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Danielle Fuschetti, Palo Alto and San Francisco Partner

Danielle Fuschetti

Palo Alto and San Francisco Partner

Phone: 650-547-5994
Email: [email protected]
LinkedIn: linkedin.com/in/danielle-fuschetti/

“The best employment law experts in the country.”
– S K
“The team at Sanford Heisler consists of great people who are not only very skillful in the legal domain, but are also wonderful human beings with the highest degree of empathy for their clients.”
– A Female Director in a Tech Company
“Although my “Dream Team” is a force to be reckoned with, at the same time, they were consistently kind, compassionate, and service-oriented when working with me. There wasn’t a moment that I didn’t feel that I was in good hands.”
– Former Client

Danielle is a Partner at Sanford Heisler Sharp and Co-Chair of the firm’s Discrimination and Harassment Practice Group.

Since joining Sanford Heisler Sharp, Danielle has been recognized in the legal community as a rising star by Law 360, SuperLawyers, and the National Law Journal, and an Outstanding Volunteer by the Bar Association of San Francisco, Justice and Diversity Center, in addition to other accolades.

At Sanford Heisler Sharp, Danielle’s practice has focused on asserting the rights of workers under wage and hour law and laws prohibiting discrimination, retaliation, and harassment. Danielle represents both individuals and classes of employees. Danielle’s notable representations have included:

  • Representing a female former employee in securing a $7.5 multimillion-dollar settlement on behalf of a class of women at Western Digital based on claims of sex discrimination and unequal pay
  • Negotiating a multimillion-dollar individual settlement for female employee at a tech company terminated in retaliation for complaining about her employer’s hostile work environment
  • Representing female employees in securing $19.5 million dollar settlement on behalf of a class of women at Qualcomm based on claims of sex discrimination and equal pay
  • Serving as co-counsel for Beth Burns, the winningest women’s basketball coach in the history of San Diego State University, in her claim for retaliatory discharge against the university, resulting in a jury verdict of over $3.3 million
  • Representing misclassified hourly employee in securing class-wide settlement on behalf of hundreds of other employees in the insurance industry based on claims of misclassification
  • Litigating a Private Attorney General Act lawsuit asserting wage and hour violations affecting thousands of sales employees through multi-phase trial against a large tech company
  • Negotiating multiple million+ dollar settlements for female attorneys who faced discrimination in pay and promotions
  • Representing multiple employees in retaliation and discrimination cases against large healthcare systems

Danielle received her law degree from the University of Michigan School of Law and her Bachelor of Arts magna cum laude from Dartmouth College. While at University of Michigan School of Law, Danielle was an Article Editor on the Journal of Gender and Law, and an editor of the Michigan Journal of Environmental and Administrative Law. She was a summer law clerk at the EEOC Office of Appeals and New Hampshire Legal Assistance, and an extern at the Center for WorkLife Law in San Francisco, where she co-authored a law review article titled A Sip of Cool Water: Pregnancy Accommodation After the ADA Amendments Act, published in the Yale Law and Policy Review.

A member of the California bar, Danielle has presented at conferences on topics that include disability rights, equal pay, and the impact of COVID-19. Danielle is also a board member of the Center for Worklife Law and a member of the California Employment Lawyers Association.

Prior to joining Sanford Heisler Sharp, Danielle was an Associate at a top-ranked global employer-defense law firm, where she gained substantial experience in legal matters affecting employees.

Education

  • J.D., University of Michigan School of Law
    • Article Editor, Michigan Journal of Gender and Law
    • Editor, Michigan Journal of Environmental and Administrative Law
  • B.A., Dartmouth College, magna cum laude

Clerkships

  • Office of General Counsel in the Appeals Division of the Equal Employment Opportunity Commission

Bar Admissions

  • California, 2013

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • 2021 Elite Trial Lawyers’ Rising Stars of the Plaintiffs Bar
  • Law360 Rising Stars 2021 – Employment Law
  • Named one of the Top 40 Under 40 Trial Lawyers in San Francisco/Oakland by the National Trial Lawyers Association
  • Northern California Super Lawyer Rising Star, 2018-20
  • CAOC Consumer Attorneys of the Year, Nominee, 2018
  • Bar Association of San Francisco, Justice and Diversity Center, Outstanding Volunteer, 2017

[T]he best employment law experts in the country

“I am pleased to write a review for Danielle Fuschetti who is among the best employment law experts in the country IMO. In working with Danielle and her team, I was impressed by the extraordinary breadth and depth of Danielle’s knowledge of employment laws and past precedents, and her ability to discern the most subtle violations of the law. She is willing to spend as much time as needed to get to the bottom of literally *anything* mentioned while talking to her. She takes the time to research and share relevant legal notes with clients to ensure everyone is on the same page. I cannot emphasize enough the high moral and ethical standards of Danielle and her team. She presents all available options to her clients and advises them as needed to let them make the most informed decisions. Danielle is very empathetic, lends a comforting hand to her clients in times of their direst needs, and works tirelessly on their behalf. Please do yourself a favor and give Danielle a call if you think you may be a victim of discrimination or harassment of any kind in your workplace. Good luck!.”
– S K

I can’t think of a better group of people to work with.

“I was terminated from my position as a leader (Director) with a large public employer because I was a woman. The process of looking for a lawyer to represent me was anxiety provoking because a good lawyer is hard to find, and an excellent lawyer is even rarer. However, excellence is exactly what I found in Sanford Heisler Sharp.

Danielle Fuschetti was lead counsel on my case; Kate MacMullin was assistant counsel; and Stephanie Smith provided administrative support. They were my ‘Dream Team.’ They each worked closely with me by guiding me through what to do and what not to do.

My case was not only complex because of all the types of claims I had, but we were dealing with representatives from the other side that were trying very hard to make things as difficult as possible for me. Danielle was strategic throughout the process by cutting through red tape, holding the other side accountable, and very thoughtful and persuasive in presenting my case and corresponding liability to the other side.

It is rare to find a lawyer that is of superior quality and intelligence, but that is what I found in Danielle. Although my “Dream Team” is a force to be reckoned with, at the same time, they were consistently kind, compassionate, and service-oriented when working with me. There wasn’t a moment that I didn’t feel that I was in good hands.

My case settled during the pre-litigation stages of the case. I am most thankful, grateful, and happy with the settlement they got me. I can’t think of a better group of people to work with.”
– Former Client

[U]nbelievable work ethic

“David Sanford and Danielle Fuschetti helped me with two cases with great results. They were attentive to detail from the first call and assisted me every step of the way with an unbelievable work ethic. It took David and every brilliant team member’s hard work to achieve a satisfactory outcome. I am forever grateful for being able to find such a great team to work with. The team at Sanford Heisler consists of great people who are not only very skillful in the legal domain, but are also wonderful human beings with the highest degree of empathy for their clients. They helped me to go through the process of a lengthy legal battle with relative ease because I was confident that they were behind me to support, to consult, to help. David exemplifies how a great lawyer and human being should behave and conduct business. The firm he built is wonderful and I would recommend anyone who has any doubt in their workplace to contact David and Sanford Heisler Sharp.”
– A Female Director in a Tech Company

Xilinx, Inc. Lawsuit

Sanford Heisler Sharp and Fitzgerald Knaier filed a $365 million lawsuit against Xilinx, Inc. (Nasdaq: XLNX) on behalf of its former Senior Vice President of Strategic Marketing and Communications, Sabrina Joseph.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. PAGA Lawsuit

The plaintiff is former Ogletree equity partner Tracy Warren, who filed the representative action on behalf of herself and other similarly situated current or former female attorneys employed in California at the storied defense-side labor and employment firm. Ms. Warren filed the action under the California Labor Code Private Attorneys General Act of 2004 (PAGA).

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Gender Discrimination Lawsuit

The complaint asserts that Ogletree uses a number of tactics to shortchange female shareholders in pay and promotions. The firm manipulates allocation of origination credits by unfairly attributing such credits to male shareholders, even when women at the firm are the ones who bring in the client.

Western Digital Class Action

This case has been settled and the class settlement is pending court approval. If the Court approves, Western Digital will make a non-reversionary payment of $7.75 million to settle class claims for gender discrimination and unequal pay for female employees.

Oracle Commissions Wage & Hour Lawsuits

Sanford Heisler Sharp has filed claims that through the use of a long and confusing set of Terms and Conditions issued to each sales representative with his or her compensation plan, Oracle unlawfully and retroactively reduced the commissions of sales representatives based on grounds, criteria, and methods not defined in a signed commission contract. The case is currently in discovery and continuing investigation.

Morrison & Foerster Gender, Pregnancy, and Maternity Discrimination Class and Collective Action

The Complaint, which is filed on behalf of three female associates currently employed at MoFo, alleges the international law firm practices systemic gender discrimination against female lawyers, particularly those who are pregnant or have children.

Overland Solutions Wage & Hour Class Action – $2.4 Million Settlement

In March 2017, Sanford Heisler Sharp filed a class action complaint on behalf of Plaintiff Martin Fletscher and other California insurance inspectors who were classified by Overland Solutions, Inc.

Qualcomm Gender Discrimination Class Action – $19.5 Million Settlement

In addition to monetary relief, the settlement requires Qualcomm to institute comprehensive programmatic relief, which will ensure that female employees working, for example, in STEM and related positions will enjoy equal job opportunities at the company. The settlement on behalf of a class of approximately 3,300 women was reached before Plaintiffs filed suit.

Daiichi Sankyo Gender Pay, Promotion, and Pregnancy Discrimination Class Action – $8.2 Million Settlement

In February 2013, six current and former female pharmaceutical sales professionals filed a $100 million class and collective action gender discrimination lawsuit against Daiichi Sankyo in the U.S. District Court for the Northern District of California, alleging discrimination in pay, promotion, and other terms and conditions of employment based on gender, pregnancy, and family responsibilities. The case was settled for $8.2 million in 2016.

Beth Burns Wrongful Termination Suit – $3.35+ Million Verdict

The popular women’s basketball head coach was terminated by San Diego State University with four years left on her new 5-year contract after the women’s Aztecs basketball team completed a record-breaking 27-win season. The institution initially claimed its decision to remove Burns was based on her actions during a 2013 home game between her Aztecs and Colorado State University, during which she had incidental physical contact with a male assistant coach on the Aztecs’ bench during the heat of the close game.

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