Mr. Lafayette has an AV Preeminent rating from Martindale-Hubbell, and currently serves as a member of the Executive Committee of the National Employment Law Council. He previously served as a member of the Board of Directors of the National Association of Minority and Women Owned Law Firms (NAMWOLF), as a member of the Editorial Advisory Board of California Lawyer magazine, and as the Co-Chair of the NAMWOLF Trials Practice Area Committee. Mr. Lafayette was a lawyer-representative to the U.S. District Court for the Northern District of California and is a past member of the San Francisco Inns of Court, the Executive Committee of the Litigation Section of the San Francisco Bar Association and the U.S. District Court Northern Magistrate Review Committee. In his years of practice, he has tried, and prevailed on, a number of complex and document-intensive cases. In the past five years, he has narrowed the scope of his practice to emphasize labor and employment, commercial litigation and class action matters.
Called a “big gun” and “high profile” by the San Francisco Chronicle and the Recorder, Mr. Lafayette is often sought to handle extremely complicated and sensitive matters, and to take over cases from other firms, particularly cases that appear headed for trial. He has handled a number of high profile and high exposure cases for Fortune 500 companies as well as institutional and public entity clients that include Viacom, Inc., Governor Jerry Brown and the San Francisco Housing Authority. In 2002, Mr. Lafayette received the California Lawyer Attorney of the Year Award and the Charles Houston Bar Association’s Clinton W. White Advocacy Award. He was featured in the American Bar Association Journal showcasing the talents of minority lawyers (“Distinction with a Difference,” ABA Journal, April 2003). Mr. Lafayette has been selected as a Fellow of the Litigation Counsel of America and has also been recognized in the Northern California Super Lawyers list for the past 15 years. A highly regarded trial attorney, Mr. Lafayette has tried in excess of thirty cases to verdict. Twenty-three of his cases have resulted in published opinions, including a significant Supreme Court housing case, HUD v. Rucker, 535 U.S. 125 (2002).
Mr. Lafayette is admitted to practice before all courts of the State of California, the United States District Court, Northern, Eastern and Central Districts, the United States Court of Appeals, Ninth Circuit and the United States Supreme Court.
- Co-author, “Bench Trials,” in California Trial Practice: Civil Procedure During Trial, 3rd ed., ed. Linda Compton et al., (Berkeley, CA: CEB, 1994)
- Co-author, Recent Developments in Arbitration of Employment Discrimination Disputes, National Employment Law Council, 1998
- PUBLISHED OPINIONS HUD v. Rucker, 535 U.S. 125 (2002)
- Ingram v. Pacific Gas & Electric Company, 690 Fed.Appx. 527 (9th Cir. 2017)
- Veloz v. Pacific Gas & Electric Company, 655 Fed.Appx. 537 (9th Cir. 2016)
- Gregory v. Nationwide Mut. Ins. Co., 611 Fed.Appx. 410 (9th Cir. 2015)
- Goos v. Shell Oil Co., 451 Fed.Appx. 700 (9th Cir. 2011)
- Embury v. King, 179 Fed.Appx. 409 (9th Cir. 2006)
- Embury v. King, 361 F.3d 562 (9th Cir. 2004)
- Lifescan, Inc. v. Premier Diabetic Services, Inc., 363 F.3d 1010 (9th Cir. 2004)
- U.S. ex rel. Honeywell, Inc. v. San Francisco Housing Authority, 83 Fed.Appx. 181 (9th Cir. 2003)
- Rucker v. Davis, 304 F.3d 904 (9th Cir. 2002)
- Rucker v. Davis, 237 F.3d 1113 (9th Cir. 2001)
- Rucker v. Davis, 203 F.3d 627 (9th Cir. 2000)
- In re Unicom Corp., 21 F.3d 1116 (9th Cir. 1994)
- In re Berr (Berr v. FDIC), 172 BR 299 (9th Cir. BAP 1994)
- Embury v. King, 191 F.Supp.2d 1071 (2001)
- Honeywell v. San Francisco Housing Authority, 164 F.Supp.2d 1130 (2001)
- Kaiser Permanente Employees Pension Benefit Plan v. Bertozzi, 849 F.Supp. 692 (1994)
- Henderson v. Equilon Enterprises, LLC, 40 Cal.App.5th 1111 (2019)
- Reeves v. MV Transportation, Inc., 186 Cal.App.4th 666 (2010)
- Cerna v. City of Oakland, 161 Cal.App.4th 1340 (2008)
- Wellpoint Health Networks, Inc. v. Superior Court of Los Angeles County, 59 Cal.App.4th 110 (1997)
- Donohue v. San Francisco Housing Authority, 16 Cal.App.4th 658 (1993)
- Donohue v. San Francisco Housing Authority, 281 Cal.Rptr. 446 (1991)
- “Vore, vire, vua- what the …?? Figuring out Voir Dire,” National Association of Minority and Women Owned Law Firms Driving Diversity & Leadership Conference, March 2024
- “Electronic Evidence Issues In The Modern Era: Laying A Foundation For Trial,” National Employment Law Council Annual Conference, May 2023
- “Off the Record: The Real Experience of POC Attorneys,” California Minority Counsel Program Business Conference, October 2022
- “Inclusive Sourcing: Insights from Minority and Women-Owned Legal Firms and the In-House Teams That Hire Them,” National Association of Minority and Women Owned Law Firms Annual Meeting, September 2022
- “Labor Issues in the Biden Administration,” Elevating Black Excellence Regional Summit (Midwest, Virtual), June 2021
- “Labor Issues in the Biden Administration,” Elevating Black Excellence Summit (Virtual), April 2021
- “Litigation, Mediation and Arbitration “War Stories”: The Most Effective Strategies for Remote vs. In-Person Proceedings,” American Conference Institute’s 29th National Conference on Employment Practices Liability Insurance, January 2021
- “Practicing Law Remotely within Ethical Boundaries during the COVID-19 Pandemic,” American Bar Association Section of Labor and Employment Law Virtual Conference, November 2020
- “General Counsel Panel,” Moderator, National Employment Law Council Dallas Regional Conference, presented by Toyota, February 2020
- “The Practice of Labor & Employment Law: Tools for Success in a New Millennium,” National Employment Law Council Bay Area Regional Conference, presented by Facebook and Google, October 2019
- “Preparing Corporate Witnesses to Testify at Trial,” National Employment Law Council Annual Conference, April 2019
- “The New Age of Privacy: GDPR,” National Association of Minority and Women-Owned Law Firms Annual Meeting, September 2018
- “This Is #METOO,” National Employment Law Council Silicon Valley Regional Conference, March 2018
- “Lawyers Speak: What Gets a Mediator Hired Again (Or Not),” American Bar Association Section of Dispute Resolution Conference, April 2017
- “Social Media and Litigation,” National Employment Law Council Annual Conference, April 2017
- “Parachuting: Jumping In At The Last Minute,” National Association of Minority and Women-Owned Law Firms Business Meeting, February 2017
- “Small Firm Practice, Big Firm Success,” American Bar Association Professional Success Summit, November 2016
- “Winning Strategies for Litigation Employment Cases,” National Bar Association Labor & Employment Section Annual Conference, October 2016
- “Challenging Experts,” National Association of Minority and Women-Owned Law Firms Business Meeting, February 2016
- “How to Build a Book of Business,” National Bar Association 90th Annual Convention, July 2015
- “Litigation Skills Theatre,” American Bar Association Labor & Employment Law 8th Annual Conference, October 2014
- “The Art of Persuasion: Influencing Juries,” National Association of Minority and Women-Owned Law Firms Annual Meeting, September 2014
- “Technology in the Courtroom,” Alameda County Bar Association 5th Annual Labor & Employment Symposium, September 2014
- “What’s the Story? Winning Strategies for Employment Cases,” National Employment Law Council Annual Conference, April 2014
- “California Dreamin’: How to Avoid the California Litigation Lottery,” Macy’s, Inc., October 2013
- “Benefits & Liabilities of Conducting Background Checks on Employees & Candidates,” National Association of Minority and Women-Owned Law Firms Annual Meeting, September 2013
- “Dos and Don’ts for Newer Attorneys,” Bar Association of San Francisco CLE Program, July 2013
- “The New Gold Rush: California’s Latest Wave of Laws Favoring Employees,” National Employment Law Council Annual Conference, April 2013
- “So You’ve Been Sued: What Next?,” County Counsels’ Association of California Employment Law Fall 2011 Study Section Conference, November 2011
- “Conducting a Corporate Investigation,” Litigation Counsel of America Fall Conference, October 2011
- “Jury Selection in a Diverse and Changing Environment,” National Association of Minority and Women-Owned Law Firms Annual Meeting, September 2011
- “Conducting a Corporate Investigation,” National Association of Minority and Women-Owned Law Firms Annual Meeting, October 2010
- “Winning the Certification Battle: Analyzing Recent Rulings, Certification and Decertification Grounds to Craft a Strategy for Current and Future Cases,” American Conference Institute’s 10th Advanced Forum on Wage & Hour Claims and Class Actions, September 2010
- “Preferred Vendor Lists,” National Association of Minority and Women-Owned Law Firms 2010 March Business Meeting, March 2010
- “Trial Demonstrations: Direct and Cross of Expert Witnesses,” Annual Meeting of the State Bar of California, Labor & Employment Law Section, October 2009
- “Wage & Hour Class Action Panel,” National Association of Minority and Women-Owned Law Firms Annual Meeting, October 2009
- “Change You Can Believe In: Employment Rights During the Obama Years,” National Employment Law Council Annual Conference, April 2009
- “How to Avoid (and if Necessary) Litigate a Retaliation Claim,” National Bar Association Labor & Employment Law CLE Conference, March 2009
- “Maximizing Minority Law Firm Profitability: Strategies and Business Models,” California Minority Counsel Program Annual Business Conference, October 2008
- “Trends in Wage and Hour Class Actions,” Minority Corporate Counsel Association 7th Annual CLE Expo, March 2008
- “Ethics” and “Advanced Litigation Trial Skills II – Mock Trial & Clinic,” National Employment Law Council Annual Conference, May 2007
- “Advanced Trial Skills II – Judge, Jury and Using Technology,” National Employment Law Council Annual Conference, May 2006
- “Evidence in Employment Cases: Comparator Evidence, Stray Remarks, me Too Evidence, Rule 35 Medical Exams, Prior Sexual Conduct, and Related Admissibility Issues,” American Bar Association Section of Labor & Employment Law: National Conference on Equal Employment Opportunity Law, March 2006
- Diversity’s Impact on Employment Litigation,” American Bar Association Annual Meeting – Section of Labor & Employment Law, August 2005
- “The Latest Word on ‘E-Discovery Issues,’” National Employment Law Council Annual Conference, April 2005
- “Courtroom Technology Panel – Litigation and Other Databases and Other Tools and Developments, How to Preserve Technological Information for Appeal,” National Employment Law Council Annual Conference, April 2004
- “Technology – New Tools for Changing Times” and
- “Litigation Techniques – Nuts and Bolts,” National Employment Law Council Annual Conference, April 2003
- “3 Ounces of Prevention – Workplace Violence,” California Minority Council Program-Employment Law Roundtable, September 2001
- “21st Century Discovery-Electronic Evidence,” National Employment Law Council Annual Conference, April 2001
- “Debunking Junk: Daubert in Action,” U.S. District Court for the Northern District of California Judicial Conference, April 2001
- “A Roundtable – Brainstorming the Difficult Cases,” National Employment Law Council Annual Conference, April 2000
- “Trends in the Northern District Docket and Jury Pool,” U.S. District Court for the Northern District of California Judicial Conference, April 1999
- “Resolving Disputes – Finding the Settlement Bridge,” National Employment Law Council Annual Conference, April 1998
- B.A., Dartmouth College
- J.D., University of California at Berkeley, School of Law
- California