Overview

Montgomery Y. Paek represents corporations and management in all types of employment litigation including actions involving:

  • The Fair Labor Standards Act (FLSA), Nevada minimum wage and overtime, and related wage and hour claims
  • Title VII of the Civil Rights Act claims for discrimination, harassment, and retaliation
  • The Age Discrimination in Employment Act (ADEA)
  • Noncompetition covenants, nonsolicitation covenants and confidential information/trade secrets

Montgomery is lead counsel in complex and contentious high stakes employment litigation in class and collective actions, injunctions for noncompete and trade secrets, discrimination and harassment, and director and officer liability. In class actions, Montgomery has represented clients in dozens of class actions from inception through successful appeal. Montgomery briefed, argued, and obtained a landmark decision before the en banc Nevada Supreme Court that established the statute of limitations for minimum wage claims in Nevada. Perry v. Terrible Herbst, Inc., 132 Nev. 767, 383 P.3d 257 (2016).

In noncompete and trade secrets cases, Montgomery has successfully argued, enforced, and prevented TROs and injunctions in cases involving c-suite executives and direct competitors against all manner of opposing counsel from hometown local firms to national Vault 100 firms.

In addition, Montgomery has experience successfully:​

  • Obtaining decertification, dismissals, and summary judgments of class action and collective action cases in their entirety
  • Enjoining and preventing emergency TROs and injunctive relief in relation to employee breaches of confidential information, solicitation, trade secrets, and noncompete agreements as well as in general commercial litigation matters
  • Prevailing on summary judgment in Title VII and commercial litigation matters
  • Prevailing on appeals and extraordinary writ relief in State and Federal appellate matters
  • Obtaining temporary and extended workplace protective orders on behalf of employers for threats of workplace violence

Montgomery has represented employers before the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court, the Equal Employment Opportunity Commission (EEOC), the Nevada Equal Rights Commission (NERC), and the Nevada Office of the Labor Commissioner. Additionally, he has represented clients in SOX whistleblowing actions before the Occupational Safety & Health Administration (OSHA), the Office of Administrative Law Judges (OALJ) at the Department of Labor (DOL), and in federal court. 

Montgomery has served as the editor-in-chief for the Labor and Employment Law Section Newsletter of the State Bar of Nevada. Prior to joining Littler, he worked as a commercial litigator for a regional law firm.

Professional & Community Affiliations

Membership Chair

Labor and Employment Law Section

State Bar of Nevada

2013-2014

Member

Federal Bar Association

President and Co-Founder

Asian Pacific American Law Student Association (APALSA)

University of Nevada, Las Vegas William S. Boyd School of Law

2004-2005

Member

Asian Bar Association of Las Vegas

Member

Clark County Bar Association

Recognition

Fellow

Litigation Counsel of America

Awarded, AV Preeminent® Peer Review Rating

Martindale-Hubbell

Named, Rising Star

Mountain States

Super Lawyers

2012-2016

Named, Legal Elite, Top Southern Nevada Attorneys

Nevada Business Magazine

2016

Named, Top Lawyers

Desert Companion

2014

News, Analysis & Press

Court Reaffirms Decision on Minimum Wage Claims

Las Vegas Sun

November 23, 2016

HP Atty Didn't Puff Up Work History, Court Finds

Law360

June 10, 2016

In Las Vegas, Korean Basketball League’s Draft Promises Money and Culture Shock

New York Times

July 24, 2015

Speaking Engagements

Employment Agreements From A to Z - Executive, Non-Compete, Arbitration Agreements, and More!

Nevada Employer Conferences, Las Vegas and Reno

September 12-13, 2018

Noncompetes and Trade Secret Protection: A Nevada Employer’s Guide to Safeguarding Your Company's Business

March 1, 2017

Recent Landmark Decisions Impacting Nevada Employers Paying the Minimum Wage: What’s Been Decided, How it Impacts You and How You Can Prepare

November 29, 2016

Nevada Wage & Hour: The Hot Topics

The 2015 Nevada Employer Conference

Littler Mendelson, Las Vegas, NV

February 24, 2015

Trend Spotting: 2011 Employment Update

Las Vegas, NV

June 23, 2011

Emerging EEO Challenges in the Coming Decade

Nevada Employer Conference - Littler Mendelson, Las Vegas, NV

November 2010

Education

  • J.D., University of Nevada, Las Vegas William S. Boyd School of Law, 2006
  • B.A., University of Nevada, Las Vegas, 1999

Bar Admission

Nevada

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, District of Nevada