Unrivaled 2025: Michele Maryott of Gibson Dunn

You served as lead counsel for Uber in Campbell v. Uber Tech, brought by the Massachusetts attorney general alleging that Uber drivers were misclassified as independent contractors. On the eve of closing arguments in June 2024, you negotiated a favorable $148M settlement. Can you tell us about your trial strategy?

This matter was a very important one for the people of Massachusetts—riders and drivers alike—who have enjoyed the benefits of the Uber app for more than a decade.  Because the attorney general was challenging the independent contractor model, and we knew that drivers love the freedom and flexibility that model provides them, we felt like we were fighting for them.  That mindset drove our strategy from start to finish. 

Not only did we focus on demonstrating how Uber’s technology connects people who need a service with those who desire to provide it, but also on the real, everyday impact it had on people’s lives.  We were fortunate to have many drivers who wanted to testify about their experiences using the app and the positive value it brought to their lives.  And in the end, we were thrilled that the resolution of the case preserved that freedom and flexibility.
 
Can you describe a major hurdle that happened during the course of the trial, and how did you overcome it?

I’ll start with something all trial lawyers know—it wouldn’t be a trial without some surprise!  Although I wouldn’t call it an obstacle, one thing we had not quite anticipated was the number of questions the judge would ask directly to the witnesses—more than I had previously experienced in bench trials.  It was both refreshing to get glimpses into the judge’s mind and occasionally daunting because we had to quickly assess whether to read something into the question and then decide whether to adjust our questioning to address the point we thought he might be getting at.  It kept us all on our toes—in a good way.
 
When did you first know you wanted to be a trial lawyer? What clicked for you?
  
I first thought I might want to be a trial lawyer after two of my law school professors convinced me to try out for the Pepperdine trial team, and I participated in my first competition.  But I was 100% sold on being a trial lawyer after I participated in a jury trial as a second-year associate. 

I loved digging into the facts, understanding what happened and why, and then figuring out how to draw from the common human experience to tell the story in a way that would resonate with jurors.  And I believed so strongly that our client had done the right thing.  There was no question for me that I wanted to be a trial lawyer after that experience.
 
What are the major keys to winning over a jury or a judge?
  
There are so many elements that go into winning over a judge or jury, so I will just say this: Be prepared, know your audience, always wear the white hat, and be yourself.
 
What is the best advice you give young trial lawyers? 
 
“Be a ‘go-giver.’  Volunteer even if you’re not sure how to do the task—you will learn!  And remember—if at the end of the day you can say you did everything you possibly could, you’ve done your job.”