Tara Clancy is an attorney whose practice focuses on employment and commercial litigation. She has extensive experience representing management in numerous areas of employment law, including claims for harassment, discrimination, retaliation, wrongful termination, and wage and hour disputes in federal and state court. She regularly provides advice and counsel on employee handbooks, progressive discipline, employee separation issues and employment contracts. She is experienced in representing employers at administrative agency hearings, navigating the administrative grievance process and preparing position statements. In addition to employment matters, Tara has served as the lead associate on extensive business litigation matters involving claims for breach of contract and fraud.
Tara has extensive experience providing advice and counsel to Fortune 100 corporations as well as mid-sized companies in employment and commercial matters. She regularly works with in-house attorneys and employers in developing risk alternatives and litigation strategy.
Tara is also experienced in handling employment disputes, including claims of harassment, discrimination, retaliation, wrongful termination, wage and hour claims, and misclassification of independent contractors. She assists employers in avoiding formal litigation by consulting on employee discipline and early intervention strategies, and by providing advice and counsel on policies, employee handbooks, and employment contracts. Tara prepares responses to agency charges, and provides representation at administrative hearings.
In addition to her employment background, Tara has significant experience handling commercial disputes. She was the lead associate in the successful defense of a major software corporation in a multi-million dollar dispute involving claims for breach of contract and fraud and has also recovered significant judgments and settlements on behalf of Fortune 50 companies in several commercial matters. Tara has represented major automobile, energy, and chemical companies in product and premises liability matters, including lawsuits involving claims of crashworthiness, software defects, chemical exposures, negligent hiring, negligent supervision and third-party violence (including aggravated assault, battery and homicide).
Tara is experienced in taking and defending depositions, arguing substantive motions and negotiating settlements. She has led teams of associates in several high-exposure cases that were litigated through the eve of trial, and has served as part of successful trial teams in employment and product liability matters.
Tara also defends retailers and premises owners and operators in matters brought pursuant to Title II and Title III Americans with Disabilities Act (ADA), as well as California’s Unruh Act and the Disabled Persons Act. She regularly counsels clients on ADA and accessibility compliance issues, including accessibility of retailer websites. Tara has also drafted company-wide ADA compliance policies, training materials and presentations on behalf of international and national retailers.
- Represented educational institution against claims of wrongful termination, harassment, retaliation and discrimination by former employee.
- Represented chemical company in wage and hour action where employees allege unpaid meal breaks, violations of the California Labor Code and claims under the Private Attorneys General Act.
- Defended food and beverage company in wage and hour action where plaintiff alleges unpaid meal breaks.
- Represented national food and beverage and oil and energy companies at EEOC and DFEH proceedings, including preparation of administrative charge responses and representation of employers at agency hearings.
- Resolved claims for wrongful termination and harassment asserted by former high-level employee against global software company’s C-level executives.
- Lead associate in defending Fortune 100 companies in numerous actions involving claims for discrimination, wrongful discharge, harassment and retaliation based on FEHA, FMLA/CFRA, the California Labor Code and Title VII. Managed all facets of such cases including investigation, discovery, dispositive motions and alternative dispute resolution.
- Prevailed at AAA arbitration in representing franchisor against claims by franchisee for violation of franchise laws and franchise agreement.
- Recovered substantial judgment on behalf of Fortune 50 company by prevailing on summary judgment in breach of contract action; recovered attorneys’ fees and enforced judgment.
- Lead associate in defending global software company against multimillion dollar breach of contract and fraud action, including leading team of associates in preparing matter for trial.
- Obtained dismissal with prejudice in copyright infringement action where plaintiff alleged illegal downloading and distribution of media.
- Successfully represented clients in numerous actions alleging violations of Title II and Title III of the ADA.
- Secured significant recovery on behalf of major energy company in action where subsurface pipeline sustained third-party damages.
Products and Premises Liability Matters
- Primary drafter of winning summary judgment motion on behalf of major automobile manufacturer in action where plaintiff (who sustained serious injuries) alleged lack of crashworthiness.
- Lead associate in defending Fortune 100 company in wrongful death and premises liability action where plaintiff alleged that decedent’s death was due to unsafe operation of premises; led team of associates in preparing matter for trial.
- Obtained no cost dismissals and favorable settlements on behalf of Fortune 100 companies in multiple product and premises liability matters, including actions where plaintiffs alleged workplace and in utero exposure to semiconductor chemicals.
- Served on products liability trial team in defending major automobile manufacturer against claims of a defective cab structure, lack of crashworthiness and defective restraints (defense verdict).
Presentations and Publications
- “Developments in Website Access Litigation and New Focus for Plaintiff’s Bar — Is Your In-Store Price Check Kiosk Accessible?” Sedgwick’s Retail Practice Alert (February 28, 2017).
- Co-presenter, “2017 Employment Law Update and Changes,” Sedgwick Client MCLE (February 14, 2017)
- “New Year and New Laws Require Reexamining Employment Policies,” California Employment Law Letter, Vol. 27, No. 9 (February 13, 2017)
- “Unpaid Interns May Expose Companies to Liabilities,” Sedgwick’s Employment Law Alert (January 2015).
- “Arbitrators Can Determine Enforceability of Arbitration Clauses,” California Employment Law Letter, Vol. 24, No. 7 (July 14, 2014).
- Presenter, “Law and Order: Legal Strategies to Reduce Risk as an Employer,” E&O Guru Series (April 17, 2014).
- “Heating Up Wage and Hour Litigation: New Law Penalizes Employers Who Require Employees to Work During a ‘Recovery Period,’” Sedgwick’s Employment & Labor Blog (October 21, 2013).
- Co-author, “New Amendment Limits the ‘But I Didn’t Mean It’ Defense to Sexual Harassment Claim, California Employment Law Letter, Vol. 23, No. 11 (September 9, 2013).
- “Is Your Social Media Policy Lawful,” Sedgwick’s Employment & Labor Blog (August 7, 2013).
- “No Exemptions: Employers Must Pay Overtime to Employees Who Don’t Earn a ‘Salary,’” California Employment Law Letter, Vol. 23, No. 5 (June 10, 2013).
- “20 Years Later, Who’s Your Family? Proposed Legislation Would Expand the FMLA,” Sedgwick’s Employment & Labor Blog (July 3, 2013).
- 9th U.S. Circuit Court of Appeals
- U.S. District Court (C.D. Cal.)
- U.S. District Court (E.D. Cal.)
- U.S. District Court (N.D. Cal.)
- J.D. (2007) University of California, Davis School of Law (King Hall)
- B.A. (2002) University of California at Los Angeles
Memberships and Affiliations
- State Bar of California
- Bar Association of San Francisco
- Sedgwick’s Asian American Affinity Group
- Sedgwick Women’s Forum
- Bar Association of San Francisco, Barrister’s Club Diversity Committee — Served as vice co-chair and co-chair (2010-2011, 2011-2012), helping organize and secure scholarships and recognition awards for deserving minority law students and attorneys who have advanced diversity within the legal profession
- Asian American Bar Association of San Francisco — Membership Committee (2009-2010)