Vivian Y. Shen

She | Her | Hers

Associate

Los Angeles
T +1.310.979.8473
F +1.310.820.8859

Overview

Vivian Shen is an experienced litigator who represents employers in a wide range of employment disputes, from large-scale class and PAGA actions to individual lawsuits involving claims of employment discrimination, harassment, retaliation and wrongful termination. Through proactive, early identification of dispositive issues in litigation and ongoing counsel, Vivian strives to help clients solve problems and avoid others with solutions that meet their expectations and business objectives.

Vivian has experience in all phases of employment litigation and a background in business litigation. She litigates in California and federal courts, arbitration tribunals and administrative forums. Her practice primarily focuses on defending wage and hour class and collective actions.

Select Experience

  • Successfully compelled arbitration of putative class action plaintiff's individual claims, resulting in nominal settlement shortly thereafter.
  • Obtained early dismissal of former employee's defamation claim against employer on a successful anti-SLAPP motion.
  • Defends wage and hour class and PAGA actions involving allegations of unpaid minimum and overtime wages, meal and rest break violations, wage statement violations, reporting time pay and employee misclassification.
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Experience

  • Successfully compelled arbitration of putative class action plaintiff's individual claims, resulting in nominal settlement shortly thereafter.
  • Obtained early dismissal of former employee's defamation claim against employer on a successful anti-SLAPP motion.
  • Defends wage and hour class and PAGA actions involving allegations of unpaid minimum and overtime wages, meal and rest break violations, wage statement violations, reporting time pay and employee misclassification.
  • Conducts internal investigations involving whistleblower allegations and other complaints related to embezzlement, fraud, discrimination and harassment.
  • Manages complex electronic discovery, and counsels clients on practical and legal issues relating to forensic preservation and analysis of electronic devices.
  • Obtained workplace violence restraining orders on behalf of employers on an emergency basis.
  • Drafts and argues motions at all stages of litigation, including demurrers, motions to strike, motions to dismiss, anti-SLAPP motions, motions for summary judgment and/or summary adjudication, as well as various discovery motions.
  • Prepares cases for trial, including drafting motions in limine, jury instructions, witness and exhibit lists, verdict forms and related briefs.
  • Provides advice and counsel to clients regarding recent legal developments, including new employment case law authorities and COVID-19 response measures.

Recognitions and Memberships

Memberships

  • California Lawyers Association, Labor and Employment Section

Services

Prior Positions

  • Los Angeles County District Attorney's Office, Organized Crime Division: Certified Law Clerk (2016 to 2017)

Admissions

  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • California

Education

  • J.D., Cornell Law School, 2016
  • B.A., New York University, 2013, with distinctions

Languages

  • Mandarin