California's Burden Shifting Framework in Whistleblower Retaliation Cases

Before opening her own firm in 2019, Ms. Nugent was a partner at Dickson Geesman LLP in Oakland, California, where she successfully tried employment cases in state and federal courts and in arbitration. Ms. Nugent represents employees exclusively, as she has throughout her career. Before becoming a lawyer, Ms. Nugent worked for a wide variety of non-profit organizations: providing legal services to clients with HIV/AIDS at the Whitman Walker Clinic in Washington, DC; representing low-income clients at Legal Services of Northern Virginia; working on military law and GI Rights issues at the Central Committee for Conscientious Objectors; and managing the US office of Peace Brigades International. She also served as Senior Research Associate for the Public International Law & Policy Group where she managed the
Montenegro and Cyprus projects. From 2005-2007, she provided legal assistance to Montenegro on referenda and state succession issues and to Turkish Cypriots on electoral rights and earned sovereignty.

Accomplished senior executive and in-house counsel at a major media company. Highly skilled in employment litigation and counseling, labor law, and related training.

Represents management in a variety of labor and employment matters, including sexual harassment and other forms of employment discrimination, wage and hour, public policy violations, wrongful termination, and retaliation. Represents employers in state and federal court and before state and federal administrative agencies (e.g., DOL and California DFEH). Conducts training and provides counselling and advice to employers regarding compliance with state and federal law, personnel policies and manuals, employment agreements and other personnel decisions.

With over 25 years of legal and leadership experience, I bring expertise in employment law, workforce dynamics and negotiations to conflict resolution. I’m passionate about facilitating open and productive dialogue and believe that collaboration can lead to transformative solutions. My strengths lie in actively listening, identifying common ground, and working tirelessly to find innovative solutions. As a mediator, I am committed to ensuring an efficient process and compassionate approach to dispute resolution.

Previously, as Senior Vice President, in-house counsel for Fox’s film, television, sports and interactive media companies, I managed labor and employment disputes company-wide, including nationwide class actions, single and multi-plaintiff employment cases and administrative claims. I negotiated senior executive employment contracts, settlement agreements, severance programs and other high-stakes deals.

Building on my legal expertise, as Senior Vice President of Diversity, Equity & Inclusion at Warner Media (now WBD), I led a team that designed and implemented initiatives that were instrumental in achieving the most diverse and inclusive workforce and productions in the company’s history.

My journey from in-house litigator to mediator has been guided by a passion for understanding and connecting with people, and fostering enduring resolutions to the most vexing and entrenched employment disputes.