Biography

Eugene Scalia is a partner in the Washington, D.C. office of Gibson Dunn.  He is Co-Chair of the Firm’s Administrative Law and Regulatory Practice Group and a member of its Labor and Employment Practice Group, which he co-chaired for twelve years. 

Mr. Scalia has a national practice handling a broad range of labor, employment, appellate, and regulatory matters.  He previously served as Solicitor of the U.S. Department of Labor, the Department’s principal legal officer with responsibility for all Labor Department litigation and legal advice on rulemakings.  His success bringing legal challenges to federal agency actions has been widely reported in the legal and popular press. 

In private practice, representative employment matters include:

  • Chamber of Commerce of the U.S.A. v. Dep’t of Labor, 885 F.3d 360 (5th Cir. 2018) – Vacated U.S. Department of Labor’s “fiduciary” rule, among the most controversial regulations ever adopted in the financial services industry.
  • EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc) – Sixth Circuit decision rejecting EEOC’s position regarding telecommuting as a reasonable accommodation.
  • Hendricks v. UBS Fin. Servs., Inc., 2013 WL 5969888 (5th Cir. 2013) – Favorable Fifth Circuit decisions reversing district court orders that had denied arbitration and had certified ERISA class actions seeking $200 million.
  • NLRB v. The Boeing Company, Case 19-CA-32431 – Represented company in closely-watched case regarding new South Carolina facility.

Mr. Scalia has regularly handled Sarbanes-Oxley “whistleblower” matters since the law’s enactment in 2002, when he played a central role as Labor Solicitor in implementing the Act’s whistleblower provision.  In private practice, his clients have included public companies, audit committees, and officers and directors, including in internal investigations and proceedings before the Department of Labor, administrative law judges, the federal courts, and in arbitration. 

Mr. Scalia’s success challenging federal regulations has been profiled in a Wall Street Journal article titled “Another Scalia Vexes Regulators,” and a BloombergBusinessweek article titled “Suing the Government? Call Scalia.”  He has successfully challenged four different regulations of the Securities and Exchange Commission.  The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.”

Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review.  From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department’s Edmund J. Randolph Award.  He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school.  He has been a Lecturer in labor and employment law at the University of Chicago Law.

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