O’Melveny Worldwide

Ryan Rutledge advises and crafts strategic arguments on behalf of employers.  His practice includes counselling regarding personnel issues; drafting employment and separation agreements; consulting regarding the employment aspects of mergers and acquisitions; and the mediation, arbitration, and litigation of disputes.  Much of Ryan’s work is adversarial in nature, but he is seldom staffed on cases on an ongoing basis.  That gives Ryan the freedom to participate in the most critical aspects of a much larger number of client matters.  While Ryan generally focuses on employment disputes, his employer clients also seek his assistance in briefing significant matters that have little or no employment-law aspects.

Class Actions

  • In a putative class action asserting wage and hour claims, Ryan and a junior associate working under his direction drafted a motion for to compel arbitration and appellate briefing on behalf of DIRECTV, which resulted in an order compelling the plaintiff’s claims to individual arbitration. See Marenco v. DIRECTV, LLC, 233 Cal. App. 4th 1409 (2015).
  • In a certified class and collective action involving tens of thousands of H&R Block tax preparers seeking pay for time spent in training, Ryan drafted a summary judgment motion and appellate briefing on behalf of H&R Block, which resulted in a complete defense judgment.  See Petroski v. H&R Block Enterprises, LLC, 750 F.3d 976 (8th Cir. 2014).
  • In a putative class action involving thousands of real estate agents alleging misclassification as independent contractors, Ryan drafted trial and appellate court briefing on behalf of Coldwell Banker, which resulted in orders giving effect to the agents’ individual arbitration agreements and prevented their participation in the class action.  See Bararsani v. Coldwell Banker, 2014 CA App. Ct. Briefs 56331, 2014 CA App. Ct. Briefs LEXIS 2180; unpublished order issued June 2, 2014.
  • In a putative class action brought by former employees seeking severance pay, Ryan drafted a summary judgment motion and appellate briefing on behalf of Option One, which resulted in a complete defense judgment.  See Drake v. Option One Mortgage Corp., 564 Fed. Appx. 291, 2014 U.S. App. LEXIS 5059 (9th Cir. Mar. 5, 2014).
  • In a putative class action alleging fraud and unfair practices, Ryan and a junior associate working under his direction drafted a motion for judgment on the pleadings and appellate briefing on behalf of Bank of America, which resulted in a complete defense judgment.  See Robinson v. Bank of America, 525 Fed. Appx. 580, 2013 U.S. App. LEXIS 10322 (9th Cir. May 22, 2013).

Employee Mobility

  • In an action against a group of former employees, Ryan drafted the preliminary injunction motion and appellate briefing on behalf of Broadcom, which resulted in an order restraining the defendants from violating their non-competition obligations and freezing their assets.  See Broadcom Corp. v. Magicomm, Inc., 127 Fed. Appx. 991, 2005 U.S. App. LEXIS 8523 (9th Cir. May 11, 2005).
  • In a trade secret action alleging misappropriation of customer list information, Ryan drafted briefing on behalf of Extreme Reach that resulted in a temporary restraining order and preliminary injunction against its former employees and their new employer.  See Extreme Reach, Inc. v. SpotGenie Partners, LLC, Case No. CV 13-07563-DMB (JCGx) (C.D. Cal. Nov. 22, 2013).
  • In a high-profile dispute between the creators of the “Call of Duty” video game series and its publisher, Ryan provided employment-law advice to the litigation team representing Jason West and Vince Zampella and drafted significant briefs throughout the action, including summary judgment and pre-trial motions.  See West v. Activision Publishing, Inc., Case No. SC 107041 (Cal. Super. Ct.).

ERISA Litigation

  • In an action under ERISA regarding disability benefits under a collectively-bargained disability plan, Ryan drafted a motion to dismiss and appellate briefing on behalf of the Plan, which resulted in a dismissal on jurisdictional grounds.  See Oakey v. US Airways Pilots Disability Income Plan, 723 F.3d 227 (D.C. Cir. 2013).
  • In an action under ERISA regarding pension benefits, Ryan drafted a motion to dismiss and appellate briefing on behalf of the Plan.  The Plan received not only a complete defense judgment, but an award of attorneys’ fees as well.  See Glassman v. Raytheon Non-Bargaining Retirement Plan, 259 Fed. Appx. 932, 2007 U.S. App. LEXIS 29129 (9th Cir. Oct. 17, 2007).

Contract Disputes

  • In an action seeking damages under a third-party beneficiary theory, Ryan drafted the demurrer and appellate briefing on behalf of Bank of America, which resulted in a complete defense judgment.  RGIS, LLC v. Bank of America, NA, 2011 Cal. App. Unpub. LEXIS 3928 (May 24, 2011).
  • Retained to defend an airline in a breach of aircraft lease dispute after plaintiff obtained summary judgment. On appeal, not only obtained reversal of the summary judgment, but convinced the appellate court to enter summary judgment in favor of the airline and dismiss the case. See Wells Fargo Bank Northwest, N.A. v US Airways, Inc., 100 A.D.3d 1, 950 N.Y.S.2d 50 (1st Dep’t 2012), leave to appeal denied, 2012-1000, 2012 WL 5950414 (N.Y. Ct. App. Nov. 29, 2012). 

First Amendment Issues

  • In an action brought by the NLRB seeking an order requiring the publisher of a newspaper to reinstate reporters it had terminated, Ryan drafted an opposition to an application for an interim injunction and appellate briefing on behalf of Ampersand Publishing.  The District Court denied any relief to the NLRB, and the Court of Appeals affirmed.  See McDermott v. Ampersand Publishing, LLC, 593 F.3d 950 (9th Cir. 2010).
  • In a defamation action brought against the Screen Actors Guild by a former employee, Ryan drafted an anti-SLAPP motion and appellate briefing on behalf of the Guild.  The Courts found in favor of the Guild and awarded it its attorneys’ fees.  See Metoyer v. Screen Actors Guild, 2006 Cal. App. Unpub. LEXIS 4468 (May 23, 2006).

Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court, Central District of California
  • US Court of Appeals, Second, Eighth, and Ninth Circuits

Education

  • University of California at Los Angeles, J.D.
  • University of Pennsylvania, B.A.: magna cum laude

Professional Activities

Author

  • “Are Internship Programs Worth the Risk?” Corporate Counsel, co-authored with Mark Robertson (November 2013)
  • "The Law of the Lawyer -- Considerations for Drafting Social Media Policies," The Practical Lawyer, co-authored with Mark Robertson and Lauren Elkerson (August 2011)
  • "Defusing Workplace Time-Bombs -- Considerations for Drafting Social Media Policies," ALI-ABA, co-authored with Mark Robertson and Lauren Elkerson (June 2011)
  • "'Compensable Time' A Trap for the Unwary Employer," Orange County Business Journal, co-authored with Adam Karr and Jessica Hardy (April 2010)
  • D&O Liability For Wages, WARN Act Violations," Employment Law360, co-authored with Eric Amdursky (February 2009)
  • "Practical Tips for Avoiding SOX Whistle-Blower Liability," American Bar Association, Section of Litigation, Employment & Labor Relations Law Committee, co-authored with Mark Robertson (2009)
  • "Leveling the Playing Field When A Civil Litigant Asserts The Fifth In California State Court," Business Law News, The State Bar of California Issue 2, co-authored with Mark Robertson (2008)
  • "The Trouble with Establishing 'Protected Activity' in a Prima Facie SOX Whistle-blowing Claim," Employment & Labor Relations Law, co-authored with Mark Robertson (Spring 2008)
  • "A Key Decision For SOX Practitioners," Employment Law360 and Securities Law360, co-authored with Mark Robertson (January 29, 2008)