Holly Sutton guides businesses, compensation committees, and boards in effectively managing the critical employment matters they face, with an eye toward both practical solutions and risk management. In this role, she frequently advises on policies or measures at the planning stage—proactive involvement in employment issues is almost always preferable to devising responses ex post facto. Holly is the chair of Farella's Employment Practice.
Holly counsels clients on the design and implementation of employment-related policies and practices to minimize the risk of employment litigation, and ensure compliance with applicable law. Specific areas in which Holly advises her clients include, but aren’t limited to, personnel policies, wage and hour laws, EEO compliance, hiring and termination practices, harassment and discrimination investigations, non-competition clauses, conflict of interest, and trade secret matters. She has worked with clients in a range of industries, including media, insurance, wine, agriculture, technology, retail, banking, construction, manufacturing, cannabis, and professional services.
By developing innovative strategies that are grounded in an in-depth knowledge of employment law, yet carefully tailored to each client’s individual circumstances, Holly helps her clients navigate particularly high-risk scenarios and challenging situations, including reductions in force, realignment of workforces, mergers, acquisitions, and divestitures.
Holly provides carefully tailored advice, focusing on the specific and unique facts of each situation, and partners with her clients to develop strategies that best protect against claims and related disruptions, while working within the realities of day-to-day operation. A theoretically flawless solution that is unworkable is of no value—Holly provides approaches that work in the real business world in which her clients work.
In addition to employment-related counseling, Holly also defends clients in wrongful termination and employment discrimination actions, including claims for race, age, sex, disability, and pregnancy discrimination. She has advocated in state and federal courts as well as various administrative forums, including single plaintiff, multi-plaintiff, and class action matters.
She has also effectively litigated cases involving trade secrets, accommodation, and employee solicitation issues. She has extensive experience in all facets of contractual arbitration, and has defended government investigations, resulting in dismissal of claims.
An essential part of her role as a trusted advisor on employment matters is ensuring that her clients are kept abreast of the latest developments in employment law— an ever-changing field. She’s a frequent speaker, author, panelist, and media source, and in addition to advising on the current state of the law, frequently counsels on upcoming changes and trends that will affect her client’s business, strategy and workforce. For example, the gig economy freelancing and contract employees present unique employment challenges. By staying ahead of trends in business, Holly helps her clients compete and succeed as well.
- Labor & Employment Star – West, Benchmark Litigation (2019)