Court Issues Two Important Age Discrimination Decisions
Client Alert - April 17, 2008 | Out with the Old: Two major age discrimination cases are set to be heard in the US Supreme Court
Client Alert - February 25, 2008 | Supreme Court Addresses First of Numerous Issues Arising in ERISA “Stock Drop” Litigation
Client Alert - March 14, 2007 | “Employee Free Choice Act” Would Implement Most Sweeping Labor Law Changes in Decades, Strengthening Unions’ Hand in Both Organizing and Negotiations
Client Alert - February 5, 2007 | Fifth Circuit Issues Important Decision on Class Certification in ERISA “Stock Drop” Fiduciary Breach Litigation
Client Alert - October 27, 2006 | Ninth Circuit Finds Insurance Claims Adjusters Exempt from Overtime Under Fair Labor Standards Act
Client Alert - October 5, 2006 | New Sarbanes-Oxley “Whistleblower” Decision Provides Important Clarification on Protected Activity
Client Alert - July 20, 2006 | German Parliament Passes General Equal Treatment Act, Which Will Have a Considerable Impact on German Employment Practice
Client Alert - July 7, 2006 | Recent Court Decisions Suggest Greater Latitude for ERISA Fiduciaries to Retain Company Stock as Investment Option
Client Alert - November 18, 2005 | EEOC Approves Revisions to EEO-1 Employer Reporting Form
Client Alert - November 9, 2005 | Supreme Court Clarifies Scope of Compensable Workday Under the Fair Labor Standards Act
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