Eugene Scalia

Partner, Gibson, Dunn & Crutcher LLP

Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Executive Committee.  He is Co-Chair of the firm's Labor and Employment Practice Group, Chair of its Administrative Law and Regulatory Practice Group, and a member of the firm's Appellate and Constitutional Law Practice Group.

Mr. Scalia has a national labor and employment practice handling a broad range of matters involving the National Labor Relations Act, ERISA, sexual harassment and the anti-discrimination laws, and the many statutes administered by the Department of Labor.  He previously served as Solicitor of the U.S. Department of Labor, the Department’s principal legal officer with responsibility for all Labor Department litigation, including ERISA, the Family and Medical Leave Act, the minimum wage and overtime provisions of the Fair Labor Standards Act, and the Occupational Safety and Health Act.

In private practice, representative employment matters include:

  • Cumbie v. Woody Woo, Inc.,596 F.3d 577 (9thCir. 2010);Tang v. Wynn Las Vegas, LLC,No. 2:09-CV-01243 (D. Nev. 2010) – Filed influentialamicusbrief in Ninth Circuit tip-pooling case, to rebut brief by Labor Department; Ninth Circuit victory then used to secure dismissal of separate district court collective action case brought on the same legal theory.
  • Colson v. Avnet, Inc.,687 F.Supp.2d 914 (D. Ariz. 2010) – Defeated nationwide FLSA collective action and obtained 12(b)(6) dismissal of state law class claims with no discovery, in case involving sales and marketing representatives.
  • Hohider v. UPS,574 F.3d 169 (3d Cir. 2009) – Vacated largest ADA class ever certified.
  • Julie RoehmandJared Bowenlitigation – Favorable results for retailer in two separate cases widely reported in the national media.
  • Bath Marine Draftsmen’s Assoc. v. NLRB, 475 F.3d 20 (1stCir. 2007) – Tried and successfully appealed to the Board and First Circuit this leading case on labor contract modifications.
  • Scopone v. King Pharmaceuticals, Inc. et al., Civ. No. 2:03-CV-30 (ED TN) – Dismissal of ERISA 401(k) fiduciary breach case on ground that plaintiff lacked standing and was an inappropriate class representation.
  • EEOC v. UPS, 306 F3d 794 (9thCir. 2002); 424 F.3d 1060 (9thCir. 2005) – Trial and two successful appeals in nationwide EEOC challenge under the ADA to a company’s physical qualification requirements for drivers.
  • Representation of companies and audit committees in many Sarbanes-Oxley “whistleblower” matters, including internal investigations and proceedings before the Department of Labor, administrative law judges, and the federal courts.

Mr. Scalia also has handled a range of appellate and regulatory matters, with particular concentration in litigation involving federal administrative rulemaking.  Representative matters include:

  • American Equity Inv. Life Ins. Co. v. SEC, 2010 WL 2757499 (D.C. Cir. July 12, 2010) – Successful challenge to SEC rule regulating fixed indexed annuities.
  • Retail Industry Leaders Ass’n v. Fielder, 475 F.3d 180 (4th Cir. 2007) – Successful ERISA preemption challenge to controversial Maryland law that required increased expenditures on employee health care. 
  • Chamber of Commerce v. SEC, 412 F.3d 133 (D.C. Cir. 2005), andChamber of Commerce v. SEC,443 F.3d 890 (D.C. Cir. 2006) – Two successful challenges to SEC's controversial mutual fund “governance” rule.
  • United StatesTelecom Association, et al. v. F.C.C.227 F.3d 450 (D.C. Cir. 2000) – Successful challenge to Federal Communications Commission regulation regarding telecommunications surveillance by law enforcement authorities.
  • U.S. Chamber of Commerce v. U.S. Dept. Labor, 174 F.3d 206 (D.C. Cir. 1999) – Successful challenge under Administrative Procedure Act to “Cooperative Compliance Program,” one of largest enforcement programs in OSHA's history.

Mr. Scalia is the author of more than twenty articles and papers on labor and employment law, constitutional law, and other subjects.  In 2007 he was named one of the 50 top litigators in the country under age 45 byAmerican Lawyer.  He is listed inWho’s Who in Americaand is identified as a leading labor and employment lawyer inChambers,The Legal 500,The Best Lawyers in America®,PLC’sWhich Lawyer?, and other publications. 

Mr. Scalia graduatedcum laudefrom the University of Chicago Law School, where he was editor-in-chief of theLaw Review.  From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department’s Edmund J. Randolph Award.  He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter to Education Secretary William J. Bennett before attending law school.  He has been a Lecturer in labor and employment law at the University of Chicago Law School. 

  • JD, University of Chicago
  • BA, University of Virginia

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Publications and Multimedia
Costs and Benefits vs. Smoke and Mirrors - Audio/Video
Third Annual Executive Branch Review Conference
June 24, 2015
Business Roundtable v. SEC and the Future of Proxy Access - Podcast
Corporations, Securities, and Antitrust Practice Group Podcast
January 18, 2012
Organized Labor and the Obama Administration - Event Audio/Video
2011 National Lawyers Convention
November 10, 2011
The Employee Free Choice Act
Online Debate
June 01, 2009
A Review of Supreme Court Labor and Employment Cases, 2008 - Event Audio
Labor & Employment Law Practice Group
April 04, 2008
Labor and Employment Law Briefing - Event Audio/Video
Labor and Employment Practice Group
July 17, 2007
Regulatory Double-Dipping - Event Audio
2006 National Lawyers Convention
November 18, 2006