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James C. Fessenden

Partner


San Diego/Irvine

t:858.597.9600/949.851.2424

f:858.597.9601/949.851.0152

Email

Service Focus

  • Affirmative Action and Federal Contract Compliance
  • Consumer Privacy Team
  • Employment Discrimination and Harassment
  • Government Relations
  • Litigation and Trials
  • Mergers and Acquisitions
  • Reductions in Force (RIFs)
  • Wage and Hour

Industry Focus

  • Automotive Dealership
  • Gig Economy
  • Hospitality
  • Life Sciences
  • Supply Chain
  • Transportation and Supply Chain
  • Trucking

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Overview
Recent Experience
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Credentials
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Affiliations

Overview

Jim Fessenden is a partner in the firm’s San Diego and Irvine offices. Jim represents employers in all aspects of employment law with a particular focus on employment litigation. His successes in employment litigation are numerous and well-documented. Examples include:

  • Complete defense award in arbitration on behalf of Fortune 500 company against claimant alleging national origin discrimination and breach of contract; claimant’s last settlement demand before arbitration was $680,000;

  • Complete summary judgment on behalf of international amusement park company in national origin and ancestry discrimination case;
  • Complete summary judgment on behalf of life sciences staffing company in religious discrimination case;
  • Complete defense award on employee’s misclassification claims on behalf of national energy services company;
  • Complete dismissal of class action claims brought against luxury automotive dealership;
  • Zero-dollar walk-away settlement in racial discrimination case days before hearing on motion for summary judgment;
  • Dismissal of all class claims in complex wage and hour case on behalf of international Fortune 200 company;
  • Denial on plaintiff’s motion for class certification in meal and rest break class action;
  • Complete defense verdict on behalf of technology company in jury trial for pregnancy and gender discrimination;
  • Complete defense award on behalf of international restaurant chain in arbitration against manager alleging misclassification and overtime claims;
  • Dismissal of class action fraud claims brought against international logistics company;
  • Dismissal of all class claims brought by a transportation driver; and
  • Summary judgment on behalf of restaurant chain in disability discrimination case.

Jim also has unique experience in representing clients against governmental investigations and charges. He has successfully represented clients in investigations led by 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. Jim represented a Fortune 200 company in a multi-day hearing on whistleblower claims, resulting in a complete defense award. Jim also led the defense of an international logistics company in a two-year investigation led by the United States Office of Federal Contract Compliance Programs, which threatened its business relationship with the federal government. The company was completely exonerated, which preserved its ability to continue its business with the federal government.

Jim has substantial experience representing clients in unique employment relationships, particularly against allegations of joint employment, and co-employment. He regularly represents staffing companies, PEOs, and large companies with complex business models.

Jim’s successful litigation practice also makes him a go-to resource for the firm’s clients seeking preventative advice. 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.

Jim has been included in San Diego Super Lawyers - Rising Stars in 2015, 2016, 2017, 2018 and 2019.

Recent Experience

Experience

  • Complete defense award in arbitration on behalf of Fortune 500 company against claimant alleging national origin discrimination and breach of contract; claimant’s final settlement demand before arbitration was $680,000.
  • Complete summary judgment on behalf of international amusement park company in national origin and ancestry discrimination case;
  • Complete summary judgment on behalf of life sciences staffing company in religious discrimination case;
  • Complete defense award on employee’s misclassification claims on behalf of national energy services company;
  • Complete dismissal of class action claims brought against luxury automotive dealership;
  • Zero-dollar walk-away settlement in racial discrimination case days before hearing on motion for summary judgment.
  • Dismissal of all class claims in complex wage and hour case on behalf of international Fortune 200 company;
  • Denial on plaintiff’s motion for class certification in meal and rest break class action;
  • Complete defense verdict on behalf of technology company in jury trial for pregnancy and gender discrimination;
  • Complete defense award on behalf of international restaurant chain in arbitration against manager alleging misclassification and overtime claims;
  • Dismissal of class action fraud claims brought against international logistics company;
  • Dismissal of all class claims brought by a transportation driver; and
  • Summary judgment on behalf of restaurant chain in disability discrimination case.

Insights

  • Event

    10/19/23

    Complaints in California Part Two: Your Questions, Our Answers!

    James C. Fessenden

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  • Event

    10/04/23

    Money Matters: Litigation Land Mines

    Kathleen McLeod Caminiti, James C. Fessenden

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  • Event

    09/28/23

    Complaints in California: How to Handle an Employee Complaint & Internal Investigation

    James C. Fessenden

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  • Event

    06/22/23

    Hiring & Handling Workers in the Gig Economy

    James C. Fessenden

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  • Event

    05/25/23

    Employee Leaves & Accommodations: The Fundamentals and Common Pitfalls

    James C. Fessenden

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  • Event

    04/20/23

    It’s 4/20 Somewhere! New Protections on Cannabis Use in California & What Employers Need to Know

    James C. Fessenden

    Read more 

  • Insights

    03/31/23

    Top Workplace Law Stories You May Have Missed from March 2023

    William E. Altman, Christopher Alvarez, Nicholas G. Anhold, Christina Anton, Cheryl L. Behymer, Steven M. Bernstein, Sheldon J. Blumling, Ted Boehm, Suzanne K. Bogdan, Kathleen McLeod Caminiti, Melissa (Osipoff) Camire, Jennifer B. Carroll, Patrick J. Collopy, Benjamin M. Ebbink, Scott Fanning, James C. Fessenden, Jeffrey A. Fritz, Stephen R. Gee, Jason A. Geller, Leora Ghadoushi, Darcey M. Groden, Linda J. Gulledge, Rebecca Hause-Schultz, Marty Heller, Usama Kahf, Courtney Leyes, Emily N. Litzinger, Todd B. Logsdon, Todd A. Lyon, Steve A. Miller, Danielle Hultenius Moore, Brett P. Owens, John M. Polson, Abby Harrington Putzulu, Alden J. Parker, Kristin L. Smith, Michele Solari, J. Hagood Tighe, A. Kevin Troutman, Danielle S. Urban, Travis Vance, Spencer W. Waldron, Alexander A. Wheatley, Kristin R.B. White, Sheila M. Willis

    Read more 

  • Event

    03/23/23

    Should We Be More Progressive About Progressive Discipline?

    James C. Fessenden

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  • Insights

    03/13/23

    Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

    Christopher Alvarez, Sheldon J. Blumling, Kathleen McLeod Caminiti, Benjamin M. Ebbink, James C. Fessenden, Jeffrey A. Fritz, Jason A. Geller, Darcey M. Groden, Linda J. Gulledge, Danielle Hultenius Moore, John M. Polson, J. Hagood Tighe, Danielle S. Urban, Spencer W. Waldron

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  • Event

    10/20/22

    California in 2023: What's New to Come?

    James C. Fessenden

    Read more 

View All 

Credentials

Education

  • J.D., 2005, University of San Diego School of Law
  • B.S., 2002, cum laude, Villanova University

Bar Admissions

  • California

Court Admissions

  • California Courts of Appeal
  • California Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Recognitions

  • Included in San Diego Super Lawyers - Rising Stars, since 2016

Affiliations

Professional Activities

  • Member, San Diego Bar Association

Community Activities

  • Member, Biocom California

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