Ann H. Qushair, Esq.

Of Counsel

310.276.5297 ext. 202

Ann Qushair has more than 17 years of experience working for boutique and national firms representing management in employment litigation and counseling matters. Her litigation practice has included the defense of single and multi-plaintiff cases, as well as class actions. She has handled a wide array of employment law issues and has represented private employers in a variety of industries, including hospitality, personal service, transportation, health care, and communications.

Ann brings particular expertise in appellate practice before the California Courts of Appeal, the California Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit. She is working toward her State Bar of California certification as a civil appellate specialist. She passed the October 2013 specialization exam and is in the process of completing her other requirements.

Ann is very active in the professional appellate Bar. She serves on the Executive Committee of the Los Angeles County Bar Association’s Appellate Courts Section. She also serves as the Southern California Chair and as an Executive Board Member of the American Bar Association’s Council of Appellate Lawyers – the only appellate bench/bar organization in the country.

A native Southern Californian, Ann graduated cum laude from the University of California, Irvine, with Bachelors of Arts degrees in both Political Science and French, and she earned her Juris Doctorate from Cornell Law School. As a law student, she was a successful Moot Court competitor, and she served on the Moot Court Executive Board and the Editorial Board of the Cornell Journal of Law & Public Policy. She also worked as a summer extern for the late David G. Sills, former Presiding Justice of the California Court of Appeal, Fourth District, Division Three, in Santa Ana, California.

Ann has been a member of the State of California Bar since 1995. She is also admitted to practice before the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit.

Highlights of Ann’s employment appeals representing employers include the following:
• Obtained affirmance of order denying class certification in wage and hour class action lawsuit. (In re: Walgreen Company Overtime Cases, B230191 (Oct. 23, 2014))
• Obtained affirmance of defense judgment following jury trial in single-plaintiff employment action under the Public Safety Officers Procedural Bill of Rights. (Abney v. Board of Trustees of the California State University, 2013 WL 2241922)
• Obtained reversal of order denying motion to compel arbitration in wage and hour class action lawsuit. (Lawler v. 24 Hour Fitness, 2011 WL 6062027)
• Obtained affirmance of defense judgment dismissing employee’s state law action on federal preemption grounds. (Carr v. Allied Waste Systems, 10-15092 (9th Cir. 2011))
• Won two consecutive appeals and every trial court motion filed over six-year period in anti-SLAPP case, and obtained rare order from Court of Appeal declaring plaintiffs / appellants vexatious litigants. (Yang v. Buch, 2008 WL 163015, 2010 WL 317892)
• Obtained reversal by California Supreme Court of published decision denying writ relief on attorney-client privilege issue in wage and hour class action lawsuit. (Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725)

Also, most recently, in the rare context of representing employee plaintiffs, Ann obtained reversal of judgments of dismissal in three related summary judgment appeals, involving wrongful termination and failure to accommodate claims. (Avedian v. Progressive Casualty Co., B244193 (March 2, 2015); McGuinness / Diaz v. Progressive Casualty Co., B245747 (March 2, 2015))

APPELLATE PUBLICATIONS / PROGRAMS

ARTICLES

Qushair, Ann H., “The Business of Appeals: Cost-Effective and Creative Strategies for Today’s Marketplace,” Appellate Issues, ABA’s Council of Appellate Lawyers (Winter 2015)

LEAD ORGANIZER, COUNCIL OF APPELLATE LAWYERS PROGRAMS AT AJEI SUMMITS

“Breakfast Roundtables” (2015 [upcoming])

“The Business of Appeals: Cost-Effective and Creative Strategies for Competing in Today’s
Legal Marketplace” (2014)

“Breakfast Roundtables” (2013)

“What Would You Do? A Roundtable on Appellate Ethics” (2012)

“Building an Appellate Practice in the 21st Century” (2011)

LEAD ORGANIZER, LACBA’s APPELLATE COURTS SECTION PROGRAMS

“Becoming A Certified Appellate Specialist: Everything You Need To Know” (2013, 2015[upcoming])

LABOR & EMPLOYMENT PUBLICATIONS / PRESENTATIONS

ARTICLES / BOOK CONTRIBUTION

Contributed new employment law chapter to Petillon, Lee and Hull, Robert Joe,
Representing Start-Up Companies (West Group 2001)

Freudenberger, Timothy M. and Qushair, Ann H., “Ahead of the Class.”
The Los Angeles Daily Journal (An Employment Law Update) (Apr. 16, 1998)

Carlton, Christopher W. and Qushair, Ann H., “When Is an Employee ‘Disabled?’
A Critical Question.” The California Labor Letter (Nov. 1997)

Freudenberger, Timothy M. and Qushair, Ann H., “Legal Aspects of Workplace Violence.”
The Complete Workplace Violence Manual. Workplace Violence Research Institute (1997)

DiSante, Marie D., and Qushair, Ann H., “Separation Anxiety? A Separation Agreement May Be The Cure” The California Labor Letter (Dec. 1996)

SEMINAR MATERIALS / PRESENTATIONS

“Basic Wage & Hour Law”
(National Business Institute Seminar On Wage & Hour Law – Feb. 1998)

“Legal and Practical Issues Relating to Internal Investigations”
(ASET Seminar on Workplace Investigations, Nov. 1997)

“Individual Liability of Supervisors, Managers, and Human Resource Professionals” (California Labor Letter Annual Employment Law Update, Feb. 1997)