Gail E. Mautner

Shareholder | Seattle | 206.223.7099 | mautnerg@lanepowell.com

Areas of Practice

Gail Mautner advises and litigates in two distinct areas:  (i) labor and employment law and (ii) probate, trust and guardianship disputes.

As a member of the Firm’s Trust and Estates Practice Group, working closely with her estate and succession planning colleagues, Gail utilizes her litigation background to advise institutional and individual fiduciaries and beneficiaries regarding all aspects of the probate and trust administration process. She regularly represents fiduciaries and beneficiaries in contested probate, trust and guardianship matters.

As Chair of the Firm’s Labor and Employment Practice Group, Gail advises clients regarding all aspects of compliance with federal, state and local employment law, representing clients in disputed employment matters in the courts, before administrative agencies, and in mediations. She regularly conducts on-site training for clients’ supervisors and line staff on preventing workplace harassment, ADA/FMLA requirements, religious and disability accommodation, wage and hour compliance, employee discipline and termination, and layoffs. She also works closely with her colleagues in the business transactions group, negotiating, drafting and litigating executive, noncompetition, and other employment related agreements.

Professional Experience

• Rated “AV” (highest rating) by Martindale-Hubbell
• Law Clerk, U.S. District Court for the Western District of Washington, 1982-1984

Admitted to Practice

• Washington
• U.S. District Courts for Eastern and Western Districts of Washington
• California

Academics

• University of California, Hastings College of Law (J.D., 1982), Order of the Coif
• Pitzer College (B.A., with honors, 1978)

Practice Group and Specialty Team Memberships

• Chair, Labor and Employment Practice Group
• Chair, Diversity Committee
• Fiduciary Litigation
• Financial Institutions
• Long Term Care and Seniors Housing Client Service Team
• Trusts and Estates

Publications

• “New Laws Affecting Oregon Employers in 2010,” Coast River Business Journal, January 15, 2010 (Co-Author)
• “A Brave New World: Nonjudicial Dispute Resolution Procedures Under the Uniform Trust Code and Washington’s and Idaho’s Trust and Estate Dispute Resolution Acts,” American College of Trust and Estate Counsel Journal, Fall 2009 (Co-Author)
• “Ten Things You Need to Know About 409A,” Washington CEO, October 2008 (Co-Author)

Trust and Estates Litigation Speaking Engagements

• Co-Presenter, “Virtual Representation in Trust and Estate Dispute Resolution: Opportunities and Risks,” ALI-ABA, May 2010
• “Ethics for Elder Law Attorneys,”  Washington State Bar Association, CLE Seminar, October 2009
• “Drafting and Litigating Prenuptial and Property Status Agreements,” Washington State Bar Association, Real Property, Probate and Trust Section Mid Year CLE Seminar, June 2009
• Co-Chair and Presenter, “Real Estate Issues in Probate and Trusts,” Washington State Bar Association, Sixth Annual Trust and Estates Litigation CLE Seminar, March 2009
• “Drafting and Litigating Charitable Gifts,” Washington State Bar Association, Real Property, Probate and Trust Section Mid Year CLE and “Annual Best of CLE” Seminars, June 2008 and December 2008
• Co-Chair and Presenter, “Litigating Charitable Gifts,” Washington State Bar Association, Fifth Annual Trust and Estates Litigation CLE Seminar, March 2008
• “Investments: Fiduciary Duties and Obligations,” Washington State Bar Association, Trust and Estates Litigation CLE (Spokane) and “Annual Best of CLE” Seminars, April 2007 and December 2007
• Co-Chair and Presenter, “Scope of TEDRA and Other Practice Dilemmas” and “Representing Clients With Diminished Capacity,” Washington State Bar Association, Fourth Annual Trust and Estates Litigation CLE Seminar, March 2007
• “TEDRA Fundamentals: Litigation, Arbitration and Mediation,” Estate Planning Council Annual Seminar, November 2006
• “Guardianships: When Are They Appropriate to Protect Persons with Dementia and When Do They Go Too Far and Points in Between,” Washington State Bar Association CLE Seminar, July 2006
• “Drafting and Litigating Exculpation and Indemnification Clauses in Estate Planning Documents,” Washington State Bar Association, Real Property, Probate and Trust Section Mid Year CLE and “Annual Best of CLE” Seminars, June 2006 and December 2006
• “TEDRA Fundamentals: Litigation, Arbitration and Mediation,” Washington State Bar Association, Trust and Estates Litigation CLE Seminar (Spokane), April 2006
• Co-Chair and Presenter, “Litigating Indemnification and Exculpation Clauses,” Washington State Bar Association, Third Annual Trust and Estates Litigation CLE Seminar, March 2006
• Panelist, “Facilitating Planned Giving: Legal Issues Affecting Charitable Organizations,” Washington Planned Giving Council, September 2005
• “Mama Wanted Me to Have the Teacups: The Realities of Trust and Estate Disputes,” Washington Bankers Association, Northwest Trust Conference, April 2005
• Co-Chair and Presenter, “Fiduciary Investments: Duties and Opportunities,” Washington State Bar Association, Second Annual Trust and Estates Litigation CLE Seminar, March 2005
• “Outline of Trust and Estates Dispute Resolution Act Procedures,” Washington State Bar Association, First Annual Trust and Estates Litigation CLE Seminar, April 2004

Employment Law Speaking Engagements

• “Annual Legislative and Case Law Update,” Lane Powell Annual Seminar, October 2009
• “How ‘Best Workplaces’ Legally Manage Four Generations of Challenging Employees,” Lane Powell Annual Seminar, October 2008
• “Annual Legislative and Case Law Update,” Lane Powell Annual Seminar, October 2007
• “Health Insurance and Employee Fringe Benefits,” Lorman Seminar, September 2007
• “2007 Legislative and Case Law Update,” Washington Health Care Association, May 2007
• “Annual Legislative and Case Law Update,” Lane Powell Annual Seminar, October 2006
• “Protecting Your Company’s Assets: Noncompete, Non Disclosure and Related Agreements,” Lane Powell Breakfast Seminar, May 2006
• Chair, Lane Powell Annual Labor and Employment Law Seminar, November 2005
• “Another Bad Day at the Office: Failures in the Interactive Process with the Disabled Employee,” Washington Health Care Association, September 2005
• “Practical Tips for Untangling Overlapping Leave Laws,” The Seminar Group, August 2005
• “Employment Law from A to Z,” Lorman Seminar, January 2005

Awards and Honors

• Peer Review Rated “AV” in Martindale-Hubbell
• Named as one of The Best Lawyers in America®, Labor & Employment, 2010-2011
• Named as a Washington “Super Lawyer,” Washington Law & Politics, Labor & Employment, 2003, 2005-2010 (“Top 50 Women Washington Super Lawyers,” 2007)

Professional and Community Activities

• Member, Washington State Bar Association, Labor & Employment and Real Property, Probate and Trust (“RPPT”) Sections
• Member, RPPT Subcommittee on Trust and Estate Litigation and Editorial Board of The Codicil Newsletter
• Member, Estate Planning Council of Seattle
• Member, Washington Women Lawyers
• Member, King County Bar Association, Labor & Employment and RPPT Sections
• Representative, United States Law Firm Group, Labor and Employment Law Committee
• Representative, United States Law Firm Group, Women’s Committee
• Secretary, Board of Trustees, Jewish Family Service of Seattle
• Member, Board of Trustees, Seattle Association for Jews With Disabilities Foundation
• President-Elect, Temple De Hirsch Sinai
• Founding Member, Vice President, Lawyerpalooza (nonprofit organization that sponsors annual law firm “Battle of the Bands” raising money for public school music programs)
• Pro Bono Counsel, Youth Eastside Services
• Pro Bono Amicus Curiae on behalf of Washington State Bar Association, In re Estate of Jones, 152 Wash.2d 1, 93 P.3d 147 (2004) (urging position unanimously adopted by Washington Supreme Court regarding fiduciary duties of personal representatives during probate)