Alexis S. Gutierrez is the Chair of Higgs Fletcher & Mack LLP’s Litigation Department, in addition to serving on the firm’s Executive and Management Committees.  With over 20 years of first chair experience, Mr. Gutierrez provides business and employment counseling and complex commercial litigation support to public and private entities, and non-profit organizations.  He enjoys Martindale Hubbell’s highest peer rating (“AV Preeminent”) for Legal Ability and General-Ethical Standards.  He is also a Recognized Practitioner® with Chambers USA Guide and has been recognized by Best Lawyers in America®, and by San Diego Magazine for as a Top Lawyer® for Labor and Employment and ADR (since 2013).

Mr. Gutierrez’ extensive trial experience covers a wide variety of complex cases in federal and state courts, and before numerous administrative agencies (including EEOC, DFEH, DIR/DLSE, the California Labor Commissioner, and the NLRB). In this regard, Mr. Gutierrez has litigated numerous business disputes to verdict, including those brought by entities, individuals, and class plaintiffs, involving:

  • Employment issues (wrongful termination, discrimination, employment-related torts and wage claims);
  • Business Disputes (including trade secrets; unfair competition; contract-related claims, intellectual property infringement and ownership, and environmental claims);
  • Representative and class action suits concerning employment claims (including discrimination, wage and hour and PAGA Claims), and consumer statute-driven theories (California’s Unfair Competition, Consumer Legal Remedies Act, and False Advertising).

Mr. Gutierrez also serves as leader of the Firm’s Labor and Employment Group.  He provides strategic and compliance advice and counsel on all aspects of the employer-employee relationship, including hiring practices, personnel policies, compensation issues, layoffs and terminations, workplace and government agency investigations, protection of trade secrets, employee raiding, leaves of absence, and compliance with wage and hour laws.  Mr. Gutierrez has significant management-side experience managing NLRA-related issues (union drives, recognition, certification, and CBA negotiation and management).

Recent Representative Matters Include

  • Obtained defense verdict — after 6-month trial — on behalf of Groupe Zodiac Aerospace subsidiary, MAG Aerospace, Inc. (O.C.W.D. v. MAG Aerospace, Inc., et al. 2017 WL 2375507 (June 1, 2017);
  • Defeated certification of 11-sub-class wage and hour class against Hilton Carlsbad Resort and Spa, Hilton Carlsbad Garden Inn in Moncada, Torres et al. v. Wave Crest Hotels And Resorts LLC, 00072691-CU-OE-CTL (Moncada, Torres et al. v. Wave Crest Hotels And Resorts LLC, D070107, appeal pending);
  • Obtained de-certification of 120,000 member class in Hale v. Sharp Healthcare, 232 Cal.App.4th 50 (cert. denied);
  • Defeated certification of 80,000 member class in Terrazas v. Memorial Health Services, (Terrazas v. Memorial Health Services Inc., et al., G048602);
  • Defeated 650 member class in Chevreuil, et al., vs. Dos Stars, Inc., 00087132-CU-OE-CTL;
  • Defeated nationwide class allegation in “Made in USA” lawsuit in Hecht-Nielsen v. Lifetime Products, Inc., the Sports Authority, Inc., 00089380-CU-BT-CTL.

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Civic Activities

  • United Way of San Diego County, Board of Directors (2014-present)
  • San Diego North Economic Development Council, Board of Directors (2016-present)
  • American Red Cross, San Diego & Imperial Counties Chapter, Board of Directors (2004-2010); Chairman (2009-2010)
  • PGC200 (Life Sciences),  Board of Directors (2010-present ); Chairman 2010-2015 )
  • San Diego Convention Center Corporation; Board of Directors (2006-2012); Chairman (2011)
  • San Diego Theaters; Board of Directors (2011-2012)