Paul Cane is a partner in the Employment Law
practice of Paul Hastings and is
based in the firm’s San Francisco office. Mr.
Cane represents management in
employment matters. His principal
focus is major motions and appeals.
and won a unanimous decision in the U.S. Supreme Court for Sprint Nextel
Corporation. (Sprint/United Management Co. v. Mendelsohn (2008).) The Supreme
Court then reversed a Tenth Circuit decision that had held that trial courts
must admit so-called “me, too” evidence: witnesses who would testify that they
believe that they, too, were discriminated against by the defendant, but who
lack a close factual nexus to the plaintiff and plaintiff’s decisionmaker.
(This case was Mr. Cane’s second U.S. Supreme Court victory.
Supreme Court earlier granted review, and then ruled in favor of his client, in
a disability-discrimination case, Raytheon Co. v. Hernandez (2003).) In Sprint,
on remand from the Supreme Court, the Tenth Circuit in 2010 unanimously
reinstated a jury verdict in Sprint’s favor.
a new trial for Lucasfilm Ltd. in a pregnancy discrimination case, and in the
process established the rule that defendants are entitled to a special instruction
admonishing the jury not to second-guess the employer’s business judgment.
(Veronese v. Lucasfilm Ltd. (2012).)
the California Court of Appeal to overturn a $12.9 million verdict initially
awarded against a Sun Microsystems subsidiary, in a case tried by another firm.
The plaintiff, a commissioned technology salesman, claimed he was owed back
wages and had been wrongfully terminated in retaliation for complaining about
the issue. The appellate court granted judgment as a matter of law to the
defendant, and the plaintiff paid $110,000 in fees and costs to the defendant.
(Marx v. Storage Technology Corp. (2006)).
a post-trial verdict reduction, from $18.4 million to $2.4 million, for Safeway,
Inc., in another case tried by another firm. Plaintiff was a grocery clerk who
claimed harassment and retaliation. (Stevens v. Safeway, Inc. (2007)).
and/or briefed many well-known precedents in the California state courts
(including the California Supreme Court) and federal courts of appeals around
the country, including Guz v. Bechtel National, Inc., Turner v. Anheuser-Busch,
Inc., Harris v. City of Santa Monica, Chavez v. City of Los Angeles, Hernandez
v. Hillsides, Inc., Rochlis v. Walt Disney Co., Foley v. Interactive Data
Corp., Armendariz v. Foundation Health Psychcare Services, Inc., Cotran v.
Rollins Hudig Hall International, Inc., Richards v. CH2M Hill, Inc., Department
of Health Services v. Superior Court, Green v. State of California, King v.
United Parcel Service, Inc., and Dotson v. Amgen Inc.
Accolades and Recognitions
as “California Lawyer of the Year” for Labor and Employment (California Lawyer
magazine, March 2014)
as “an exceptional thinker and superior communicator” and “bright and
pragmatic” by Chambers USA, which named Paul Hastings as its sole top-tier employment
firm in California
a place on the list of lawyers featured in the “Labour & Employment” chapter
of The International Who’s Who of Business Lawyers
in Best Lawyers in America
for more than 20 years
Speaking Engagements and
of An Employer’s Guide to the Americans With Disabilities Act
of Lindemann & Grossman’s Employment Discrimination Law
(3d ed.), the American Bar
of the California
Law Review, 1979
Boalt Hall School of Law at the University
of California at Berkeley, 1979
Dartmouth College, summa cum laude, 1976
Paul W. Cane, Jr.
Hastings, Janofsky, & Walker, LLP
55 Second Street, Suite 2400
San Francisco, CA 94105