MOWER, CARREON & DESAI, LLP

AASHISH Y. DESAI

Mr. Desai was born in Chicago, Illinois but was raised in Texas.  Mr. Desai received his Bachelor of Arts in Economics from the University of Texas in Austin in 1991 and went on to obtain his Juris Doctorate from the University of Houston Law Center in 1996.  He was a W.W. Watkins Advocacy Scholar, received the American Jurisprudence Book Award in Contracts and was a member of the elite mock trial and moot court group, The Advocates.

For two years, Mr. Desai served as Adjunct Professor at Chapman University School of Law teaching Legal Research and Writing (2004 - 2006).  In 2005, 2006, and 2007, Mr. Desai was selected by his peers as a “Rising Star” in Class Action Litigation by Super Lawyers Magazine by Thompson Reuters, a comprehensive listing of 2.5% of the “Best Young Lawyers in Southern California.”

Mr. Desai was previously associated with a prominent defense firm in Orange County working on professional liability, surety and complex business litigation.  As a name partner of Mower, Carreon & Desai, LLP, he primarily handles class and collective actions involving state and federal wage and hour law, antitrust law, consumer fraud actions, nationwide securities actions, lender liability matters, and unfair business practices.

Mr. Desai has achieved note in his successful representation of hundreds of loan officers and processors in wage and hour disputes with their mortgage lending companies throughout California.  He has also successfully litigated a host of personal injury actions involving automobile negligence, professional malpractice, HMO liability, product defects and employment law.  In 2005, Mr. Desai obtained a landmark judgment for in a FLSA overtime class action.  The case, which is on appeal with the Ninth Circuit, nevertheless made headlines because it set a standard for how fees are calculated when defense counsel unnecessarily obstructs the litigation and refuses to settle until the bitter end.  Parks v. Eastwood Insurance, Inc., 2005 WL 6007833 (C.D. Cal. 2005).

Mr. Desai frequently speaks as a panelist at seminars on class action law and procedure for the National Business Institute, the Orange County Employment Bar Association, the California Employment Lawyers Association, and other organizations.  He has also written numerous articles on the subject of class and collective actions, including the following select list:

1. •Pickoff Moves.pdf, Los Angeles Lawyer Magazine (Cover Story September 2009)
   

2. •Class Confusion Article.pdf, Los Angeles Daily Journal (August 25, 2009)
   

3. •Confirmation Class -- Settlement Issues.pdf, Los Angeles Lawyer (July - August 2008)
   

4. •Defendants Bear a Heavy Burden to Prove the Amount in Controversy under the Class Action Fairness Act of 2005.pdf, Orange County Lawyer Magazine, Volume 49, No. 11 (Nov. 2007)
   

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6. •Late to Class-What to do with Untimely "Opt-In" Forms in Collective Class Actions.pdf, Orange County Lawyer Magazine, Volume 48, No. 12 (December 2006)
   

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8. •Striking the Answer to Class Actions is Easier than You Think!.pdf, Orange County Lawyer Magazine, Volume 48, No. 6 (June 2006)
   

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10. •A Solution in Search of a Problem - The Class Action Fairness Act of 2005, Texas Business Litigation, Business Torts (Spring 2005)
    

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12. •The Class Action Fairness Act.pdf, Orange County Lawyer Magazine, Volume 47, No. 7 (July 2005)
    

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14. •Master of the Complaint - The Role of Class Counsel, Orange County Lawyer Magazine, Volume 46, No. 8 (August 2004)
    

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16. •Class Action Arbitration - Commentary, The Federal Lawyer, Volume 51, No. 6 (July 2004)
    

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18. •The Nuts & Bolts of Class Counsel's Motion to Remand - Emerging Issues.pdf, Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 5, No. 12 (June 25, 2004)
    

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20. •Class Action Arbitration - The Chickens Come Home to Roost.pdf, Orange County Lawyer Magazine, Volume 46, No. 3 (March 2004)
    

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22. •“Bazzle” Confounds Arbitration Agreements and Class Actions, Los Angeles Daily Journal, (Feb. 20, 2004)
    

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24. •FLSA Overtime Class Actions and Liquidated Damages, Orange County Lawyer Magazine, Volume 45, No. 11 (November 2003)
    

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26. •Federal Class Action Overtime Cases - Can You Really Get Double Damages?.pdf Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 17 (Sept. 12, 2003)
    

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28. •The Nine-Month Rule and Punitive Damages for Health Care Professionals.pdf, Orange County Lawyer Magazine, Volume 45, No. 8 (August 2003)
    

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30. •Procedural Rule Shouldn’t Bar Meritorious Punitives Claims, Los Angeles Daily Journal, (June 3, 2003)
    

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32. •Litigating Federal Class Action Overtime Cases - A Primer, Forum Magazine, Volume 33, No. 1 (Jan/Feb. 2003)
    

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34. •Analysis & Perspective - Fees in Class Actions Wage Hour & Leave Report, Bureau of National Affairs, Inc., Volume 2, No. 1 (Jan. 17, 2003)
    

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36. •Analysis & Perspective - Employment Class and Collective Actions Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 4, No. 1 (Jan. 10, 2003)
    

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38. •Legislative Attorneys' Fees Under the FLSA-The Trump Card.pdf, Orange County Lawyer Magazine, Volume 44, No. 11 (November 2002)
    

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40. •Fee-Shifting in Overtime Wage Statute Trumps Contract’s Attorney - Fee Clause, Los Angeles Daily Journal, (October 21, 2002)
    

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42. •The Discovery Problem Orange County Lawyer Magazine, Volume 44, No. 8 (August 2002)
    

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44. •Discovery in Overtime Class Actions Often is Prevented Before Certification, Los Angeles Daily Journal, (July 25, 2002)
    

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46. •Analysis & Perspective - The Discovery Conundrum in Fair Labor Standards Act Collective Actions.pdf Class Action Litigation Report, Bureau of National Affairs, Inc., Volume 03, No. 13 (July 12, 2002)
    

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48. •Analysis & Perspective - Class Action Overtime Cases Class Action Litigation Report, Bureau of National Affairs, Inc, Volume 03, No. 04 (February 22, 2002)
    

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50. •Wage & Hour Compendium of Overtime Pleadings and Documents (Third Edition) (2003)
    

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52. •Revenge of the Wage Slave - Class Action Overtime Cases.pdf, Orange County Lawyer Magazine, Volume 43, No. 11 (November 2001)
    

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54. •Class Clout - Attorneys Should Not Overlook Federal Overtime Law Los Angeles Daily Journal (November 8, 2001)
    

As a name partner of Mower, Carreon & Desai, LLP, Mr. Desai primarily handles class and collective actions involving antitrust law, state and federal wage and hour law, consumer fraud actions, nationwide securities actions, lender liability matters, and unfair business practices.  He is a member of the Association of Trial Lawyers of America, California Employment Lawyers Association, American Bar Association, Consumer Attorneys of California, Orange County Bar Association, and the Orange County Legion Lex Inns of Court - Chapter No. XCIII.