Patrick Cain, Smith, Gambrell & Russell, LLP Photo

Patrick J. Cain

Partner

More than 40 years of experience as a trusted advisor and staunch advocate for client interests across a broad range of issues.

Patrick Cain, Smith, Gambrell & Russell, LLP Photo
Patrick J. Cain

About Patrick

Patrick J. Cain focuses his practice on representing and counseling employers in all aspects of the employment relationship, with particular emphasis on employment litigation.  Pat also offers experience in a wide range of trusts and estates litigation matters.  With over 40 years of experience across a broad range of industries and legal issues, Pat is able to guide clients through complicated issues, and zealously represent them in litigation when necessary.

Pat successfully has handled all manner of labor and employment issues in both state and federal court and at both the trial and appellate level. Pat counsels clients on day-to-day employment issues including wage and hour, harassment and discrimination investigation and prevention, personnel policies and procedures, and employment separation.

In the area of trusts and estates litigation, Pat has been involved in a wide range of matters, including: will contests; challenges to donative transfers involving undue influence; and challenges to fiduciary conduct. Pat has represented both individual and corporate fiduciaries, as well as individual beneficiaries.

When not engaged in looking out for his clients’ interests, Pat enjoys travel with his spouse, Meg, including visits to their grandchildren.

Representative Matters

Employment Matters

Disability discrimination – Summary disposition for client in arbitration alleging claims of disability discrimination and wrongful termination.

Pregnancy disability discrimination – Summary disposition for client in arbitration alleging claims of pregnancy disability discrimination and wrongful termination.

Disability discrimination – Claims of disability discrimination settled for nuisance value following claimant’s deposition.

National origin discrimination – Defended international airport services company in state court action alleging wrongful termination arising from national origin discrimination.  Matter favorably settled in the face of employer’s summary judgment motion.

Disability discrimination – Defended international airport services company in state court action alleging various claims related to disability discrimination.  Jury verdict in employer’s favor on all but one count, and the minor damages on that count were set aside on a motion for judgment notwithstanding the verdict.

Age, disability, whistleblower discrimination – Defended government contract firm in state court action by terminated employee alleging various claims including age and disability discrimination and whistleblower retaliation.  Summary judgment in employer’s favor.

Trust & Estate Litigation

  • Defended successor trustee against claims by family member beneficiaries alleging mismanagement, self-dealing, and breach of fiduciary duty.  Matter successfully resolved by a complicated settlement involving 1031 real property exchanges.
  • Successful defense through a multi-day bench trial against contest of the will of a former actress, brought by one of her doctors.

General Commercial Litigation

  • Represented commercial property manager against claims of breach of non-circumvention agreement. Arbitrator found in favor of client on claimant’s claims, and further awarded client $1,000.000.00 for claimant’s failure to properly account for and pay commissions.
  • Represented seller of mobile crane business in arbitration over buyer’s refusal to pay sums due under the purchase and sale agreement.  Buyer stipulated to requested relief following depositions of buyer’s personnel.
  • Represented two doctors as claimants in multi-day arbitration against third LLC member, resulting in award in favor of claimants including an award of $150,000 in attorney’s fees and costs as prevailing parties.

Recognitions

The Best Lawyers in America®, Employment Law - Management, (2023); Litigation - Labor and Employment, (2025, 2026); Trusts and Estates, (2022-2026)

Loyola Marymount University, Distinguished Alumni Award (2016)

California Super Lawyers (2005-2016)

Credentials

Education

J.D., University of California, Los Angeles

B.A., Loyola Marymount University

Admissions

  • California
  • United States Supreme Court
  • U.S. Court of Appeals, Ninth Circuit

Organizational Involvement

Professional

American Bar Association, Member in sections on labor/employment, litigation and trusts & estates

California Bar Association, Member in sections on labor/employment, litigation and trusts & estates

Los Angeles County Bar Association, Member in sections: labor/employment, litigation and trusts & estates

Associate of Business Trial Lawyers

President of the Loyola Marymount University Alumni Association (former)

Board of Directors of the Inner City Law Center, a pro bono organization in the Skid Row section of Los Angeles (former)

Board of Regents, Loyola Marymount University (former)

Chair of the University’s Bellarmine College of Liberal Arts Advisory Board (former)

President of the Board of Directors of Alpha Sigma Nu, the honor society of Jesuit colleges and universities (former)

Thought Leadership

"The Pitfalls of Enforcing Improper Noncompetition Agreements" (Daily Journal, October 11, 2006)

"Walk Away" [constructive discharge] (Daily Journal, 'Verdicts & Settlements,' May 21, 1999)

"Clean Break" [employment separation agreements] (Daily Journal, 'The Practitioner,' September 10, 1998)

"AIDS/HIV in the Workplace" (The California Bar Journal, October 1996)

"Courts Limit Noncompete Agreements" (House Counsel, Winter 1999)

SGR News & Perspectives

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