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Profile Picture

Eugene Scalia

Eugene
Scalia

Partner

CONTACT INFO

Assistant: Erin Smith | Tel: +1 202.955.8543
esmith@gibsondunn.com

Washington, D.C.

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

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PRACTICE

Administrative Law and Regulatory Practice Appellate and Constitutional Law Financial Institutions Labor and Employment Litigation Securities Regulation and Corporate Governance

BIOGRAPHY

Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group.  He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.

Mr. Scalia has a nationally-prominent practice in two areas:  Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies.  He also has extensive appellate experience.  Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”

As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces.  He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force.  He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation.  Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.

Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law.  He is the only person to have served as both Solicitor and Secretary of Labor.

He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.

In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws.  He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes.  He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act.  Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations.  He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.

Mr. Scalia 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.  He is the author of dozens of articles and papers on labor and employment law, administrative law, and other subjects.  Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360, and for nearly two decades, he has been ranked a “Band 1” Labor and Employment lawyer in Washington, D.C. by Chambers.  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.”  Most recently, Mr. Scalia was recognized in the 2023 edition of The Best Lawyers in America© for work in employment law and labor and employment litigation.  He has been a Lecturer in labor and employment law at the University of Chicago Law School.

Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review.  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.  Mr. Scalia and his wife Trish have seven children.

EDUCATION

University of Chicago - 1990 Juris Doctor

University of Virginia - 1985 Bachelor of Arts

ADMISSIONS

California Bar

District of Columbia Bar

RECENT PUBLICATIONS

Firm News - June 1, 2023 | Gibson Dunn Earns 106 Top-Tier Rankings in Chambers USA 2023
Client Alert - May 17, 2023 | Child and Forced Labor Risks Global Task Force
Client Alert - April 25, 2023 | President Biden Issues Executive Order Making Important Changes to How Agencies Weigh the Costs and Benefits of Regulatory Actions
Client Alert - April 25, 2023 | FSOC Proposes Overhauling Its Standards for Designating Nonbank Companies as Systemically Important
Client Alert - March 29, 2023 | Gas Stoves: Developing Regulatory and Litigation Actions
Client Alert - January 5, 2023 | FTC Proposes Rule to Ban Non-Compete Clauses
Firm News - January 3, 2023 | Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers
Client Alert - November 15, 2022 | Proposed Amendment to Federal Acquisition Regulation Would Require Contractors to Disclose Greenhouse Gas Emissions, Emissions Reduction Targets, and Climate-Based Financial Risks
Client Alert - October 11, 2022 | Department of Labor Initiates Rulemaking to Revise Its Interpretation of Who Qualifies as an Independent Contractor Under the FLSA
Firm News - August 15, 2022 | Lawdragon 500 2022 Names 20 Gibson Dunn Partners Top Employment Lawyers
Article - August 8, 2022 | The FTC Heads for Legal Trouble
Client Alert - July 26, 2022 | Labor Department Proposes “QPAM” Changes
Firm News - June 1, 2022 | Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022
Client Alert - May 5, 2022 | CFPB Invokes Dormant Dodd-Frank Authority to Regulate Nonbank Financial Companies
Client Alert - March 10, 2022 | The Biden Administration’s Digital Assets Executive Order and Its Implications
Client Alert - February 22, 2022 | 2021 ERISA Litigation Update
Client Alert - January 13, 2022 | Supreme Court Stays OSHA Vaccine-Or-Testing Mandate
Article - January 12, 2022 | The Impact of Agency Commissioners’ Dissents
Client Alert - November 18, 2021 | Infrastructure Bill’s New Reporting Requirements May Have Sweeping Implications for Cryptocurrency Ecosystem
Firm News - November 15, 2021 | Fourteen Gibson Dunn Partners Named Top Employment Lawyers
Client Alert - November 5, 2021 | OSHA Issues Vaccination and Testing Emergency Temporary Standard for Larger Employers
Client Alert - October 26, 2021 | EEOC Expands Guidance on Religious Exemptions to Vaccine Mandates Under Title VII
Client Alert - September 26, 2021 | White House Task Force Announces New COVID Safety Protocols for Federal Contractors
Client Alert - September 10, 2021 | President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow
Client Alert - July 29, 2021 | Department of Labor Initiates Rulemaking to Raise the Minimum Wage to $15 per Hour for Federal Contractors
Client Alert - July 9, 2021 | President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements
Firm News - May 20, 2021 | Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Firm News - July 11, 2019 | Gibson Dunn Ranked in 2019 U.S. Legal 500
Firm News - April 2, 2019 | Six Gibson Dunn Partners Named Top Employment Lawyers
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 3, 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
Webcasts - 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
Webcasts - 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
Article - 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
Article - 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
Article - 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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