Advocating For The Rights Of Southern California Employees Since 2007

H. Scott Leviant

  • Senior Counsel

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Practice Areas:

  • Wage and Hour
  • Class Action
  • Appellate

Biography

H. Scott Leviant is a Senior Counsel at Moon Law Group. Mr. Leviant is a civil litigator with over two decades of experience handling complex and class action matters. His practice involves labor and employment class action lawsuits involving various violations of the California and federal labor laws. He has extensive experience litigating in both federal and state courts.

Mr. Leviant received his undergraduate degree from Occidental College, Los Angeles, cum laude where he majored in Economics and received a “minor” emphasis in Mathematics. Along with his study of Economics and Mathematics, he also had an emphasis in Physics. This combination of scientific and economic education has been a tremendous boon during his litigation of civil actions. Mr. Leviant attended law school at the University of Southern California Law Center and received his Juris Doctorate degree.

Notable Cases and Results:

Mr. Leviant has obtained several published appellate decisions, including Troester v. Starbucks Corporation, 5 Cal. 5th 829 (2018), as modified on denial of reh’g (Aug. 29, 2018), which held that California does not incorporate the federal de minimis defense into state wage & hour obligations, Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. Jan. 29, 2019), which confirmed that job applicant background check disclosures must consist solely of a clear and conspicuous disclosure with absolutely no other content, Ghazaryan v. Diva Limousine, Ltd. 169 Cal. App. 4th 1524 (2009), which reversed a denial of class certification and obtained an Order of the Court of Appeal directing certification of the proposed class, Laliberte v. Pacific Mercantile Bank, 147 Cal.App.4th 1 (2007), which reversed an adverse trial court ruling and reaffirmed the expansive nature of the “community of interest” concept in California class actions, Johnson v. Glaxosmithkline, Inc., 166 Cal.App.4th 1497 (2008), as modified (October 14, 2008), rev. denied, which reversed an adverse trial court ruling and questioned the rationale and viability of Alvarez v. May Dept. Stores Co., 143 Cal.App.4th 1223 (2006), and Gillings v. Time Warner Cable LLC, 583 Fed.Appx 712 (9th Cir. 2014), reversing a grant of summary judgment in a wage & hour class action suit.

Education

  • University of Southern California Law Center, Los Angeles, California
    • Juris Doctorate
  • Occidental College, Los Angeles
    • Honors: cum laude
    • Major: Economics
    • Major: Physics
    • Minor: Mathematics

Honors

  • Selected for inclusion in Southern California Super Lawyers, Rising Stars Edition, 2009
  • Selected for inclusion in Southern California Super Lawyers, 2012 - 2019

Bar Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 9th Circuit
  • California

Classes & Seminars

  • Policing the Workplace: Advanced Seminar on PAGA Actions and Retaliation Claims, Labor and Employment Law Section of the Los Angeles County Bar Association (January 25, 2014)
  • The Year in Review – Staying Abreast of Current Cases, Consumer Attorneys of San Diego Class Action Symposium (October 14, 2011)
  • Strategies for Settlement of Individual and Wage & Hour Class Actions, Bridgeport’s Eighth Annual Wage & Hour Litigation Conference (December 16, 2011)
  • Concepcion v. AT&T and Derivative Wage & Hour Claims, Bridgeport’s Mid Year Wage & Hour Litigation Conference (June 3, 2011)
  • Advanced Principles: UCL Remedies and Defenses, 20th Annual Golden State Antitrust and Unfair Competition Law Institute (October 21, 2010)
  • Refining Your Wage and Hour Practice, 2010 CELA Annual Conference (October 2, 2010)
  • Word v. WordPerfect Software, Tips, Tools and Tricks: Legal Technology for Plaintiffs Employment Lawyers (September 30, 2010)
  • California’s 17200 — Its Use and Abuse, Federalist Society (May 19, 2010)
  • 20 Tips for Successful Navigation of e-Discovery Requirements, Los Angeles County Bar Association’s Thirtieth Annual Labor and Employment Law Symposium (March 31, 2010)
  • Social Networking for Lawyers: A Roadmap to Success, Los Angeles County Bar Association’s 2nd Annual two-day 2009 Small Firm and Solo Practitioners Conference: MISSION POSSIBLE (June 25, 2009)
  • A Seminar Overview of the Current State of Employment Law, The Westchester/LAX/Marina Del Rey Chamber of Commerce (February 23, 2006)

Published Works

  • H. Scott Leviant and Lilit Ter-Astvatsatryan, Where Troester Stops Not Even Troester Knows, Daily Journal (Los Angeles), July 2, 2019
  • H. Scott Leviant and Lilit Ter-Astvatsatryan, Unaccounted Time: Reading the Tea Leaves of Troester, Daily Journal (Los Angeles), September 12, 2018
  • H. Scott Leviant & Dennis Moss, Class actions: One step forward after two steps back, Daily Journal (Los Angeles), January 11, 2012
  • Arbitration: A Look Back, a Look Ahead, Daily Journal (Los Angeles), December 28, 2010
  • Witnesses Cannot Hide, Daily Journal (Los Angeles), April 21, 2010
  • H. Scott Leviant & Linh Hua, Legislature Using Purse Strings to Bind Judiciary, Daily Journal (San Francisco), March 15, 2010
  • Wrongfully Recused?, Daily Journal (Los Angeles), December 2, 2009
  • When Courts Disagree, Daily Journal (Los Angeles), November 10, 2009
  • Divide and Conquer: The New Paradigm of Class Action Defense?, FORUM, January/February 2009
  • Class Action Appellate Report, FORUM, January/February 2009 – (Ongoing column)
  • A Bad Meal Deal: ‘Brinker’ Gets the Incentive Question Wrong, Daily Journal (Los Angeles), August 6, 2008
  • Cutting Class, Daily Journal (Los Angeles), April 15, 2008
  • H. Scott Leviant & Jason E. Barsanti, Maximize Recovery in Unpaid Wage Cases, FORUM, January/February 2008
  • Leveling The Playing Field, Daily Journal (Los Angeles), May 4, 2007
  • Mike Arias, H. Scott Leviant & Louis Pacella, Electronic Evidence: No Longer an Optional Element in a Comprehensive Litigation Plan, ADVOCATE, April 2006
  • Improving Rule 12(b)(6) Survival Odds: Some Considerations For Effective RICO Pleading, CIVIL RICO REPORT (April 26, 2000)

Representative Cases

  • Troester v. Starbucks Corporation, 5 Cal. 5th 829 (2018)
  • Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. Jan. 29, 2019)
  • Ghazaryan v. Diva Limousine, Ltd. 169 Cal. App. 4th 1524 (2009)
  • Laliberte v. Pacific Mercantile Bank, 147 Cal.App.4th 1 (2007)
  • Johnson v. Glaxosmithkline, Inc., 166 Cal.App.4th 1497 (2008)
  • Alvarez v. May Dept. Stores Co., 143 Cal.App.4th 1223 (2006)
  • Gillings v. Time Warner Cable LLC, 583 Fed.Appx 712 (9th Cir. 2014)

Professional Associations

  • Selected for inclusion in Southern California Super Lawyers, Rising Edition, 2009
  • Selected for inclusion in Southern California Super Lawyers, 2012 to 2019
  • Consumer Attorneys of California (“CAOC”), Member of the Board of Governors, 2009 to 2011