Stephanie Gail Lee

Managing Associate

Los Angeles


Read full biography at www.orrick.com
Stephanie Gail Lee, Managing Associate in the firm’s Los Angeles office, represents employers in all aspects of labor and employment law, and has litigated employment-related cases in federal and state courts, and before various administrative agencies.She has managed litigation matters from start to finish in cases involving a wide range of issues including discrimination, harassment, retaliation, failure to accommodate, failure to engage in the interactive process, wrongful termination, wage-and-hour violations, breach of contract, fraudulent inducement, trade secret misappropriation, breach of fiduciary duty, and employee raiding claims. She also regularly advises and counsels employers on compliance issues, including wage-and-hour compliance, leaves and accommodations, terminations and severance agreements, non-compete and non-solicitation covenants, and employee handbook provisions.

Posts by: Stephanie Lee

Employee Non-Solicitation and No-Hire Covenants? What’s the Scoop, California?

The law in California is well settled that, with few exceptions, non-compete agreements are unenforceable.  Less clear is whether and to what extent employee non-solicitation and no-hire agreements can withstand a court’s scrutiny.  These types of agreements often exist between employers and employees, as well as between employers themselves.  And while non-solicitation provisions containing broad language prohibiting direct or indirect solicitation are common, there is significant confusion over the extent of their enforceability in California.  Are these agreements enforceable?  As is often the case, the answer is “it depends.”  Fortunately, there are a handful of published appellate cases highlighting the fine distinctions that guide the analysis: READ MORE

The Saga Continues: New York’s Highest Court Will Weigh in on Aleynikov’s Fate

On April 20, 2017, the New York Court of Appeals issued a brief order continuing former Goldman Sachs programmer Sergey Aleynikov’s eight-year voyage through the state’s and country’s legal systems.  Here’s the issue:  does making a digital copy of misappropriated source code instead of physical copy constitute a “tangible reproduction or representation” of the source code?   READ MORE

It’s Positioning That Matters: Texas Court of Appeals Holds Proof Of Actual Use Not Required At The Temporary Injunction Phase

Christopher Hughes worked for Age Industries, Ltd. (“AI”) for nearly 20 years. He was the general manager of one of AI’s branch facilities and a limited partner of the company.  In this role, Hughes had access to much of AI’s proprietary and trade secret information, including specialized customer pricing information, financial reports, and business strategies.  After leaving AI, Hughes became the operations manager of a new competitor in the corrugated packing materials market—Diamondback Corrugated Container, LLC. READ MORE

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by the Illinois Attorney General

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines (discussed here) when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court determined that the employees did not have standing to pursue their claims, and never reached the issue of whether the non-competes were valid. Just last month, the Illinois Attorney General filed suit against Jimmy John’s over the same non-compete agreements.  READ MORE