Hon. Gail A. Andler (Ret.)

Hon. Gail A. Andler (Ret.) joined JAMS as a full-time neutral after more than 22 years on the Orange County Superior Court where she served from 2007-2017 on the Complex Civil Litigation Panel. Judge Andler has experience across the legal spectrum including complex business, trade secret, employment, product liability, catastrophic personal injury and real estate disputes. She has managed and resolved large coordinated and consolidated product defect and injury cases in the pharmaceutical, medical device, and automotive industries, in addition to consumer and employment class actions and PAGA cases. Her time with the court also included serving two terms as the Presiding Judge of the Superior Court’s Appellate Division and she is the past President of the American College of Business Court Judges.

Prior to her appointment to the bench, Judge Andler represented individuals and closely held corporations in business and real estate litigation, including developers and design professionals. She also gained substantial jury trial experience as a prosecutor.

Judge Andler has been praised by attorneys for her commitment to finding resolution in tandem with her creativity. As a judge, she worked with parties to find common ground and create efficiencies in the legal process.

ADR Experience and Qualifications

• More than 22 years on the Orange County Superior Court
• Two terms as Presiding Judge of the Superior Court’s Appellate Division
• Developed the Early Legal Assessment program, similar to a confidential mediation offered by the courts where parties agree to having a neutral assess their case
• Served on the Orange County Superior Court's ADR Committee
• Volunteered to conduct settlement conferences at law firms when the Court was closed during the court funding crisis
• Volunteered to conduct pro bono settlement conferences for courts in two counties during COVID-19 court access limitations

Representative Matters

Employment

• Wrongful termination and discrimination lawsuit against one of the largest multinational electronics manufacturing companies in the world, based in China
• Hostile work environment, gender discrimination and retaliation claims brought against large law enforcement agency
• Employment class action on behalf of more than 1,000 sales representatives against a large electronics manufacturer alleging failure to timely pay commissions
• Employment wage and hour class actions and Private Attorney General Act (PAGA) claims brought by workers in health care, retail. restaurant, transportation, hospitality, automobile insurance, and manufacturing industries
• Employment cases involving issues of theft of trade secrets
• Employment cases involving whistleblower and retaliation claims
• Cases with claims of alleged labor code violations based on alleged employee misclassification
• Pay Equity class actions and individual mediations
• Key employee breach of employment contract mediations

Class Action/Mass Torts

MDL, JCCP mediation and allocation matters, including: 

• Data Breach and privacy claims, including consumer class action alleging the release of thousands of records of confidential medical information by defendant hospital
• Pharmaceutical and medical device cases, including allegations that pain pumps, SSRIs, pain patches, and eye drops caused serious bodily injury or death
• Multiple related claims brought against automobile manufacturer for defective engines in vehicles
• Hundreds of related claims coordinated with MDL alleging defective manufacture and design of plumbing products with related coverage and subrogation actions
• California Uniform Fraudulent Transfer Act claims to recover damages from investors who were alleged to have profited from a Ponzi scheme perpetrated against members of a tight knit ethnic community
• Home loan mortgage fraud claims, including mass action brought by more than 800 borrowers
• Food additive and nutritional supplement cases, including consumer class action against vitamin manufacturer alleging product caused male gynecomastia, and action by individual alleging microwave popcorn flavoring caused lung disease
• Tobacco and cannabis delivery products alleged to cause personal injury

Entertainment & Sports

• Breach of privacy alleged by high profile athlete against media conglomerate
• High profile cases involving claims by professional athlete against a national sports organization alleging failure to protect from sexual abuse
• Action brought by high-profile musician and actor involving a breach of contract in the purchase of stock of an international media and sponsorship company
• Action brought by athlete, barred from competing in the Olympics due to “doping”, against manufacturer of nutritional supplements
• Action by and against prominent coach of sports organization involving allegations of improper conduct by coach toward female athletes, and alleging age discrimination by organization against coach
• Action against prominent non-profit organizer of annual race alleging improper release of private information of participants
• Licensing dispute between former Olympian and prominent athlete and manufacturer/retailer of products
• Financing dispute between a sports organization and investors, with allegations of fraud
• Numerous cases across sport alleging misconduct by coaches and trainers
• Disputes between studios and filmmakers regarding release dates, marketing, and other issues
• Dispute between members of a LLC relating to a reality television show
• Dispute between parties as to entitlement to designation of Executive Producer

• Construction defect disputes involving commercial and residential developments

• Wide variety of actions alleging breach of contract or tort in commercial transactions; disputes concerning purchase and sale of business or business assets including intellectual property; Trade Secret and unfair competition litigation; partnership disputes; corporate governance disputes
• Dispute arising from the purchase of the confidential customer list and goodwill through an Asset Purchase Agreement by a national medical equipment provider where former employee allegedly improperly accessed information to compete with purchaser

• High profile environmental challenges relating to the approval of a project to redirect and pump subsurface water from the Mojave Desert involving issues of water rights
• Landslide litigation involving several homeowners against a public utility
• Inverse condemnation action following a major flood and significant property damage alleging that a city inadequately designed and maintained its storm drainage systems; inverse condemnation alleging regulatory taking prohibiting development of property; inverse condemnation by owner of coastal property for subsurface work done by utility causing vibrations and possibly increasing likelihood of landslide; business losses from Eminent Domain taking

• Eminent Domain cases involving goodwill and other damage claims by multiple businesses impacted by large transportation authority projects
• Claims by property owners of regulatory or other takings as a result of government action or inaction

Child Sexual Abuse/Misconduct

Allocations, mediations and arbitrations including:

• As a neutral, mediated and arbitrated cases ranging from allegations minors were improperly exposed to adult nudity, on one end of the spectrum, to molestation and rape on the other, including statutory rape
• Title IX hearings for colleges and universities
• SafeSport training
• Former sex crimes prosecutor 
• Former Supervising Judge of Juvenile Dependency Court presiding over a caseload of, and supervising other judges with, cases of child sexual abuse
• Trained as a CASA advocate on the impacts and signs of child sexual trauma
• As a judge heard civil cases (in addition to criminal and family) alleging coaches, teachers, spiritual leaders, and others engaged in improper sexual conduct or sexually abused minors 

• Trust litigation pertaining to substantial business interests and real estate holdings, consolidating probate and civil litigation including legal malpractice claims
• Trust litigation brought by widow in prominent family seeking to modify trust restrictions and recover damages
• Trust litigation seeking removal of trustee by siblings for self-dealing in operating trust assets

• Reimbursement disputes
• Payor-provider disputes
• Fraud and abuse/kickback allegations
• Hospital-physician and physician-medical practice disputes
• Data breach and privacy disputes

• Complex insurance coverage action arising from an underlying environmental contamination lawsuit and consent agreement to remediate
• Numerous insurance bad faith claims, including one brought by the owner of a luxury yacht for failure to cover damages occurring international waters
• Managed related multi-party cases seeking contribution and declaratory relief relating to the collapse of a large collective healthcare industry self-funded worker’s compensation program
• Subrogation cases, including coordinated cases relating to plumbing products

• Wrongful death resulting from a vehicle rollover, where plaintiff alleged improper manufacture and design of seatbelt
• Wrongful death of children struck and killed at school by driver who lost control of vehicle
• Wrongful death alleged to result from psychiatric malpractice
• Catastrophic injury to skier for collision with snow grooming machine
• Multiple plaintiff wrongful death and injury cases involving driver who ran over pedestrians at a church
• Traumatic brain injury cases, including TBI injury to minor in skateboarding accident
• Wrongful death resulting from loading dock injury
• Wrongful death relating to police pursuit
• Injuries to patients attributed to medical and dental procedures
• Sexual abuse claims against faith-based organization and schools; negligent and intentional transmission of disease; bullying; sexual harassment 
• High profile case involving allegations of conspiracy, invasion of privacy and other tort claims brought by politicians against police officer’s association and law firm

• Dispute between winery, contractor and landlord regarding construction of tasting room
• Dispute between partners to a joint venture to blend and distribute wine
• Dispute between winery as employer and employees alleging wage and hour violations

• Dispute between parties from the United States and Canada regarding the purchase and sale of a cannabis business, including complex issues relating to the licenses to cultivate, manufacture and sell cannabis products
• Dispute between the parties regarding representations made regarding the suitability of undeveloped industrial property for the construction and operation of a recreational cannabis enterprise
• Dispute between parties to the purchase and sale of a cannabis business regarding substantial compliance with the lease by tendering cash payments directly to the property owner rather than through the lessor to secure the right to occupy the premises; additional disputes between the parties concerning merchantability due to water quality and pesticides
• Dispute between the parties alleging misrepresentations as to the status of licenses and permits for a local retail operation 
• Special Master in MDL and state coordination for allocation of attorneys' fees in proceedings related to vaping products

• Adjudicated and mediated disputes regarding fee sharing between lawyers as well as attorney-client fee disputes
• Mediated disputes involving allegations of unconscionable or illegal fees and violations of the Rules of Professional Conduct