Counsel

Fey Epling is counsel at Drinker Biddle & Reath LLP, working primarily with the firm’s Labor and Employment and Commercial Litigation Practice Groups.

She focuses her practice on litigation in state and federal courts, including the defense of class and collective action lawsuits. In addition, she both prosecutes and defends actions arising out of business relationships, with an emphasis on trade secret and intellectual property issues, as well as defamation, unfair competition and fraud-based claims.

Fey’s recent accomplishments include:

• Second-chairing federal court disability lawsuit, drafting and arguing successful Motion for Judgment on Partial Findings;
• Obtaining summary judgment victory in California state court leading to favorable case law on travel pay issue relevant to significant pending litigation;
• Drafting summary judgment motion leading to dismissal of 98% of claims in federal district court action, leading to settlement of national FLSA action for four figures;
• Successfully briefing opposition to anti-SLAPP Motion to Strike in internet defamation/tortious business interference action and writing winning Respondent’s brief on appeal to the Ninth Circuit;
• Writing winning summary judgment motion resulting in complete dismissal of CFRA/FMLA leave and discrimination suit in Northern District of California;
• Authoring successful oppositions to a Motion for Conditional Certification in a wage and hour collective action filed in the Northern District of California; and
• Obtaining a dismissal of a putative FLSA class action filed in the Northern District of California.

While at the firm, Fey has successfully tried court and jury trials as second chair on discrimination and contract cases, as well as authoring and arguing successful dispositive motions. She also has obtained several rulings in favor of employers in administrative law courts and at agency hearings. Fey has authored and co-authored several successful appellate briefs in state and federal courts.

Published Opinions and Articles:

• Webb v. Carter's Inc., 2011 U.S. Dist. LEXIS 12597 (C.D. Cal. Feb. 3, 2011).
• Jackson v. EJB Facilities Services, Inc., 334 Fed.Appx. 104, C.A. 9 (Wash.), Oct. 9, 2009.
• Wren v. RGIS Inventory Specialists, 2009 U.S. Dist. LEXIS 74789 (N.D. Cal. Aug. 24, 2009).
• Johnson v. RGIS Inventory Specialists, 554 F. Supp.2d 693 (E.D. Tex. 2007).
• Combs v. Greenfield, 2010 U.S. Dist. LEXIS 54622 (N.D. Cal. May 11, 2010).
• Decker v. Yorkton Securities, et al.,. 03 C.D.O.S. 2313 (1st Dist., March 13, 2003).

Professional Memberships.  Fey is currently a director of the San Francisco Volunteer Legal Services Program (VLSP) and serves on the Finance Committee of the Bar Association of San Francisco (BASF). She is a past director of the BASF Foundation Board and a past president of the San Francisco Barristers Club. Fey is also a member of the American Bar Association and is active in the California Minority Counsel Program.

In General.  Fey received her A.B. in art history and English literature from Oberlin College.  In 1997, she received her J.D. from the University of California, Hastings College of Law, where she was an editor for COMM/ENT – Hastings Communications and Entertainment Law Journal.