Alastair Gamble

Related Practices

Education

  • J.D., Sandra Day O'Connor College of Law at Arizona State University, 2007, summa cum laude, Armstrong Award, Sandra Day O’Connor Constitutional Law Award, Order of the Coif, Order of the Barristers
  • B.A., History, Emory University, 2000

Bar Admissions

  • Arizona, 2008
  • California, 2009

Languages

  • Arabic
  • German

Clerkships

  • Honorable Andrew D. Hurwitz, Arizona Supreme Court

Alastair Gamble

Associate
40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004
Phone 602.262.5370
Fax 602.734.3787

About Alastair Gamble

Mr. Gamble is an attorney in the firm’s Litigation group and focuses his practice on Labor and Employment at both the trial and appellate level. A frequent author and speaker on legal and political issues, Mr. Gamble has spoken on new developments and trends in employment law and has written articles for legal journals, trade magazines and other publications, including an op-ed piece in The New York Times. As a political commentator, Mr. Gamble has appeared on Wolf Blitzer Reports, Paula Zahn Now, The O’Reilly Factor, Countdown with Keith Olbermann, and many others.

Employment Law Litigation. Mr. Gamble litigates cases under Title VII (and related state statutes), the Americans With Disabilities Act, the Family Medical and Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, and the Federal Arbitration Act. He represents a broad array of companies including those in the construction, fast food, hospitality and large-scale manufacturing industries.

Mr. Gamble's recent litigation experience includes:

  • Successfully defending a large, national employer against retaliation and discrimination claims during a 3-day arbitration, resulting in total defense judgment.
  • Obtaining a unanimous victory in the U.S. Court of Appeals, Ninth Circuit, affirming a complete defense judgment in the District Court on harassment, discrimination, and retaliation claims. 
  • Successfully defending several employers in investigations by the U.S. Equal Opportunity Commission and the California Department of Fair Employment and Housing, resulting in no cause findings. 
  • Successfully defending several employers during hearings before the California Labor Commissioner.


Strategic Motion Practice
. Mr. Gamble is highly regarded for his legal writing skills, having earned several important victories for clients through strategic motion practice, including:

  • Early dismissal with prejudice of 11 of 13 claims alleged in a 140-paragraph complaint. Ultimately, plaintiff voluntarily dismissed the remaining claims in the face of a motion for terminating sanctions. 
  • Early dismissal with prejudice 5 of 7 claims alleged in a 125-paragraph complaint. The dismissal greatly reduced client's exposure, and the case settled shortly after dismissal. 
  • Early dismissal of entire complaint against a foreign corporation for lack of personal jurisdiction. 
  • Pre-trial dismissal with prejudice (summary judgment) of 5 of 6 claims; remaining claim was dismissed with prejudice pursuant to defendants' motion for terminating sanctions.


Proactive Employment Law Counseling
. Mr. Gamble counsels employers regarding difficult employment issues in order to proactively avoid litigation and/or minimize potential liability.

He routinely assists with difficult terminations; large-scale reductions-in-force (i.e., lay-offs); accommodations and/or leaves of absence for employees with disabilities or other serious medical problems; investigations into internal complaints of harassment or discrimination; employee safety (per state and federal occupational safety regulations); and wage and hour issues (including the classification of employees as exempt or non-exempt).

Previous Experience. From 2008 - 2012, Mr. Gamble practiced in Los Angeles, California, where he focused on Labor and Employment and Securities litigation. Before that, he served as a law clerk to Hon. Andrew Hurwitz of the Arizona Supreme Court and as a judicial extern to Hon. Michael Daly Hawkins of the U.S. Court of Appeals for the Ninth Circuit.

Publications

  • Author, "The Dangers of Valuing Gender Norms," Diversity Executive Magazine, September/October 2012
  • Author, "Social Networking - Off-Limits in Employment Decisions?," In Business Magazine, July 2012
  • Quote Source, "Facebook and the Dangers of 'TMI'," National Jeweler Network, May 2012
  • Co-Author, “Supreme Court Endorses ‘Cat’s Paw’ Theory of Employer Liability for Discriminatory Employment Actions,” HRUpdate Magazine, Second Quarter 2011
  • Co-Author, “The Discoverability of Witness Statements After Coito v. Superior Court,” Orange County Lawyer Magazine, September 2010
  • Co-Author, "California Insurance Law & Practice, Chapter 39: Title Insurance," Matthew Bender, 2009
  • Author, "Arizona Supreme Court Review: 2005-2006 Non-Capital Criminal Decision," 39 ARIZ. ST. L.J. 731, 2007 
  • Author, "How Do You Say Gay in Arabic? Being Essential Under “Don’t Ask, Don’t Tell”," 21 HOFSTRA LAB. & EMP. L.J. 437, 2004
  • Author, "A Military at War Needs Its Gay Soldiers," The New York Times, Op-Ed Page, November 29, 2002

Speaking Engagements

  • Presenter, "Avoiding Pitfalls in the Expanding Area of Gender Norms," Society of Human Resource Management of Greater Tucson, 2013 Employment Law Update, April 2013
  • Program Chair and Presenter, "Anatomy of an Employment Case" and "Plaintiff's Perspective and Defendant's Perspective," ASU College of Law CLE: Established and Emerging Trends in Employment Litigation, November 2012  
  • Speaker, Renaming Ceremony, Sandra Day O’Connor College of Law, November 2006 (other speakers included Justice Sandra Day O’Connor and ASU President Michael Crow)
  • Co-presenter, "Does Heather Really Have Two Mommies," 2006 Annual State Bar of Arizona Convention, June 2006 (winner of the President’s Award)
  • Co-presenter, "Sex and the Constitution," 2005 Annual State Bar of Arizona Convention, June 2005 (winner of the President’s Award)

Court Admissions

  • U.S. District Court, Central District of California, 2009
  • U.S. District Court, Southern District of California, 2010
  • U.S. District Court, Eastern District of California, 2010
  • U.S. District Court, Northern District of California, 2010
  • U.S. Court of Appeals, Ninth Circuit, 2011
  • U.S. District Court, Arizona, 2011

Other Distinctions

Mr. Gamble is a veteran of the U.S. Army. While in law school, he earned several high-profile awards including the Armstrong Award (given by the faculty to the top 1-2 graduates) and the Sandra Day O’Connor Constitutional Law Award. He also served as Senior Articles Editor of the Arizona State Law Journal and belonged to the Order of the Coif and Order of the Barristers honorary societies.