Kyle D. Smith

Background

I’m a senior attorney at Melmed Law Group P.C., where I represent employees in wage-and-hour disputes⁠—⁠including complex class actions and PAGA matters⁠—⁠handling cases from intake through judgment. For the past decade my practice has centered on representing plaintiff-employees throughout California, in both state and federal court. I’ve worked on hundreds of employment cases and know the strategic, procedural, and practical issues that come up in class and representative litigation.

Much of my career has focused on written advocacy, handling both complex motion work at the trial level and on appeal. I earned my JD from UCLA School of Law in 2011⁠—⁠the same year I passed the California Bar⁠—⁠where I served as Managing Articles Editor of the UCLA Journal of Law & Technology and as a Managing Editor of the UCLA Journal of Environmental Law & Policy. During law school I externed for the Chief Judge of the U.S. Court of Appeals for the Ninth Circuit.

Dispute-Resolution Training

I completed the week-long “Mediating the Litigated Case” program at Pepperdine Caruso School of Law’s Straus Institute for Dispute Resolution⁠—⁠training built specifically for neutrals handling matters already in litigation. I’ve also earned the Advocate designation through the National Institute for Trial Advocacy (NITA), with advanced, learn-by-doing training in depositions and trial skills.

Having attended hundreds of mediations, I know what it takes to be a good mediator and, just as important, what wastes everyone’s time. The best neutrals don’t shuttle offers between rooms; they engage with the merits, find the overlap, and give each side an honest read on value and risk. That is the kind of mediator I aim to be.

Writing

In my free time (when I can find it) I enjoy writing on various topics relevant to California employment cases. I’ve written roughly sixty plain-English explainer articles on California employment law that have drawn millions of readers, and I’ve submitted letters to the California Supreme Court on key employment questions, including in Fuentes v. Empire Nissan, Inc. and Leeper v. Shipt, Inc.

How This Informs My Mediations

Knowing how these cases are valued⁠—⁠and where they tend to get stuck⁠—⁠lets me push a negotiation toward a realistic number instead of carrying offers back and forth. I serve as a neutral, not as anyone’s advocate, and I don’t accept any matter in which I have a conflict or have litigated for or against a party. You can read more about how I approach a mediation.

Off the Clock

I grew up across the Southwest before law school brought me to California, where I live in Irvine with my wife and our three daughters. Most of my time outside work is spent chasing them around⁠—⁠which, as it turns out, is its own kind of negotiation training.

When I get a quiet hour, I write. I’m also an unapologetic science-fiction nerd, in print and on screen. I like building my own computers, websites, and automations. And I still go to shows whenever I can (mostly the mid-2000s indie-folk acts I grew up on).