K. Elizabeth Dunn | Shareholder

Areas of Practice

A shareholder of the firm for over 20 years, Ms. Dunn’s practice focuses on complex business litigation with an emphasis on employment litigation and advisement. She litigates unfair competition, trade secret misappropriation, professional liability, civil rights, public agency liability and other business matters. She specializes in the representation of clients in all aspects of employment law including wrongful discharge, discrimination, unlawful harassment, whistle blower, employment agreement disputes, and wage and hour compliance matters. Ms. Dunn’s clients encompass the private and public sector and include employers in the manufacturing, healthcare, technology, hospitality, financial, retail, building, transportation and professional services industries.

Representative Matters

Business and Commercial Litigation

Represented a public entity against claims for breach of contract brought by a building contractor. The claims arose from the construction of a public works project, and included allegations of misrepresentations contained in plans and specifications. Obtained a defense verdict for client after a jury trial.
Represented an insurance carrier against claims of bad faith arising out of a first-party property insurance matter. The claims arose from the alleged improper investigation and evaluation of the loss and the insurer’s denial of coverage. Obtained a defense verdict after a jury trial.
Defended a municipal agency against claims of civil rights violations, false imprisonment and assault and battery. Claims arose from the alleged improper conduct of the entity’s peace officers in arresting and transporting an individual to a detention facility. Obtained a defense verdict on behalf of client after a jury trial.
Defended a business executive against numerous claims seeking in excess of $40 million and injunctive relief brought in federal court by an international manufacturing company. The claims arose from the executive leaving the company to allegedly start a competing business using propriety information for a new employer. Obtained a favorable settlement of all claims before trial including negotiation of favorable employment terms with new employer.
Defended a medical clinic/spa and one of its employees against claims brought by the employee’s former employer. The claims arose from the employee allegedly using proprietary marketing strategies and client and patient contact information to solicit business for her new employer. Obtained a dismissal of the case on behalf of clients before trial.
Represented a photography company and its principals against claims and cross-claims including violation of the Unfair Business Practices Act, breach of contract, false advertising and injunctive relief. The claims arose from the alleged failure of the company to obtain proper model releases for a photograph. Obtained a favorable settlement for clients and dismissal of all claims before trial.
Defended a transportation company against consolidated claims arising out of the company’s alleged refusal to transport and reasonably accommodate disabled passengers. Obtained a favorable settlement for client and dismissal of federal court action prior to trial.
Represented law firm in consolidated class action professional liability and securities fraud cases in state and federal court over issuance of tax-exempt municipal bonds. Obtained successful dismissal of client after mediated resolution. Action remains pending against other parties.
Represented a national privately-held veterinary practice in litigation involving claims of unfair business practices and false advertising under the Lanham Act.
Assisted in the defense of a Canadian hydroelectric generator and marketing subsidiary in coordinated class action litigation in state and federal courts. Class plaintiffs sought monetary damages in excess of $100 million for violation of California anti-trust and unfair competition laws. Obtained dismissal of client from action on basis of foreign sovereign immunity.

Employment and Labor

Defended a national healthcare provider against claims brought by a former employee arising out of her termination after she allegedly complained of and testified about numerous health and safety violations. The claims included wrongful termination in violation of public policy (whistle blowing), breach of implied employment contract, violations of multiple labor laws and defamation. Obtained a defense verdict in favor of client after a six-week jury trial in state court.
Conducted a lengthy department-wide investigation for a public entity after televised accounts of fraud and waste by unionized public employees.
Represented a public entity against an employee’s claims for discrimination based on race and related retaliation. The claims arose out of alleged discriminatory performance evaluations and assignments. Obtained an administrative decision in favor of client on all claims.
Defended a manufacturing company and a department supervisor against an employee’s claims for discrimination based on gender and pregnancy, alleged wage and hour violations and retaliatory termination. Obtained a favorable settlement of all claims on behalf of clients.
Represented a law firm partner against claims of sexual harassment, sexual assault and retaliation by a subordinate employee. Obtained a pre-lawsuit settlement of all claims, and subsequently obtained the reimbursement of settlement funds paid by client from client’s insurance carrier.
Represented a non-profit organization and its board chairman and executive director against a former employee’s claims for breach of employment agreement, discrimination based on age and national ancestry, wrongful termination in retaliation for political activity and wage and hour violations. The matter was settled and dismissed in its entirety shortly before the commencement of trial.
Defended a private country club and a managerial employee against claims including sexual harassment, gender discrimination, retaliatory termination, negligent hiring/supervision/training and violations of the Bane Act and Ralph Act. Obtained a favorable settlement for clients before trial.
Retained to provide sexual harassment and discrimination prevention training, start-up personnel policies, employee manuals and procedures, job descriptions, human resources training, audits, workplace investigations and employment advisement to the owners of a restaurant chain.
Engaged to develop executive employment agreements, including proprietary information agreements, training programs, employment policy manual and to provide continued general employment counseling to multi-office contracting company.
Retained to draft employment-related contracts and personnel policies and practices, and to provide on-going advice to international software company.
Retained to advise and counsel a religious organization and its governing board concerning an employee who allegedly committed criminal acts in the workplace, to coordinate with public authorities and to handle communications to all interested parties.

Professional Liability Defense

Representation of a national law firm in a professional liability action brought by a health care staffing company. The company claimed the law firm negligently litigated trade secret cases and billed excessively for its work. The case was settled after an eight-week jury trial.
Defended a law firm in a professional negligence action brought by two former clients arising out of alleged misrepresentations and mishandling of maritime insurance coverage. Matter was successfully resolved before trial.
Represented former trustee of an estate sued by beneficiaries for fraud, breach of fiduciary duty, breech of contract and related claims arising out of the alleged mishandling of the sale of a business. Achieved resolution whereby client received fees held and owed to it by the trust.
Represented law firm in consolidated class action professional liability and securities fraud cases in state and federal court over issuance of tax-exempt municipal bonds. Obtained successful dismissal of client after mediated resolution. Action remains pending against other parties.

Email

kedunn@butzdunn.com

Practices

Business and Commercial Litigation
Professional Liability Defense
Public Entity and Municipality Law
Employment and Labor
Unfair Competition

Education

Ms. Dunn earned her Bachelor of Arts degree at the University of California, Los Angeles, in Communication Studies in 1979 and received her Juris Doctor degree from the University of Southern California Law Center in 1982.

Admissions

Admitted to practice, all courts of the State of California
Admitted to practice, United States District Court for the Southern, Central and Northern Districts of California
Admitted to practice, United States Court of Appeals for the Ninth Circuit

Memberships

American Inn of Court, Master of the Bench
San Diego Inn of Court, Past President
Lawyers Club, Chair of the Electoral Committee, Chair of the Judicial Endorsement Committee (by invitation only)
Delegate, State Bar Conference of Delegates
Association of Business Trial Lawyers
San Diego Defense Lawyers
Association of Southern California Defense Counsel
San Diego Hall of Champions Executive Committee, Secretary and Trustee
San Diego Sports Commission Executive Committee, Secretary
UCLA Alumni Association, Scholarship Committee
Kids on Broadway
Health Ministries Association
Gaslamp Quarter Foundation

Professional Recognition

AV rated-Martindale Hubbell

Publications & Speaking Engagements

Ms. Dunn is a frequent speaker on business and employment related topics. She has published numerous articles and has served as an expert witness in employment law matters