Thought Leadership & Legal Analysis

Four decades of courtroom experience distilled into insights on employment law, mediation strategy, and the future of dispute resolution.

Challenging "Trial by Formula": Rejected and $15M Overtime Judgment Overturned.

In her landmark analysis of Duran v. U.S. Bank National Association, Diane championed the rights of employers to due process — articulating why statistical sampling to determine liability for a large class of employees is both statistically unsound and legally unjust.

“When we reduce individuals to statistical averages, we abandon the very principle that makes our legal system just.”

FEATURED ANALYSIS

Duran v. U.S. Bank National Association

Employment Law / Class Certification / Due Process

Analysis & Commentary

Perspectives on employment law, mediation practice, and dispute resolution strategy.

MEDIATION STRATEGY

The Art of the
First Session

Why the first ninety minutes of mediation determine whether parties will find resolution — and how to set the right tone from the start.

CLASS CERTIFICATION

Beyond the
Numbers Game

A critical examination of how class certification standards have evolved and what it means for individual employee rights in large-scale disputes.

DUE PROCESS

Protecting the Right
to Be Heard

Due process isn’t a technicality — it’s the foundation of just outcomes. How employers and employees both benefit when individual rights are preserved.

WORKPLACE LAW

When Negotiation
Beats Litigation

The hidden costs of courtroom battles and why sophisticated parties increasingly choose mediation as their first — not last — resort.

Selected Publications

Peer-reviewed articles, conference presentations, and invited commentary spanning four decades of employment law practice.

2024

"Trial by Formula" — A Statistical Fallacy in Class Certification

Los Angeles County Bar Association · Employment Law Journal

2023

Mediation as First Resort: Changing the Litigation Culture

California Dispute Resolution Council · Annual Conference

2022

Wage & Hour Disputes: The Case for Early Intervention

Southern California Mediation Association · White Paper

2021

Confidentiality in Mediation: Balancing Transparency & Trust

ABA Section of Dispute Resolution · Panel Presentation

2019

Executive Employment Agreements: Navigating the Grey Areas

California Employment Lawyers Association · Keynote

The law evolves when practitioners write, speak, and challenge — not when they stay silent.

Attorney · Mediator · 45 Years of Practice

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