Russell K. Ryan - Partner

Russell K. Ryan is an experienced and dedicated business and trial lawyer who focuses his practice on representing clients in labor and employment litigation, commercial and real estate litigation, and administrative proceedings. He also advises clients on various corporate, business and employment-related issues, as well as providing training on all aspects of the employment relationship and corporate compliance issues. His clients include national, regional and local companies and individuals involved in many different industries, with a particular emphasis on health care entities and non-profit organizations. He also assists out-of-town law firms as local counsel on matters pending in state and federal court.

 

Practice Areas

  • Employment
  • Health Care
  • Real Estate
  • Business Litigation

Bar Admissions

  • California, admitted 1989
  • Utah, admitted 2001

Education

  • University of California, Berkeley
    Boalt Hall School of Law
    Juris Doctorate, 1988
    Top 25% of the class
  • Brigham Young University
    Bachelor of Science, Psychology, 1985
  • Honors - Cum Laude, Psi Chi Psychology
    Honor Society

Judicial Clerkship

Honorable Aldon J. Anderson, District of Utah, 1988-1989

Experience

  • Partner - Motschiedler, Michaelides, Wishon, Brewer & Ryan, LLP, 1994-2001 and August 2002 to Present.
  • Partner - Holland & Hart, LLP, Salt Lake City, Utah, 2001-2002.
  • Adjunct Professor - San Joaquin College of Law, 1992- 2000 (Employment, Insurance, and Commercial Transactions Law)
  • Associate Attorney - Littler Mendelson, Fresno, California, 1992-1994; Jory, Peterson & Sagaser, Fresno, California, 1990-1992; Brobeck, Phleger & Harrison, San Francisco, California, 1989-1990

Public and Community Service

Commissioner, Madera County Civil Service Commission, 1997; Missionary, Church of Jesus Christ of Latter Day Saints, Buenos Aires, Argentina, 1980-1982

Court Admissions - Federal

  • United States Supreme Court
  • Ninth Circuit Court of Appeal
  • Tenth Circuit Court of Appeal
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, District of Utah

Affiliations

  • Madera County Bar Association (Secretary/Treasurer, 1992-1993, Vice President, 1994, President, 1995)
  • California, Utah and Fresno County Bar Associations
  • American Business Trial Lawyers (Board of Directors Fresno Chapter, 2008)
  • Board of Directors, Heartland Opportunity Center (Vice President, 2001)
  • Board of Directors, Resources for Independence Central Valley, 2009-present
  • Steering Committee, Center for Disability Innovation at California State University, Fresno, 2008-present

Areas of Practice

Employment

The primary focus of my practice is employment law, representing employers (and the occasional employee) in all aspects of the employment relationship. This includes providing training on all aspects of federal and state rules and regulations, drafting employment policies, handbooks, employment agreements, confidentiality agreements, severance agreements, etc., advising clients on employment issues and representing clients in litigation.

I have represented clients on issues involving gender, race and age discrimination, sexual harassment, Title VII, drug testing, wiretapping, unfair competition, privacy, negligent hiring and retention, wrongful termination and demotion, FMLA, ADA, labor code violations and employment-related torts such as fraud and slander.

My counseling emphasizes reducing the risk of litigation through planning and strategy.

Training

I have provided training to more than 100,000 participants on all phases of the employment relationship in all aspects of employment law. These training sessions have ranged from groups of 5-10 employees and managers to more than 1,000 participants and have been conducted in English and Spanish. I am fluent in Spanish. A sampling of these training sessions include the following:

  • Council on Education in Management – moderator and presenter of full and part day programs on sexual harassment, employment discrimination under state and federal law, FMLA, CFRA, ADA, violence in the workplace, and numerous other programs (1993-2002) (more than 30 programs involving thousands of participants)
  • National Business Institute – moderator and presenter on employment law and OSHA programs
  • Littler Mendelson – presenter on various programs on sexual harassment, employment discrimination, restrictive covenants, trade secrets and employees, FMLA, CFRA, ADA, violence in the workplace and other programs (more than 25 presentations involving thousands of participants)
  • Head Start Programs (through Community Action Partnership of Madera County and Stanislaus County Office of Education) – presenter and trainer at numerous sessions, in English and Spanish, to employees, members of boards of directors, and members of parent policy council and committees on sexual harassment violence in the workplace, employment discrimination, Brown Act and Roberts Rules of Order. These trainings have been provided to participants from more than 40 Head Start Centers from Stockton to Visalia, California (1993-present) (involving more than 50 trainings and thousands of participants)
  • Federally Qualified Health Centers (through the Central Valley Health Network, United Health Centers of the San Joaquin Valley, Darin M. Camarena Health Centers, Inc., Tulare Community Health Clinic, Inc., Valley Health Team, Inc. and Del Norte Clinics, Inc.) – presenter and trainer at numerous sessions, in English and Spanish, to employees, members of boards of directors, and physicians on topics such as sexual harassment, violence in the workplace, employment discrimination, Brown Act, Roberts Rules of Order and HIPAA compliance. These trainings have been provided to employees of dozens of clinics throughout California (1993-present) (involving more than 50 trainings and thousands of participants)
  • Various Non-Profit and Service Organizations - presenter and trainer to numerous non-profit organizations such as the Centers for Independent Living, Heartland Opportunity Center, Boys and Girls Clubs, Save the Children, Rotary Clubs, Lions Clubs, Kiwanis Clubs, various hospitals and health clinics on various topics ranging from sexual harassment, violence in the workplace, employment discrimination, Title VII, FMLA, ADA, the Brown Act, Roberts Rules of Order and HIPAA compliance. These trainings have been provided to numerous organizations throughout California (1992-present) (involving more than 100 trainings and thousands of participants)
  • Client Training - presenter and trainer at numerous sessions to employees and managers for various clients, large and small, including hotels, hotel management companies, restaurants, manufacturers, automobile dealerships, agricultural concerns, construction companies, health clinics, physician groups, hospitals, skilled nursing facilities, beverage distributors and alarm companies on various topics ranging from sexual harassment, violence in the workplace, employment discrimination, FMLA, ADA, the Brown Act, Roberts Rules of Order to HIPAA compliance. These trainings have been provided to numerous organizations throughout California (1992-present) (involving more than 150 trainings and thousands of participants)

Health Care, Real Estate and Business

My practice also encompasses all facets of business and contractual relationships with particular emphasis on health care entities such as federally qualified health centers, rural health clinics, and hospitals, and real estate and business law.

Litigation

I have conducted more than 100 major hearings, arbitrations, court and jury trials to conclusion, prevailing in at least 90% of those cases.

My reported appellate decisions include:

  • Hernandez v. City of Hanford, 41 Cal. 4th 279 (2007)
  • Kelton v. Stravinski, 138 Cal.App.4th 941 (2006)
  • Church v. Jamison, 143 Cal.App.4th 1568 (2006)
  • QC Constr. Prods. v. Cohills Building Spec., Inc., 423 F. Supp.2d 1008 (D.Az. 2006)
  • Spencer Enters. v. United States, 229 F. Supp. 2d 1025 (E.D. Cal. 2001)
  • Urias v. Harris Farms, 234 Cal.App.3d 415 (1991)

Representative Clients

Current clients include Berry & Berry, Inc., The Bomanite Company, Borges USA, Inc. dba Star Olive Oil, Darin M. Camarena Health Centers, Inc., Central Cal Metals, Central California Child Development Services, Inc., Chowchilla Memorial Healthcare District, Community Action Partnership of Madera County, DMP Development Corporation, Del Norte Clinics, Inc., Donaghy Sales, LLC, Gemstone Resorts International, LLC, Heartland Opportunity Center, Inc., Industrial and Commercial Contractors, Inc., Fresno Lincoln-Mercury-Volvo, Freedom Ford Truck Center, Resources for Independence - Central Valley, Sonitrol Alarm Systems, Stanislaus County Office of Education, Tulare Community Health Clinic, United Health Centers of the San Joaquin Valley, Inc., Valley Health Team, Inc., The Wackenhut Corporation, and numerous others. I have also represented national clients such as Sun-Maid, United Parcel Service, Novell, Dole and Varsity Contractors.