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DENISE E. GIRAUDO

Partner
 * Washington, DC
   T +1.202.747.1906
   F +1.202.747.3933
 * San Francisco
   T +1.202.747.1906
   F +1.415.434.3947

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OverviewExperienceHonorsInsightsMembershipsDigital Media


OVERVIEW

Denise Giraudo is a partner and Practice Group Leader of the firm’s Labor and
Employment Practice Group. Prior to this role, Denise served as the Office
Managing Partner of the firm's Washington, D.C. office and Co-Chair of the
firm's Women Lawyers Group.

Areas of Practice

Denise counsels and represents management in a wide range of labor and
employment litigation matters. She regularly and successfully represents
employers before state and federal courts as well as various local and federal
administrative agencies. Her extensive litigation practice includes representing
employers in connection with discrimination and retaliation claims under all
applicable local, state and federal statutes, disability accommodation claims,
wage and hour claims, whistleblowing claims under the Sarbanes-Oxley Act and the
False Claims Act, unfair labor practice charges and grievance arbitrations.
Denise’s litigation practice includes single-plaintiff cases as well as class
and collective actions.

In addition to her litigation experience, Denise regularly counsels clients
regarding the preparation and application of personnel policies and provides
advice to clients regarding reductions-in-force, discipline, terminations and
employee accommodations and leaves of absences. She has routinely handled
internal investigations and counseled employers regarding the strategic response
to allegations of discrimination.   

Denise’s practice also includes the representation of employers on matters of
workplace safety and health. As part of her workplace safety practice, Denise
provides guidance on federal and state OSHA compliance, challenging citations
and litigating OSHA related matters before federal and state agencies and
courts.


EXPERIENCE


EXPERIENCE

Representative Matters

Denise represents clients in industries and occupations such as defense
contracting, retail and healthcare. Her recent work on behalf of clients and
published decisions includes the following: 

 * Chonte Long v. Motion Picture Association of America (D.D.C. Sept. 16, 2024):
   Won a complete defense verdict following a five-day jury trial in a case
   where plaintiff alleged employment discrimination and retaliation under Title
   VII and the District of Columbia Human Rights Act.

 * Successfully defended against Motion for Temporary Restraining Order in the
   U.S. District Court for the Northern District of Florida filed against large
   nationwide healthcare provider attacking their DEI program.

 * Select Interior Concepts Inc et al. v. Pental (N.D. Tex. August 6, 2024):
   Obtained summary judgment for Architectural Surfaces Group against claims of
   breach of contract and retaliation in violation of the Sarbanes Oxley Act. 

 * Secured Temporary Restraining Order and Preliminary Injunction in the U.S.
   District Court for the Eastern District of Virginia on behalf of investment
   firm against former employees based on breach of fiduciary duties and
   misappropriation of trade secrets.

 * Arbitration award for client, a national retailer, following four-day
   arbitration hearing in Baltimore, Maryland, where former management employee
   alleged termination was a result of national origin discrimination.
 * Full defense verdict in an ADA discrimination/failure to accommodate case
   after a five-day jury trial in the U.S. District Court for the District of
   Maryland for one of world’s largest aeronautics company.

 * Brandon Williamson v. Bon Secours Richmond Health System, Inc., 34 F.Supp.3d
   607, (E.D.Va. July 28, 2014): Decision granting motion for summary judgment
   on all of plaintiff’s claims under the Americans with Disabilities Act and
   the Uniformed Services Employment and Reemployment Rights Act (USERRA).

 * Obtained decision in favor of leading sprinkler and alarm company before
   Department of Labor Administrative Law Judge, where former employee had
   alleged that his termination violated the anti-retaliation provisions of the
   Sarbanes-Oxley Act.

 * Obtained decision in the U.S. District Court for the District of Columbia
   granting motion to dismiss in favor of international security company
   dismissing case with prejudice where plaintiff brought claims for wrongful
   termination and discrimination in violation of the District of Columbia Human
   Rights Act.

 * Obtained decision dismissing plaintiff’s complaint in the U.S. District Court
   for the District of Columbia against staffing agency where plaintiff alleged
   violation of Title VII and the District of Columbia Human Rights Act.

 * Obtained decision in favor of international security company in labor
   arbitration where former employee alleged termination was without just cause.


HONORS


HONORS

Top Read Article Award for “Executive Order 14042: Survival Guide for Federal
Contractors (An Analysis of What We Know, What We Think, and What We Don’t Know
About President Biden’s COVID-19 Executive Order for Federal Contractor," 2022

Recommended Lawyer - Labor and Employment, Legal 500, 2019

Washington, D.C. Super Lawyers, Super Lawyers, 2018-2024

Rising Star, Washington, D.C. Super Lawyers, Super Lawyers, 2014 - 2017


INSIGHTS


ARTICLES

 * Employer Tips As EEOC Urges Return To Low Retaliation Bar
   Law360, 02.09.2023
 * OSHA Emergency Temporary Standard Survival Guide
   12.22.2021
 * Executive Order 14042: Survival Guide for Federal Contractors
   10.06.2021
 * Legal Corner: What You Need to Know About the President's September 22
   “Divisive Ideology” Executive Order
   The Coalition for Government Procurement, 11.06.2020

Labor and Employment Law Blog Posts

 * "What Employers Need to Know in a Post-Dobbs Landscape," August 3, 2022
 * "Ban the Box: Federal Government Adopts Fair Hiring Practice," January 25,
   2022
 * "OSHA Emergency Temporary Standard Survival Guide," December 22, 2021

 * "Challenged – OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for
   Employers Halted," November 22, 2021
 * "It’s Here: OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for
   Employers," November 4, 2021
 * "The CARES Act: What Employers Need to Know About Its Impact on the Families
   First Coronavirus Response Act," March 30, 2020
 * "What Employers Need to Know About the Newly-Enacted Families First
   Coronavirus Act," March 19, 2020
 * "What Employers Need to Know About H.R. 6201: The Families First Coronavirus
   Response Act," March 16, 2020
 * "A Halt to Minimum Wage for Tipped Workers," October 5, 2018 
 * "Minimum Wage Inches Closer to Reality for Tipped Workers in the District of
   Columbia," June 27, 2018 
 * "Department of Labor Offers Employers Clarity By Resuming Its Practice of
   Issuing Opinion Letters," April 25, 2018 
 * "D.C. Voters Will Decide Whether to Eliminate Tipped Restaurant Wages," March
   21, 2018

Healthcare Law Blog

 * "Reopening Challenges: FAQs On Preparing For Additional Waves Of
   COVID-19," July 23, 2020
 * "COVID-19 Employment Guidelines and FAQ", March 18, 2020

Global Trade Law Blog

 * "Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination
   Laws When Recruiting and Hiring Foreign Nationals," April 8, 2020

Government Contracts & Investigations Blog

 * "Supreme Court Enjoins OSHA Emergency Temporary Standard; Keeps CMS Rule
   Alive," January 18, 2022
 * "Executive Order 14042 Survival Guide," October 11, 2021


MEDIA MENTIONS

 * Sheppard Mullin Wins Injunction for Financial Services Firm in Dispute Over
   ‘Raiding Exemption’ Under Broker Recruiting Protocols
   ALM, 07.25.2024
 * Mass Shootings—Many in the Workplace—Are on the Rise
   SHRM, 06.05.2023
 * EEOC's 2022 Amicus Briefs Focused On Retaliation Standards
   Law360, 12.12.2022
 * Why HR leaders should document everything before firing someone
   HR Brew, 08.23.2022
 * The tension rises at Ford
   Automotive News.com, 10.15.2018
 * When Should Employers Tell Employees That Layoffs Are Looming?
   Society for Human Resource Management, 04.19.2018
 * Sheppard Mullin adds Ex-Ogletree Deakins Employment Atty
   Law360, 03.12.2018

View MoreView Less


EVENTS

 * Association of Corporate Counsel NCR Non-Compete Updates
   09.21.2022
   
 * WHLC Dobbs Series Part 3
   Issues Employers Must Face – the Far-Reaching Effects of Dobbs, Webinar,
   08.09.2022
   
 * Health Equity and ACA Section 1557: The Future of Nondiscrimination in
   Healthcare
   Webinar, 02.10.2022
   
 * Employment Changes in the World of COVID-19
   Clear Law Institute Webinar, 07.01.2020
   
 * Getting Back to Business Webinar Series (Part 1)
   Planning and Best Practices for Employers in a Changed Workplace, Webinar,
   05.21.2020
   
 * Preparing for a Post-COVID World - What Retailers Need to Get in Place Now
   Webinar, 04.23.2020
   
 * Part Two of the Federal Contractor's COVID-19 Survival Guide
   04.02.2020
   

View MoreView Less


MEMBERSHIPS


MEMBERSHIPS

Member, Labor and Employment Section, American Bar Association


DIGITAL MEDIA


DIGITAL MEDIA

 * WHLC Dobbs Series, Part 3: Issues Employers Must Face – the Far-Reaching
   Effects of Dobbs.
   
   More Info ›
 * Getting Back to Business Webinar Series: Session One
   
   More Info ›
 * Preparing for a Post-COVID World: What Retailers Need to Get in Place Now
   
   More Info ›
 * Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World
   with Kelly Hensley, Denise Giraudo, and Greg Berk
   
   More Info ›


PRACTICES

 * Labor and Employment
   * Labor and Employment Counseling
     * Employee Hiring/Discipline/Termination
     * Employment Agreements
     * Handbooks and Personnel Policies
     * Harassment Investigation and Training
     * Health and Safety Regulations/OSHA
     * Wage and Hour Regulations
     * Workplace Violence
   * Labor and Employment Litigation
     * Discrimination, Harassment, and Retaliation
     * Wage and Hour Class Actions
     * Wrongful Termination
   * Labor Union Management Relations


INDUSTRIES

 * Aerospace, Defense & Government Services
 * Entertainment, Technology and Advertising
 * Healthcare
 * Hospitality
 * Retail, Fashion & Beauty


EDUCATION

J.D., Catholic University, Columbus School of Law, 2007

B.A., Georgetown University, 2004


CLERKSHIPS

 * Law Clerk to the Honorable Robert R. Rigsby of the Superior Court for the
   District of Columbia


ADMISSIONS

 * California
 * District of Columbia
 * U.S. District Court for the District of Columbia
 * U.S. District Court for the District of Maryland
 * U.S. Court of Appeals for the Fourth Circuit
 * U.S. Court of Appeals for the Seventh Circuit

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