Overview

Jim Fessenden is a partner in the firm’s San Diego office. A large portion of Jim’s practice is focused on ensuring the firm’s clients are able to conduct their business while avoiding the threat of employment litigation. Jim regularly counsels clients through difficult terminations, drafts complex pay and bonus plans for executives, and creates policies designed to protect the firm’s clients.

When clients do find themselves in litigation, Jim has a well-documented track record of successfully representing employers in all aspects of litigation in both state and federal courts, including at the trial and appellate levels. Jim is frequently retained to handle some of the most complex cases, particularly class actions, where his work has resulted in class action claims being dismissed both at the pleading stage and at the certification stage.

Some of Jim’s litigation achievements include the following:

Achieved complete summary judgment on behalf of life sciences staffing company in religious discrimination case;
On behalf of international Fortune 100 company, secured dismissal of all class claims in complex wage and hour case;
Defeated motion for class certification in meal and rest break class action;
Represented technology company in jury trial for pregnancy and gender discrimination, resulting in complete defense verdict;
Represented international restaurant chain in arbitration against manager alleging misclassification and overtime claims, resulting in complete defense award;
Secured dismissal of class action fraud claims brought against international logistics company;
Secured complete dismissal of all class claims brought by a transportation driver; and
Obtained summary judgment on behalf of restaurant chain in disability discrimination case.

Jim also has unique experience and expertise in representing clients against governmental investigations and charges. He has successfully represented clients before the United States Department of Labor, the United States Office of Federal Contract Compliance Programs, the California Division of Labor Standards Enforcement, Cal-OSHA, and the Employment Development Department, among others. For instance, Jim recently represented a Fortune 200 company in a multi-day hearing on whistleblower claims, resulting in a complete defense award.

Jim has been included in San Diego Super Lawyers - Rising Stars for three consecutive years.

Experience

Achieved complete summary judgment on behalf of life sciences staffing company in religious discrimination case;
On behalf of international Fortune 100 company, secured dismissal of all class claims in complex wage and hour case;
Defeated motion for class certification in meal and rest break class action;
Represented technology company in jury trial for pregnancy and gender discrimination, resulting in complete defense verdict;
Represented international restaurant chain in arbitration against manager alleging misclassification and overtime claims, resulting in complete defense award;
Secured dismissal of class action fraud claims brought against international logistics company;
Secured complete dismissal of all class claims brought by a transportation driver; and
Obtained summary judgment on behalf of restaurant chain in disability discrimination case.