Desai Law Firm, P.C.

Our Articles

Our Articles

Legal Articles

Legal articles are important. They provide helpful analysis to fellow practitioners, and, where the law is not clear, frame the issues for scholars and the appellate courts. The Desai Law Firm takes great pride that so many of its articles have been selected for publication by well-respected peer review magazines, legal newspapers and periodicals.

A few are listed here:

  • Are Employer Surveys in Employment Class Actions Subject to Discovery?, Orange County Lawyer Magazine (July 2010) (Download PDF)
  • Pickoff Moves, Los Angeles Lawyer Magazine (Cover Story September 2009) (Download PDF)
  • The Stealth Attack — Pleading Standards, Consumer Attorneys of California, FORM Magazine (Jan./Feb. 2010)
  • Class Confusion, Los Angeles Daily Journal (August 25, 2009)
  • Confirmation Class — Settlement, Los Angeles Lawyer (July – August 2008) (Download PDF)
  • Defendants Bear a Heavy Burden to Prove the Amount in Controversy Under the Class Action Fairness Act of 2005, Orange County Lawyer Magazine, Volume 49, No. 11 (Nov. 2007) (Download PDF)
  • Late to Class – What to do with Untimely “Opt-In” Forms in Collective Class Actions, Orange County Lawyer Magazine, Volume 48, No. 12 (December 2006) (Download PDF)
  • Striking the Answer to Class Actions is Easier Then You Think!, Orange County Lawyer Magazine, Volume 48, No. 6 (June 2006) (Download PDF)
  • A Solution in Search of a Problem — The Class Action Fairness Act of 2005, Texas Business Litigation, Business Torts (Spring 2005)
  • The Class Action Fairness Act, Unintended Consequences, Orange County Lawyer Magazine, Volume 47, No. 7 (July 2005) (Download PDF)
  • Master of the Complaint — The Role of Class Counsel, Orange County Lawyer Magazine, Volume 46, No. 8 (August 2004) (Download PDF)
  • Class Action Arbitration — Commentary, The Federal Lawyer, Volume 51, No. 6 (July 2004).
  • The Nuts & Bolts of Class Counsel’s Motion to Remand — Emerging Issues, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 5, No. 12 (June 25, 2004) (Download PDF)
  • Class Action Arbitration — The Chickens Come Home to Roost, Orange County Lawyer Magazine, Volume 46, No. 3 (March 2004) (Download PDF)
  • “Bassle” Confounds Arbitration Agreements and Class Actions, Los Angeles Daily Journal, (Feb. 20, 2004)
  • FLSA Overtime Class Actions and Liquidated Damages, Orange County Lawyer Magazine, Volume 45, No. 11 (November 2003)
  • Federal Class Action Overtime Cases — Can You Really Get Double Damages?, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 17 (Sept. 12, 2003)
  • The Nine-Month Rule and Punitive Damages for Health Care Professionals, Orange County Lawyer Magazine, Volume 45, No. 8 (August 2003) (Download PDF)
  • Procedural Rule Shouldn’t Bar Meritorious Punitive Claims, Los Angeles Daily Journal, (June 3, 2003)
  • Litigating Federal Class Action Overtime Case — A Primer, Forum Magazine, Volume 33, No. 1 (Jan/Feb. 2003)
  • Attorney Fees in Class Actions: Analysis & Perspective, Wage Hour & Leave Report, Bureau of National Affairs, Inc., Volume 2, No. 1 (Jan. 17, 2003)
  • Employment Class and Collective Actions: Analysis & Perspective, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 1 (Jan. 10, 2003)
  • Legislative Attorneys’ Fees Under the FLSA, The Trump Card, Orange County Lawyer Magazine, Volume 44, No. 11 (November 2002)
  • Fee Shifting in Overtime Wage Statute Trumps Contract’s Attorney’s Fee Clause, Los Angeles Daily Journal, (October 21, 2002) (Download PDF)
  • The Discovery Problem, Orange County Lawyer Magazine, Volume 44, No. 8 (August 2002)
  • Discovery in Overtime Class Actions Often is Prevented Before Certification, Los Angeles Daily Journal, (July 25, 2002)
  • The Discovery Conundrum in Fair Labor Standards Act Collective Actions: Analysis & Perspective, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 03, No. 13 (July 12, 2002) (Download PDF)
  • Revenge of the Wage Slave — Class Action Overtime Cases, Orange County Lawyer Magazine, Volume 43, No. 11 (November 2001)
  • Class Clout, Attorneys Should Not Overlook Federal Overtime Law, Los Angeles Daily Journal (November 8, 2001)
  • Daily Journal
    Let’s not repeat the mistakes of our past
    “The FBI should conduct a proper investigation into Dr. Christine Ford’s recent allegations of attempted rape by Judge Brett Kavanaugh. Here’s where it could start.”
  • Daily Journal
    Immigration order is unconstitutional religious test
    “The executive order signed by President Donald Trump on Friday to restrict immigration from certain Muslim countries violates the due process and equal protection clauses of the U.S. Constitution.”
  • Daily Journal
    Lack of experience is actually quite common
    “Not until President Dwight Eisenhower was in office did an issue arise over appointing only justices with prior judicial experience.”
  • Daily Journal
    Reversal column left out an important fact
    “Lawrence Waddington’s Oct. 22 column failed to mention an important fact: The 9th Circuit is the largest federal circuit – by far.”
  • Daily Journal
    Class Confusion
    “Today, it seems as if ever week a new decision emerges regarding class actions.”
  • Daily Journal
    Attack on Class-Action System Puts Blame on the Innocent
    “Letters to the Editor – Writers offer a withering response to a recent call for reforming California’s class action-action system and some words of praise for one of the legends of ADR.”
  • Daily Journal
    ‘Bazzle’ Confounds Arbitration Agreements and Class Actions
    “The somewhat turbulent relationships between class actions and arbitration agreements jot got more complicated, thanks in large part to the U.S. Supreme Court’s decision in Green Tree Fin. Corp. v. Bazzle, 123 S.Ct. 2402 (2003). The dark secret to defending class actions has centered on corporations’ inserting arbitration agreements in consumer contracts to thwart class actions, by explicitly prohibiting classwide adjudications.”
  • Daily Journal
    Procedural Rule Shouldn’t Bar Meritorious Punitive Claims
    “While most litigators are familiar with the limitations on jury awards for noneconomic damages in medical-malpractice cases, few understand the constraints on punitive damages.”
  • Daily Journal
    Fee-Shifting in Overtime Wage Statute Trumps Contract’s Attorney-Fee Clause
    “Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employment arrangement, the employee must sign an employment contract, which often contains an attorney fee-shifting provision.”
  • Daily Journal
    Discovery in Overtime Class Actions Often Is Prevented Before Certification
    “The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification sounds inconceivable. But that can occur sometimes in a collective class action for unpaid overtime wages under the Fair Labor Standards Act of 1938.”

Work Product

Not Just Talk.

Follow the hyperlinks below to read some real-world examples of how Mr. Desai has approached the practice of law with unique solutions for unique situations.

  • Are pharmaceutical representatives exempt under the outside salesperson exemption of the Fair Labor Standards Act of 1938? (Download PDF of Amicus Brief to U.S. Supreme Court)
  • The opening appellate brief to the Ninth Circuit in Delgado v. Ortho-McNeil, arguing that a nationwide group of pharmaceutical sales representatives were improperly classified as exempt from the overtime regulations of The Fair Labor Standards Act of 1938. (Download PDF)
  • Materials from speaking as a panelist at the 4th Annual Section of Labor and Employment Law Conference on November 5, 2010 in Chicago, IL. Pay-up! – What do FLSA Violations Really Cost? (Download PDF)
  • Amicus Letter to the California Supreme Court to accept review of a decision conflating the equitable doctrine on attorney’s fees with the statutory exception to the American Rule (each side bears their own fees). (Download PDF)
  • Motion for Final Approval of a nationwide class action settlement in Robinson v. MJM Investigations on behalf of field and surveillance investigators who were not properly compensated for all hours worked. (Download PDF)

Speaking Engagements

Mr. Desai is frequently asked to speak and present at legal seminars on a variety of topics. He sits on distinguished panels that often include sitting judges and top lawyers from the defense bar. He, therefore, considers it an honor to provide his perspective from the plaintiff’s point of view.

Some of his speaking engagements are listed:

  • Aashish Y. Desai - Teacher
    NITA National Trial Institute for Trial Advocacy
    Deposition Skills: Orange County
    July 25-27, 2019
    Chapman University - Dale E. Fowler School Of Law
    1 University Dr, Orange, CA 92866, United States
  • Aashish Y. Desai - Speaker
    OCBA 2019 Labor & Employment Law Symposium
    From Intake Through Trial The Mistakes I've Made!!
    June 8, 2019
    Chapman University - Dale E. Fowler School Of Law
    1 University Dr, Orange, CA 92866, United States
  • Aashish Y. Desai - Speaker
    OCBA 2019 Labor & Employment Law Symposium
    The Leading Edge:Key Developing Issues in PAGA Litigation
    June 8, 2019
    Chapman University - Dale E. Fowler School Of Law
    1 University Dr, Orange, CA 92866, United States
  • Aashish Desai – Speaker
    OCBA Litigating Wage & Hour
    Class Actions in 2019 – Panel
    OC Civil Complex, Det. CX101
    February 25, 2019 at 12 pm
  • Aashish Desai – Speaker
    Bridgeport Wage & Hour 2016
    Mid-year Update Webinar
    Webinar
    June 17, 2016 at 10:00 am
  • Aashish Desai – Speaker
    2016 ACI’s 28th Wage & Hour Conference
    Views From The Plaintiff’s Bar
    Park Central Hotel
    San Francisco, CA
    September 26-27, 2016
  • Aashish Desai – Speaker
    2016 ACI’s 28th Wage & Hour Conference
    Views From The Plaintiff’s Bar
    Park Central Hotel
    San Francisco, CA
    September 26-27, 2016
  • Aashish Desai – Speaker
    2015 PLI’s Cutting Edge Employment Law Issues:
    The California Difference
    Litigating PAGA Claims
    PLI California Center
    San Francisco, CA
    September 30, 2015
  • Aashish Desai – Speaker
    2015 ACI’s 25th Wage Hour Claims & Class Actions
    Emerging wage & hour states, industries, claims and theories of liability
    Hotel Kabuki
    San Francisco, CA
    September 28-29, 2015
  • Aashish Desai – Speaker
    2015 State Bar Advanced Wage & Hour Conference
    JW Marriot LA Live
    Los Angeles, CA
    July 9, 2015
  • Aashish Desai – Speaker
    11th Annual Advanced Wage & Hour Seminar
    Four Points By Sheraton LAX
    Los Angeles, CA
    April 17, 2015
  • Aashish Desai – Speaker
    2014 Bridgeport Consumer Class Action Litigation Conference
    The Westin South Coast Plaza
    Costa Mesa, California
    January 9, 2015
  • Aashish Desai – Speaker
    The Complex Litigator – Podcast
    Episode 11 – June 23, 2014
    http://thecomplexlitigator.com/post-data/2014/6/23/episode-11-of-the-class-re-action-podcast-is-now-available
  • Aashish Desai – Speaker
    4th Annual Advanced Wage & Hour Conference
    JW Marriot LA Live – Los Angeles
    July 30, 2014
  • Aashish Desai – Speaker
    Bridgeport Annual Wage & Hour Update
    Webinar
    June 20, 2014
  • Aashish Desai – Speaker/Moderator
    CELA’s Tenth Annual Advanced
    Wage & Hour Seminar
    PAGA Discussion
    Hotel Shattuck, Berkeley
    Friday, April 11, 2014
  • Aashish Desai – Speaker
    Orange County Bar Association
    Last Dash 2014
    Whittier Law School
    Employment Law Basics
    Costa Mesa, California
    January 18, 2014
  • Aashish Desai – Speaker
    Bridgeport Seminars
    Consumer Class Action
    Costa Mesa, California
    January 10, 2014
  • Aashish Desai – Speaker
    NALFA’s The Attorneys Fees Conference 2013
    San Francisco, California
    October 25, 2013
  • Aashish Desai – Speaker
    Bridgeport Seminars
    FLSA Wage & Hour
    Houston, Texas
    September 20, 2013
  • Aashish Desai – Speaker
    Bridgeport Seminars
    2013 Class Action Litigation & Management
    Dealing with Class Objectors
    San Francisco, California
    August 22, 2013
  • Aashish Desai – Chair
    Bridgeport Seminars
    Wage and Hour Class Action Update
    San Diego, California
    June 7, 2013
  • Aashish Desai – Speaker
    ABA Litigation Section Conference
    “Buy this Product and Become Stronger, Healthier, and Sexier”
    Chicago, IL
    April 26, 2013
  • Aashish Desai – Speaker
    Orange County Bar Association
    21st Annual MLCE Last Dash
    Whittier Law School
    Brinker – Update on Wage & Hour Law
    Costa Mesa, California
    January 19, 2013
  • Aashish Desai – Chair
    Bridgeport Seminars
    FLSA Management & Litigation
    Houston, Texas
    June 29, 2012
  • Aashish Desai – Speaker
    The Attorney Fees Conference of 2011
    NALFA
    Loyola Law School, CA
    Nov. 17, 2011
  • Aashish Desai – Speaker
    Wage & Hour After AT&T and Dukes
    State Bar of California – CLE
    Los Angeles, CA
    August 17, 2011
  • Aashish Desai – Speaker
    Seventh Annual Advanced Wage & Hour Seminar
    California Employment Lawyers Association
    Manhattan Beach Marriott
    April 29, 2011
  • Aashish Desai – Speaker
    Class Action Employment Panel
    13th Annual LACBA Labor & Employment Symposium
    Biltmore Hotel, Los Angeles, CA
    March 31, 2010
  • Aashish Desai – Speaker
    Consumer Class Action in California Conference
    Bridgeport Seminars
    Costa Mesa, CA
    October 23, 2009
  • Aashish Desai – Co-Chair
    Wage and Hour Class Action Update
    Bridgeport Seminar
    Los Angeles, CA
    December 10 & 11, 2009
  • Aashish Desai – Speaker
    2008 Wage & Hour Litigation Conference
    UCLA – Covel Commons, Los Angeles, California
    December 2 & 3, 2008
  • Aashish Desai – Speaker
    2008 Class Action & UCL Litigation & Conference
    Westin South Coast Plaza, Costa Mesa, California
    October 3, 2008
  • Aashish Desai – Speaker
    The National Association of Legal Fees Analysis
    “Attorney Fee Litigation: It Pays to be Reasonable”
    Southwestern Law School, Los Angeles, CA
    June 19, 2008
  • Aashish Desai – Speaker
    Bridgeport Continuing Education
    Wage & Hour Litigation – FLSA Collective Actions
    University of San Diego, Manchester Conference Center
    June 12 & 13, 2008
  • Aashish Desai – Speaker
    OC Labor and Employment Section
    “Discovery Issues in Employment Law”
    Radisson Hotel, Newport Beach
    June 9, 2008
  • Aashish Desai – Speaker
    Los Angeles Bar Association
    The 28th Annual Labor and Employment Law Symposium
    Biltmore Hotel, Los Angeles
    March 6, 2008
  • Aashish Desai – Co-Chair
    National Business Institute
    “Class Action Update: Today’s Trends and Strategies for Success”
    Crowne Plaza Hotel, Beverly Hills, California
    January 24, 2008
  • Aashish Desai – Co-Chair
    OC Employment Lawyers Meeting
    “Parks v. Eastwood Attorney Fee Order”
    Irvine, California
    October 22, 2007
  • Aashish Desai – Speaker
    California Employment Lawyers Association
    “3rd Annual Advanced Wage & Hour Seminar: Getting to and through a Class Action Trial”
    Hacienda Hotel, El Segundo, California
    May 11, 2007
  • Aashish Desai – Co-Chair
    National Business Institute
    “Class Action Update: Today’s Trends”
    Atrium Hotel at Orange County Airport, Irvine, California
    January 31, 2007
  • Aashish Desai – Co-Chair
    National Business Institute
    “Litigating the Class Action Wage and Hour Case”
    Luxe Summit Hotel, Bel-Air, California
    September 25, 2006
  • Aashish Desai – Speaker
    National Business Institute
    “Wage and Hour Law: Answers to Everyday Questions”
    Doubletree Hotel, Westwood, California
    April 19, 2006
  • Aashish Desai – Speaker
    National Business Institute
    “Successfully Litigating the Class Action”
    Embassy Suites Hotel, Irvine, California
    August 5, 2005
  • Aashish Desai
    National Business Institute
    “A Critical Update on the Class Action Fairness Action (“CAFA”)”
    Doubletree Hotel, Irvine Spectrum, California
    June 24, 2005
  • Aashish Desai
    National Business Institute
    “Litigating the Class Action Lawsuit”
    West Coast Anaheim Hotel, Anaheim, California
    April 19, 2005
  • Aashish Desai
    Orange County Bar Association
    “Workers Say, Show Me the Money – Employment Class Actions”
    Radisson Hotel, Newport Beach, California
    February 9, 2004 casino australian
  • Aashish Desai
    National Business Institute
    “Litigating the Class Action Lawsuit in California”
    Doubletree Hotel, Westwood, California
    February 26, 2004 online casino
  • Aashish Desai
    National Business Institute
    “Litigating the Class Action Lawsuit”
    West Coast Anaheim offshore merchant account Hotel, Anaheim, California
    November 4, 2003