R. Craig Scott

Nancy Rader Whitehead
Practice Specialties

Employment Litigation

Ms. Whitehead's thirty years of experience as a litigator have earned her the highest "AV" rating from her peers in the Martindale-Hubbell attorney rating system, as well as the respect and appreciation of the Firm's clients. Ms. Whitehead is responsive to the business concerns presented by employment litigation for both large and small companies, and vigorously pursues the optimal resolution of the matter, whether it is by mediation, arbitration, settlement, summary dismissal or trial.

Ms. Whitehead frequently negotiates defense settlements for amounts well below the cost of defending the action, and below the settlement amount which is authorized by her clients, and has often resolved cases for nominal amounts.

Some examples of Ms. Whitehead's litigation experience are:

Obtained a defense jury verdict after a five week trial in a disability discrimination and sexual harassment retaliation case, in which the jury deliberated for only three hours. For the same client, Ms. Whitehead has successfully obtained summary judgments in the four other employment-related matters brought against the company, for a total of five defense decisions in five litigated matters.

Represented the Orange County Sanitation Districts in a lawsuit brought by a very senior executive who claimed he was wrongfully discharged. The executive's case attracted the attention of a well-known employee-rights law firm who played to the sympathies of the press and jury during trial. On appeal, the executive's termination was upheld and the public agency paid nothing in damages.

Medical Practices

Ms. Whitehead's experience representing more than fifty medical groups and health-related companies provides her with a unique perspective and a special understanding of the employment-related legal needs of medical practices. Ms. Whitehead's medical group clients range from single-physician practices to large, multi-office groups with hundreds of employees. She has extensive experience representing physician and health industry companies in giving employment-related advice, and in litigation, including drafting and implementing personnel policies and employee handbooks, advising on day-to-day employment-related legal issues and defending physicians in wrongful termination, discrimination and sexual harassment claims. Ms. Whitehead's experience with healthcare providers includes:

Representing physician groups in protecting against breach of non-compete or non-solicitation agreements by a departing doctor. This includes drafting employment and severance agreements and bringing actions to enforce those agreements when necessary.

Counseling physicians and administrators in investigating and responding to claims of sexual harassment brought by employees and/or patients, including representing the physician in the litigated matters.

Business Litigation

Ms. Whitehead also has extensive experience as a business litigator, including partnership and contract disputes and trade secret litigation.

These are typical of the business litigation matters Ms. Whitehead handles :

Numerous actions representing companies and individuals, both plaintiffs and defendants, in injunction actions to restrain the use of trade secrets and confidential information.

Successfully representing a company in an arbitration action brought by a former outside manufacturer's sales representative for alleged failure to pay sales commissions.

After a jury trial, achieving a successful resolution of a matter involving a real estate mineral rights dispute between partners.

Non-Profit Associations

Since its inception, Scott & Whitehead has taken pride in its representation of non-profit corporations, and Ms. Whitehead's involvement as the Secretary on the Board of Directors of a Santa Ana non-profit provides her with special insight into the needs of non-profit organizations. Churches, small and large private schools, private social services agencies, and cultural and arts organizations, to name a few, have benefited from Ms. Whitehead's individualized attention and understanding of the needs of non-profits. Ms. Whitehead recognizes that efficiency, business-awareness and client satisfaction are as important for its non-profit clients as for those in the traditional profit-based practice. Here are examples of the nature of Ms. Whitehead's non-profit practice:

Representing a non-profit in exiting a high-profile, long term Executive Director, including drafting and negotiating a severance package and counseling the organization on handling media inquiries.

Drafting human resources policies and procedures and assisting the non-profit administrative personnel to implement those policies.