Evan Peña

Crafting persuasive stories and arguments for judges and juries

Evan Peña is a litigator and trial lawyer who represents public and private employers in state and federal courts throughout California, in arbitration, and before administrative agencies. Representing businesses of all sizes and in a variety of industries, from small taquerías to tech juggernauts to educational institutions, he focuses on:

• Employment disputes
• Education sector disputes

Evan works from the premise that each case presents a unique mix of personalities and events that needs to be untangled, then re-told. He works to tell a client’s story in such a way that the listener – judge, jury, or plaintiff – will have no doubt who was in the right. He can also resolve a matter earlier on by raising unique and easy-to-overlook defenses, drafting compelling briefs, and – when appropriate – strategically negotiating settlement. Evan appreciates the unique challenges that each of his clients faces (and the unique opportunities each has in litigation).

• Representing employers in trials and litigation involving the full spectrum of employment claims, ranging from individual whistleblower retaliation claims to large-scale wage and hour claims, including under California’s Private Attorneys General Act (PAGA).
• Representing universities in disputes involving education and employment claims.
• Leading sexual harassment prevention trainings for managers and non-managers that comply with California’s training requirements.
• Delivering wage and hour compliance trainings that help supervisors and leads spot and avoid mistakes that could snowball into a costly class action or PAGA case.

• Defense verdict in a bench trial where a former employee claimed the employer breached a contract regarding training and other forms of career support that were allegedly promised.
• Defense verdict in a bench trial where a former undergraduate student claimed the university failed to accommodate his mental disabilities.
• Obtained summary judgment in an employee disability case, and then successfully defended that decision on appeal, including arguing before a California Court of Appeal.
• Defense verdict in a jury trial where an independent contractor claimed he was improperly classified.
• Unanimous defense verdict in a retaliation jury trial for a California university, including the university’s counterclaim for fraudulent concealment.
• Bench verdict for client in case brought by the former CTO regarding technology he claimed he developed independently of client.
• Pursued claims for theft of trade secrets and breach of employment agreement, including successfully compelling arbitration according to employment agreement/FINRA regulations.