H. Scott Leviant
H. SCOTT LEVIANT is the founder, primary author and Editor-in-Chief of The Complex Litigator. Mr. Leviant is a civil litigation attorney with two decades of experience handling complex and class action matters. Mr. Leviant is a Senior Counsel at Moon & Yang, LLP, where he emphasizes wage & hour class action litigation. Mr. Leviant began his legal career at the small civil litigation firm Stanbury & Fishelman, Inc., where he handled increasingly sophisticated matters, including complex commercial litigations, class actions, appellate matters and civil trials. As a first year associate, Mr. Leviant argued a matter before the Ninth Circuit Court of Appeals (where he was filleted, disemboweled, and generally didn't do as well as he had hoped, spurring him to improve his appellate advocacy skills -- notably, his second foray into Ninth Circuit territory was a resounding success).
Mr. Leviant has obtained several published appellate decisions, including Troester v. Starbucks Corporation, 5 Cal. 5th 829 (2018), as modified on denial of reh'g (Aug. 29, 2018), which held that California does not incorporate the federal de minimis defense into state wage & hour obligations, Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. Jan. 29, 2019), which confirmed that job applicant background check disclosures must consist solely of a clear and conspicuous disclosure with absolutely no other content, Ghazaryan v. Diva Limousine, Ltd. 169 Cal. App. 4th 1524 (2009), which reversed a denial of class certification and included an Order of the Court of Appeal directing certification of the proposed class, Laliberte v. Pacific Mercantile Bank, 147 Cal.App.4th 1 (2007), which reversed an adverse trial court ruling and reaffirmed the expansive nature of the “community of interest” concept in California class actions, Johnson v. Glaxosmithkline, Inc., 166 Cal.App.4th 1497 (2008), as modified (October 14, 2008), rev. denied, which reversed an adverse trial court ruling and questioned the rationale and viability of Alvarez v. May Dept. Stores Co., 143 Cal.App.4th 1223 (2006), and Gillings v. Time Warner Cable LLC, 583 Fed.Appx 712 (9th Cir. 2014), reversing a grant of summary judgment in a wage & hour class action suit.
Mr. Leviant received his undergraduate degree from Occidental College. Graduating cum laude, Mr. Leviant majored in economics and received a “minor” emphasis in mathematics. Along with his study of economics and mathematics, he also had an emphasis in physics. This combination of scientific and economic education has been of assistance during his litigation of complex civil actions. Mr. Leviant attended law school at the University of Southern California Law Center, receiving his Juris Doctor degree.
Mr. Leviant has authored or co-authored various published articles, including:
H. Scott Leviant and Lilit Ter-Astvatsatryan, Unaccounted Time: Reading the Tea Leaves of Troester, Daily Journal (Los Angeles), September 12, 2018
H. Scott Leviant & Dennis Moss, Class actions: One step forward after two steps back, Daily Journal (Los Angeles), January 11, 2012
Arbitration: A Look Back, a Look Ahead, Daily Journal (Los Angeles), December 28, 2010
Witnesses Cannot Hide, Daily Journal (Los Angeles), April 21, 2010
H. Scott Leviant & Linh Hua, Legislature Using Purse Strings to Bind Judiciary, Daily Journal (San Francisco), March 15, 2010
Wrongfully Recused?, Daily Journal (Los Angeles), December 2, 2009
When Courts Disagree, Daily Journal (Los Angeles), November 10, 2009
Divide and Conquer: The New Paradigm of Class Action Defense?, FORUM, January/February 2009
Class Action Appellate Report, FORUM, January/February 2009 - (Ongoing column)
A Bad Meal Deal: 'Brinker' Gets the Incentive Question Wrong, Daily Journal (Los Angeles), August 6, 2008
Cutting Class, Daily Journal (Los Angeles), April 15, 2008
H. Scott Leviant & Jason E. Barsanti, Maximize Recovery in Unpaid Wage Cases, FORUM, January/February 2008
Leveling The Playing Field, Daily Journal (Los Angeles), May 4, 2007
Mike Arias, H. Scott Leviant & Louis Pacella, Electronic Evidence: No Longer an Optional Element in a Comprehensive Litigation Plan, ADVOCATE, April 2006
Improving Rule 12(b)(6) Survival Odds: Some Considerations For Effective RICO Pleading, CIVIL RICO REPORT (April 26, 2000)
Mr. Leviant has also contributed to lecture materials for various educational seminars, including: A Seminar Overview of the Current State of Employment Law, The Westchester/LAX/Marina Del Rey Chamber of Commerce (February 23, 2006); Practicing Under Section 17200 in 2005, Orange County Bar Association Last Dash MCLE Seminar (January 21, 2005); and, An Overview of Business Torts, CAALA’s 24th Annual Convention (September 2006).
Mr. Leviant has lectured at law-related seminars, including:
Policing the Workplace: Advanced Seminar on PAGA Actions and Retaliation Claims, Labor and Employment Law Section of the Los Angeles County Bar Association (January 25, 2014)
The Year in Review – Staying Abreast of Current Cases, Consumer Attorneys of San Diego Class Action Symposium (October 14, 2011)
Strategies for Settlement of Individual and Wage & Hour Class Actions, Bridgeport’s Eighth Annual Wage & Hour Litigation Conference (December 16, 2011)
Concepcion v. AT&T and Derivative Wage & Hour Claims, Bridgeport's Mid Year Wage & Hour Litigation Conference (June 3, 2011)
Advanced Principles: UCL Remedies and Defenses, 20th Annual Golden State Antitrust and Unfair Competition Law Institute (October 21, 2010)
Refining Your Wage and Hour Practice, 2010 CELA Annual Conference (October 2, 2010)
Word v. WordPerfect Software, Tips, Tools and Tricks: Legal Technology for Plaintiffs Employment Lawyers (September 30, 2010)
California's 17200 -- Its Use and Abuse, Federalist Society (May 19, 2010)
20 Tips for Successful Navigation of e-Discovery Requirements, Los Angeles County Bar Association's Thirtieth Annual Labor and Employment Law Symposium (March 31, 2010)
Social Networking for Lawyers: A Roadmap to Success, Los Angeles County Bar Association's 2nd Annual two-day 2009 Small Firm and Solo Practitioners Conference: MISSION POSSIBLE (June 25, 2009)
A Seminar Overview of the Current State of Employment Law, The Westchester/LAX/Marina Del Rey Chamber of Commerce (February 23, 2006)
Mr. Leviant is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Eighth Circuit, the United States Court of Appeals for the Ninth Circuit, and state and federal courts in California.
Other Professional Accomplishments:
In 2009, Mr. Leviant was selected for inclusion in Southern California Super Lawyers, Rising Stars Edition. Mr. Leviant has been selected for inclusion in Southern California Super Lawyers for the year 2012-2019. Mr. Leviant served as a member of the Board of Governors of the Consumer Attorneys of California ("CAOC") from 2009 to 2011.
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The views expressed by contributing authors on The Complex Litigator do not necessarily reflect the opinions or positions of any firm with which any contributing author is or has been associated.