Cases
Experience: Employment Class, Collective,
Representative Actions: Ongoing defense of Fortune 50 retailer in California Labor Code Private Attorney General Act (PAGA) representative action regarding alleged violations of Wage Order temperature provisions.
Ongoing defense of startup manufacturing firm in wage
hour class
PAGA representative actions alleging inaccurate wage statements, unpaid wages, unpaid overtime, failure to provide meal breaks, failure to provide rest breaks, failure to provide cooldown periods, failure to pay premium wages, inadequate recordkeeping, failure to timely pay wages during employment, inadequate wage theft notice, waiting time penalties, failure to pay vacation upon separation, failure to reimburse business expenses, failure to reimburse for uniform deposits,
violations of paid sick leave laws.
Ongoing defense of luxury retailer in class
PAGA representative action asserting security line
rounding-related claims, including unpaid overtime
minimum wages, failure to provide meal
rest periods, wage statement violations, waiting time penalties, unreimbursed business expenses.
Ongoing defense of international accessory retailer
in class
PAGA representative action asserting claims arising from alleged miscalculation of regular rate of pay regarding shift differential pay, including unpaid wages, waiting time penalties, meal premium payments,
penalties.
Ongoing defense of international footwear retailer in class
PAGA representative action asserting claims for failure to pay minimum
overtime wages, failure to provide meal
rest breaks, recordkeeping violations, failure to reimburse business expenses, failure to provide accurate itemized wage statements,
failure to pay all wages at termination.
Ongoing defense of national retailer in class
PAGA action asserting claims for failure to pay minimum
overtime wages, failure to provide meal
rest periods, failure to authorize recovery periods, failure to provide accurate itemized wage statements,
failure to pay all wages at termination, alleged on a joint employer theory.
Ongoing defense of West Coast jewelry retailer from wage
hour
PAGA claims for alleged failure to pay vacation wages, failure to pay sick time, failure to provide meal
rest breaks, unlawful deduction of wages, failure to pay regular
overtime wages, failure to provide compliant wage statements, failure to pay wages at termination,
violations of California's Unfair Competition Law.
Defended Fortune 50 retailer in PAGA representative action regarding alleged violations of Wage Order suitable seating provisions.
Defended Fortune 50 retailer in class action regarding meal break
unpaid overtime class claims
member of federal jury trial team.
Defended online recruiting agency from related federal putative Rule 23 class action, representative PAGA action, individual arbitrations asserted by 25 plaintiffs
follow-on individual action, each alleging improper commission plan resulted in failure to pay regular
overtime wages, failure to provide m
atory meal
rest breaks, failure to provide accurate wage statements, failure to pay wages at termination,
violations of California's Unfair Competition Law.
Defended massage boutique from putative class
PAGA claims regarding misclassification as independent contractors, failure to provide meal
rest breaks, failure to pay overtime, regular,
minimum wages, failure to pay for non-productive time, failure to provide accurate wage statements, failure to pay wages at termination, violations of California's Unfair Competition Law,
individual claims for whistleblowing retaliation,
wrongful termination.
Defended California quick service restaurant operator
franchisee in putative class
PAGA action alleging failure to provide meal
rest periods, failure to pay minimum
overtime wages, failure to pay wages to terminated employees, failure to maintain records, failure to furnish accurate wage statements, failure to indemnify employees for business expenses,
violations of California's Unfair Competition Law.
Defended global retailer in multiple California
Nationwide class
collective actions: Obtained settlement in putative California class
nationwide collective action seeking unpaid wages under California law
the FLSA premised on the core contention that employees were not properly compensated for pre-shift activities involving whether the employee should report for work
finding shift replacements.
Obtained settlement after taking over as counsel post-certification of class of 66,000 members-all non-exempt, store associates in California-asserting unreimbursed business expenses for 'uniforms,' forced patronage,
a series of derivative claims under the California Labor Code, California's Unfair Competition Law,
PAGA.
Obtained settlement after taking over as counsel in nationwide (excluding California) FLSA putative collective action of non-exempt store associates alleging minimum wage violations stemming from unreimbursed business expenses for 'uniforms,' as well as derivative state law claims under Massachusetts, New York,
Florida law.
Obtained dismissal of all claims at pleading stage without leave to amend for education services firm, in class action for Labor Code violations stemming from use of payroll card for payment of final wages, including claims alleging payment of wages with prohibited form of payment, failure to timely pay wages, waiting time penalties, unfair business practices,
PAGA, dismissed at the pleading stage without leave to amend.
Defeated class certification bid by putative class of current
former exempt employees of global quick service restaurant
franchisor alleging misclassification
seeking unpaid wages,
civil
statutory penalties for alleged wage
hour violations.
Submitted amicus briefing
second-chaired argument to the California Court of Appeal in support of national retailer regarding interpretation of 'reporting time pay' provision of the Wage Orders, an issue of first impression for that court.
Employment Litigation, Discrimination, Harassment, Retaliation Claims: Defend Fortune 50 financial institution, including claims of unlawful collection of previously-paid wages, failure to indemnify for business expenses, failure to pay earned wages, failure to provide accurate wage statements, compelled agreement to illegal contract, breach of contract,
violation of California's Unfair Competition Law.
Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful termination, gender discrimination, workplace harassment, disability discrimination, retaliation, failure to prevent discrimination, harassment,
retaliation,
loss of consortium.
Obtained dismissal of all claims with prejudice for Fortune 500 global hotel chain
Plaintiff's failure to timely pay wages, inaccurate wage statements, waiting time penalties, declaratory relief,
punitive damages claims, dismissed at the pleading state without leave to amend
obtained voluntary dismissal with prejudice from Plaintiff on her surviving overtime, meal break, rest break,
Unfair Competition Law claims in exchange for no consideration.
Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful constructive termination, racial/national origin harassment, disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, failure to prevent harassment, discrimination
retaliation,
intentional infliction of emotional distress.
Obtained dismissal of all claims without leave to amend at the pleading stage for global travel retailer
restauranteur, including claims alleging retaliation, discrimination, wrongful termination,
sexual harassment.
Defend of North American retailer from claims of alleged retaliation for whistleblowing.
Obtained settlement for global insurer in action alleging gender discrimination, harassment,
retaliation, whistleblowing retaliation, breach of contract, wrongful termination, negligent hiring, supervision
retention,
intentional infliction of emotional distress.
Defend national restaurant chain in actions alleging violations of the Americans with Disabilities Act
the California Unruh Act.
Defend small business owners in action alleging violations of the Americans with Disabilities Act
the California Unruh Act.
Coordinating counsel for health care provider's Southern California individual employment matters.
Coordinating counsel for financial company's Southern California individual employment matters.
Employment Counseling: Represented Blue Wolf Capital Partners, LLC
GCM Grosvenor, as joint sponsors, in connection with their acquisition of Hallcon Corporation from Canadian private equity firm Novacap. Hallcon is the leading North American provider of mission-critical transportation services
infrastructure for a broad range of customers including railroads, universities, airports, hospitals
healthcare systems, public transit, technology
industrial companies,
other large employers seeking custom transportation solutions.
Advise high-profile entertainment industry client
production companies in California compliance matters.
Advise employers in conducting executive terminations.
Ongoing advice to international fashion retailer in California compliance matters.
Ongoing advice to national auto services chain in California compliance matters.
Ongoing advice to national fitness chain in California compliance matters.
Consumer Class Actions: Obtained settlement for national tax preparation services company in national class action alleging violations of RICO, fraud, negligence, California Unfair Competition Law, False Advertising Law, Legal Remedies Act,
Customer Records Act.
Intellectual Property: Obtained seven-figure judgment on behalf of global safety consulting
certification company in Lanham Act case against trademark counterfeiters
obtain dismissal of counterfeiter's strategic Chapter 13 bankruptcy.
Obtained favorable settlement on behalf of global safety consulting
certification company in Lanham Act case against trademark counterfeiter.
Contract
Fraud Litigation: Ongoing representation
advice to employer regarding warranty claims against payroll provider.
Obtained dismissal of all claims with prejudice with zero consideration paid on behalf of Fortune 50 financial institution, including claims alleging fraudulent
negligent misrepresentations.
First-chaired arbitrations for home warranty company in consumer arbitrations alleging fraud, breach of contract,
related claims.
Represented securities brokerage firm against claims alleging fraud, negligent misrepresentation, violations of California's Unfair Competition Law, Breach of Contract,
Conversion in connection with alleged Ponzi scheme.
Represented securities brokerage firm against claims alleging breach of contract, fraud,
negligent misrepresentation in connection with alleged Ponzi scheme.
Tort Litigation: Obtained favorable settlement on behalf of global rental car company for claims alleging negligent entrustment, as well as vicarious liability for motor vehicle negligence, negligence per se,
wrongful death.
Obtained favorable settlement in case brought against construction contractor for alleged exposure to benzene.
Obtained favorable settlement in case brought against oil refinery for alleged exposure to benzene.
Coordinating counsel for Americans with Disabilities Act matters for various online
brick-
-mortar retailers.
Pro Bono Experience: Obtained asylum for Cameroonian refugee
ongoing representation to secure derivative asylum for immediate family.
Obtained settlement on behalf of non-profit college in real estate dispute.
Advise non-profit regarding executive termination.
Internship: Judicial Extern, Hon. Richard Neiter, U.S. Bankruptcy Court, Fall 2009
