Ashley Prickett Cuttino

Shareholder Greenville

Ashley concentrates her practice in management-side employment litigation, including defending claims against wage and hour, discrimination, wrongful discharge, and breach of contract.  She also has a broader general litigation practice that has allowed her to defend clients in complex toxic tort actions, class actions, asbestos personal injury defense, construction defect cases, and FELA claims for railroad clients.  Ashley’s specialty is complex litigation, class actions and multi-plaintiff litigation. She also advises clients in the area of traditional labor law and has defended both small businesses and national companies in their effort to be union-free.

Ashley is experienced in e-discovery, the use of emerging technologies in the workplace, and developing records retention policies.  She is a member of the Steering Committee for the Records Retention and E-Discovery Practice Group of Ogletree Deakins.  Ashley regularly conducts in-house training and speaks to legal and human resource professionals on such relevant topics as E-Discovery Issues in Employment for clients, human resource professional groups, and fellow attorneys.

Ashley is also a member of the Steering Committee for the firm’s Data Privacy Group.  Ashley helps employers draft and develop data privacy, technology and data security policies. Ashley also advises clients about the data security aspects of human resource related policies, including BYOD policies, background check privacy issues, and social media privacy issues.  She also handles litigation associated with data breaches.  Ashley was a member of the legal team involved in Vietnam Veterans of America, Inc., et al. v. R. James Nicholson, et al. which, at the time, was the largest class action in the data privacy area with over 28,000,000 members.

In addition to her litigation practice, Ashley counsels employers and provides training on various employment issues that they face each day, including medical and disability issues, privacy concerns, and all forms of workplace policies. She negotiates and drafts employee-related agreements, including employment agreements and separation and release agreements—all with an eye toward providing her clients the business results they seek, coupled with the strongest legal protections possible.

Ashley is also actively involved in raising the profile of women in her own firm, in the legal community and in her local community.  Ashley is the Co-Chair of the Ogletree Deakins Women’s Initiative, is a member of the Board of Directors of the South Carolina Women Lawyers Association, and is Past-Chair of the Greenville YWCA.


Experience

Ashley has defended both small businesses and national companies. Ashley represented the Governor of South Carolina and the South Carolina Director of Labor, Licensing and Regulation in a lawsuit brought by the International Association of Machinists and Aerospace Workers (IAM) in both the S.C. District Court and prevailed before the Fourth Circuit Court of Appeals.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • South Carolina Bar Association (Practice and Procedure Committee – E-Discovery Subcommittee; former member of Social Networking Taskforce)
  • Greenville Bar Association
  • South Carolina Women Lawyers (State Board Member; former Co-Regional Representative for Greenville)
  • S.C. Defense Trial Attorneys Association (Labor and Employment Committee)
  • Society for Human Resource Management
  • National Association of Women Lawyers
  • Graduate, South Carolina Diversity Leaders Initiative Upstate Class XIV
  • International Association of Privacy Professionals
  • Life Fellow of the American Bar Foundation

  • Clemson University (Board of Visitors)

  • Greenville Magazine Legal Elite 2016 (Labor and Employment)

Community Involvement:

  • South Carolina Code of Conduct Task Force (appointed by Governor Haley) (2014-2015)
  • YWCA of Greenville (Board Chairman 2013-2014; Board Member 2011-2014)
  • Executive Leadership Team - American Heart Association, Heart Walk Greenville Chapter (2012-2014)
  • Clemson Club of Greenville (Board Member)
  • Big Brothers Big Sisters of the Upstate (former Board Member)
  • Paris Elementary School PTA – Watch D.O.G.S. (Chairman 2013-2014)

Speeches:

  • South Carolina Healthcare Human Resources Association - ''Social Media in the Medical Community'' - Columbia - October 2015
  • SC SHRM Annual State Conference - ''Data Privacy & Security: Why Does HR or a GC Care'' - Myrtle Beach - October 2015
  • Ogletree Deakins 2015 Workplace Strategies - ''Avoiding a Data Breach Nightmare: From Prevention Through Litigation'' - San Antonio - May 2015
  • Ogletree Deakins Seminar - ''Trick or Treat? Avoiding e-Skeletons in Your Company’s Electronic Closet'' - Las Vegas - May 2014
  • Association of Corporate Counsel - ''Creating an Effective and Flexible Work Environment'' - Greenville - February 2014
  • Human Resources Law Update - ''Creating an Effective and Flexible Work Environment'' - Greenville - February 2014
  • Carolinas AGC 2013 HR/Safety Conference - ''Surviving the Perfect Storm: New Legislative Regulatory & Court Challenges for Contractors'' - Concord - September 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''Avoiding Rakes: Emerging Professional Responsibility Issues in Employment Litigation'' - New Orleans - May 2013
  • Association of Corporate Counsel - ''What Can be Expected from Congress, the Courts & the Agencies in 2013'' - Greenville - February 2013
  • SC SHRM Annual State Conference - ''How HR Professionals Can Manage and Control Technology in an E-Discovery World'' - Myrtle Beach - September 2012
  • Upstate Employers Network Mid-Year Update - ''Social Media, Workplace Rules and Beyond'' - Greenville - August 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Cyber Employees - The Legal and Practical Challenges of the Virtual Employee'' - Phoenix - May 2012
  • Carolinas AGC - ''I Just Got a Notice of Charge from the EEOC . . . Now What do I do?'' - Myrtle Beach - April 2012
  • WCI HR Forum - ''Employment Law Briefing'' - Asheville - May 2011
  • South Carolina Defense Trial Attorneys Association Corporate Counsel Seminar - ''How Employee Blogs, Social Networks, Virtual Worlds, Texting & the Use of PDAs Impact Employment Law & the Workplace'' - Columbia - April 2011
  • 2011 Human Resources Law Update - ''Legal Issues with Social Media'' - Greenville - March 2011
  • Excellence in Business, Powdersville Business Council of the Easley Chamber of Commerce - ''Employment Law 101: Your Hot Topic Questions Answered'' - Powdersville - February 2011
  • Spartanburg Development Association Year-End HR Briefing - ''Legal Issues with Social Media'' - Greer - December 2010
  • Greenville Technical College/Greenville Area Personnel Association Certificate in Employee Relations Law Series - ''The Invisible Paper Trail: Protecting Employee Information, Identity Theft, The New “E-Discovery” Rules and Other Technology Issues In the Work Place'' - Greenville - December 2009
  • South Carolina Defense Trial Attorneys Association - ''E-Discovery Issues in Employment'' - Greenville - August 2009
  • 2009 Human Resources Law Update - ''HR Department Audits: A Critical Tool for Preparing for and Limiting Exposure'' - Greenville - February 2009
  • Greenville Technical College/Greenville Area Personnel Association Certificate in Employee Relations Law Series - ''The Invisible Paper Trail: Protecting Employee Information, Identity Theft, The New “E-Discovery” Rules and Other Technology Issues In the Work Place'' - Greenville - December 2008
  • 2008 Human Resources Law Update - ''Protecting Employee Information, Identity Theft, ‘E-Discovery’ Rules, and Other Technology Issues in the Workplace'' - Greenville - March 2008
  • Greenville Technical College/Greenville Area Personnel Association Certificate in Employee Relations Law Series - ''The Invisible Paper Trail: Protecting Employee Information, Identity Theft, The New “E-Discovery” Rules and Other Technology Issues In the Work Place'' - Greenville - December 2007
  • 2007 Corrections Technology Conference - ''E-Discovery Forum'' - May 2007
  • 2007 Human Resources Law Update - ''HR Department Audits: A Critical Tool for Preparing for and Limiting Exposure'' - Greenville - February 2007
  • 2007 South Carolina Bar Convention - ''E-Discovery: What You Need to Know'' - Charleston - January 2007
  • Ogletree Deakins Client In-House Counsel Training - ''E-Discovery: What You Need to Know'' - Greenville - January 2007
  • Ogletree Deakins In-House Training - ''E-Discovery: What You Need to Know to Help Our Clients'' - Greenville - December 2006
  • South Carolina Employment Law Update - ''E-Discovery: Save It or Waive It'' - Greenville - September 2006
  • Harris Teeter - ''E-Discovery: Save It or Waive It'' - Charlotte - September 2006
  • Greenville Bar Association - ''Welcome to the 21st Century'' - Greenville - June 2006
  • 2006 Human Resources Law Update - ''Welcome to the 21st Century: Managing Technology in the Workplace'' - Greenville - February 2006
  • Sew EuroDrive - ''How to do it Right: Workplace Investigations'' - Greenville - October 2005
  • Ogletree Deakins In-House Training - ''Special Considerations for Electronic Discovery in Employment Cases'' - Greenville - August 2005
  • 2005 Human Resources Law Update - ''Workplace Investigations and Government Inspections'' - Greenville - June 2005
  • Carolinas AGC - ''Employer Obligations'' - November 2004
  • Carolina AGC - ''Labor and Employment Training''
  • Sterling - ''Defamation and Invasion of Privacy in the Workplace'' - Greenville - December 2003
  • Clemson Youth Learning Institute - ''Sexual Harassment in the Workplace'' - Clemson - November 2003
  • Carolinas AGC - ''Employer Obligations'' - July 2003
  • Sterling - ''Hiring Qualified Employees: The Right Way and The Wrong Way'' - June 2003
  • Carolinas AGC - ''Fair Labor Standards Act and Family Medical Leave Act'' - April 2003
  • Carolinas AGC - ''Labor and Employment Training'' - March 2003

Published Works

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Our Insights

Media

Media Quotes

December 23, 2015 - Legaltech News - "6 Ways Your Smartphone Could Get You Into Legal Trouble"
March 2014 - South Carolina Lawyer - "An Employer's Guide to Navigating the Payment of Wages and Garnishments"

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