DLA PIPER CALIFORNIA ATTORNEY TEAM
Biographies
January 2018
CONTENTS
Partners ______1 Eric S. Beane ______1 Ellen M. Bronchetti ______3 Mary Dollarhide ______5 Pankit J. Doshi ______11 David Durham ______13 John E. Fitzsimmons ______15 Ron Holland ______18 Margaret A. Keane ______19 Ute Krudewagen ______21 Maria C. Rodriguez ______24 Of Counsel______28 Ben Gipson ______28 Associates ______30 Betsey Annette Boutelle ______30 Christopher M. Foster ______32 Kevin Harlow ______33 Jose Francisco Irias ______35 Emily A. Johnson ______36 Elvira R. Kras ______37 Daniel Lac ______39 Nelson Lam ______40 Katharine J. Liao ______41 Elham Marder ______44 Eric Ortiz ______45 Daisy Sanchez ______46 Philip Shecter ______47 Michelle Strowhiro ______48 Taylor Wemmer ______49 Lily Zheng______50 Lauren Ashley Ziegler ______51 Yana Zubareva ______52
DLA Piper is a global law firm operating through various separate and distinct legal entities. Attorney Advertising. ©2017 DLA Piper LLP (US)
DLA Piper California Attorney Team January 2018 DLA Piper
PARTNERS Eric S. Beane Partner
2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles, California, 90067-4704, United States T: +1 310 595 3005 F: +1 310 595 3305
Eric Beane has extensive experience in complex litigation for CREDENTIALS global clients, including class action litigation, wage and hour litigation, mass layoffs, trade secret and non-compete issues Education and ERISA claims. He has defended employers in claims of University of Pennsylvania Law School wage and hour violations, wrongful discharge, employment (1996) J.D. M.H. Goldstein Memorial Prize discrimination, sexual harassment, breach of contract and misappropriation of trade secrets and discrimination pursuant Cornell University (1993) B.S.
to Title III of the ADA and the California Unruh Act, including website accessibility claims. School of Labor and Industrial Relations Phi Kappa Phi National Honor Society Eric regularly counsels employers on employee discipline, Golden Key National Honor Society employee hiring, wage and hour issues, employee privacy Top 10 percent of class matters and the creation and implementation of new and Admissions revised personnel policies. His work also includes drafting California executive compensation agreements and separation agreements, especially in conjunction with mergers and acquisitions.
He represents employers and management in state and federal courts and before administrative bodies throughout the United States. These include the California State Labor Commissioner, California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the United States Department of Labor, the Unemployment Insurance Appeals Board and the Workers’ Compensation Appeals Board.
EXPERIENCE
Representative Significant Matters Successfully defended a wage and hour class action both through a five-week jury trial resulting in a hung jury and then through a subsequent bench trial Obtained dismissal of a putative wage and hour class action involving a nationwide class consisting of thousands of employees Filed proactive motion to preclude class certification resulting in dismissal of all class action and collective action allegations under state and federal law Defeated class certification in multiple wage and hour class actions
DLA Piper California Attorney Team January 2018 DLA Piper 1
Represented the retail arm of a global energy company in two large wage and hour class actions filed in Los Angeles (16,000 and 5,000 employees, respectively) Represented a major financial services defendant in a $22 million wage and hour class action that had potential implications regarding the classification of exempt employees Counseled several multimillion-dollar firms regarding the employment implications of their proposed mergers or acquisitions Successfully tried a discrimination lawsuit pending in the Los Angeles Superior Court, resulting in a complete defense verdict Represented a US entertainment conglomerate with international operations in prosecuting a complaint for misappropriation and embezzlement against a former employee Represented a global manufacturer's research organization regarding exempt employee classification in California and Ohio. Negotiated settlements avoiding penalties Redesigned employment policies and procedures for a leading international manufacturer to facilitate numerous reorganizations. Trained in-house legal and human resources personnel regarding those policies and procedures Obtained summary judgment on an ERISA claim for wrongful denial of benefits Obtained summary judgment on discrimination and wrongful termination claims Successfully defended discrimination charges in different jurisdictions Counsels small, medium, and large national and international corporations regarding employment issues on an ongoing basis
PUBLICATIONS California's new "choice" of law and venue rules for employment agreements, 10 Oct 2016
COURTS AND FORUMS United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States Court of Appeals for the Ninth Circuit
PROFESSIONAL MEMBERSHIPS California State Bar Association, Litigation and Labor and Employment Sections American Bar Association, Litigation and Labor and Employment Sections Los Angeles County Bar Association
DLA Piper California Attorney Team January 2018 DLA Piper 2
Ellen M. Bronchetti Partner
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 615 6052 F: +1 415 659 7339
Ellen Bronchetti represents employers in state and federal CREDENTIALS wage and hour, trade secret misappropriation, whistleblower, wrongful termination, harassment, discrimination, statutory Education leave, retaliation and breach of contract claims, including Northeastern University School of Law complex class actions and representative action litigation J.D. across the country. Admissions
California She counsels employers to prevent employee-related problems
before they become lawsuits by conducting manager and employee training, including employee classification, workplace policies and procedures and terminations. She has experience preparing executive employment agreements, restrictive covenants and compliance audits.
Ellen also advises companies on labor arbitrations, corporate campaigns, union negotiations, organizing campaigns and unfair labor practice proceedings.
PRESENTATIONS AND SEMINARS
Speaking Engagements "Navigating San Francisco's Local Employment Ordinances," The Bar Association of San Francisco Labor and Employment Law Section, June 11, 2015 "Local Ordinances Drive Change: San Francisco in the Spotlight," The Bar Association of San Francisco Yosemite Conference, January 30, 2015 "Drafting Employee Handbooks: Minimizing Exposure Risks," Strafford CLE Webinars, November 19, 2014 "Structuring Independent Contractor Agreements to Avoid Costly Misclassification Liability," Strafford CLE Webinars, December 17, 2013 "Key NLRB Developments for Non-Union and Union Employers," Strafford CLE Webinars, November 14, 2012 "2012 Employment Law Update," Northern California Human Resources Association Non-Profit HRSummit, June 13, 2012
Events "Drafting Employee Handbooks: Minimizing Exposure Risks," November 19, 2014 "Breakfast With Your Labor Lawyer - San Francisco Spring 2014 Seminar Series," April 23, 2014 "Labor and Employment Law Update and Happy Hour - San Francisco Fall 2013 Seminar Series," Hotel Vitale, September 24, 2013
DLA Piper California Attorney Team January 2018 DLA Piper 3
"Employing a Global Workforce: What Keeps You Up at Night?," Presented by Sheppard Mullin's International Mobility and Immigration Compliance groups, June 10, 2013 "Breakfast With Your Labor Lawyer," San Francisco Spring 2013 Seminar Series, Sheppard Mullin San Francisco, April 24, 2013 "Labor and Employment Law Update & Happy Hour," Spring 2012 - San Francisco Hyatt Regency San Francisco, March 21, 2012 "Breakfast With Your Labor Lawyer," San Francisco Labor & Employment Law Update, Fall 2011 Hyatt Regency San Francisco, September 8, 2011 "Labor & Employment Law Update & Happy Hour," San Francisco Hyatt Regency San Francisco, March 15, 2011
NEWS
Media Mentions
"Logging a String of Big Wins in Labor & Employment," Daily Journal, February 9, 2011
COURTS AND FORUMS United States District Court for the Northern District of California United States District Court for the Central District of California United States Court of Appeals for the Ninth Circuit
PROFESSIONAL MEMBERSHIPS State Bar of California American Bar Association Bar Association of San Francisco
CLERKSHIPS Intern for United States Magistrate Judge Joyce London Alexander in Boston, Massachusetts
RECOGNITIONS Labor & Employment, Legal 500, 2012-2014 Northern California Rising Star, Super Lawyers, 2013-2016
DLA Piper California Attorney Team January 2018 DLA Piper 4
Mary Dollarhide Partner
4365 Executive Drive, Suite 1100, San Diego, California, 92121-2133, United States T: +1 858 677 1429 F: +1 858 638 5119
Mary Dollarhide is resident in the San Diego offices of DLA CREDENTIALS Piper where she concentrates on wage and hour class actions brought under federal and state wage and hour laws, including Education the federal WARN Act. University of Southern California Gould School of Law J.D. Her single plaintiff cases involve sexual orientation discrimination, religious harassment, political activity Editor-in-Chief, Southern California Law discrimination, disability claims, breach of contract, theft of Review proprietary information and other employment-related actions. Occidental College B.A. with honors She has represented clients such as Morgan Stanley, Department Distinction McKesson Corporation, Teleperformance USA, AMN Admissions Healthcare, General Electric, IBM, Aetna, Equinix, California Goldman Sachs' Archon Group, American Red Cross, Connecticut Qualcomm and CB Richard Ellis. Mary is admitted to practice in California, District of Columbia, Connecticut, multiple federal districts in California, New York, Connecticut, Illinois, Ohio, and Michigan, as well as the Ninth, Second and Sixth Circuits. She currently serves as a Lawyer Representative to the United States District Court for the Southern District of California.
EXPERIENCE
Representative Class Action Cases Donohue v. AMN Healthcare (California meal, rest, overtime and PAGA class and representative action) (San Diego Super. Ct.). Mary prevailed on cross motions for summary judgment in an action involving all AMN non-exempt workers in the State of California. The case involved meal and rest period compliance, the display of overtime calculations related to bonus payments on pay stubs, and make-up time. Following class certification, the case was disposed of on the merits, in favor of AMN. Tanner v. Teleperformance USA (FLSA call center collective action) (M.D. GA). Mary's team won decertification for Teleperformance, the largest call center operator in the world. At its high water mark, the case involved 535 customer service representatives claiming off-the-clock work at the Company's Augusta and Albany, Georgia locations. Discovery included more than 60 party plaintiff depositions and written discovery that ultimately established that no uniform proof could be used to
DLA Piper California Attorney Team January 2018 DLA Piper 5
try the collective action. The Middle District of Georgia decertified the class, and the named plaintiffs settled their individual claims on a nuisance basis. Nguyen v. Qualcomm (exempt worker misclassification class action) (San Diego Sup. Ct.). Complete walk-away on class action allegations following filing of demurrer. Mary's team argued that more than 500 IT workers could not form an ascertainable class given their disparate work assignments. Hauser v. McKesson (wage and hour class action alleging unpaid overtime based on regular rate errors and meal and rest period violations) (C.D. CA.). Complete walk-away on class claims following limited discovery and plaintiff's deposition which revealed he was an inadequate class representative. Welch v. Remedy Staffing (uncompensated training time case involving more than 300,000 class members) (San Diego Sup. Ct.). Plaintiff claimed that she and other applicants at this staffing company were improperly denied compensation for the time spent filling out application materials and watching a prospective hire video. The case was initially handled by another firm and the class certified. Mary's team was retained and succeeded in having the case dismissed on summary judgment, and thus decertified. Holley v. Teleperformance USA (WARN Act class action) (E.D. Mich.). Plaintiffs claimed WARN Act violation following site closure when a major contract was lost. Mary deposed the named plaintiffs, established that they had received pay in lieu of notice, and further showed that exceptional business circumstances applied such that WARN's 60 day notice requirement did not apply. Class claims were dismissed without major briefing and the named plaintiffs' claims resolved for nuisance amounts. Hohnbaum v. Brinker International (seminal California meal and rest break case) (San Diego Sup. Ct.). Lead trial counsel in meal and rest break case ultimately decided by the California Supreme Court. In defending the case, Mary's team amassed approximately 600 declarations from putative class members attesting to lawful meal period policies and the provision of compliant rest periods. Initially certified, the California Supreme Court later decertified the meal period claims and articulated new class action standards. Brinker, which involved approximately 60,000 class members, is widely regarded as the most significant wage and hour class action to be decided in California in the last decade. [Doe] v. McKesson (exempt worker misclassification class action) (Orange Cty. Sup. Ct.). Highly favorable settlement in exempt misclassification case with no class-wide discovery taken. Dozens of declarations were collected in a state-wide "blitz," with putative class members overwhelmingly reporting that they engaged in exempt sales activities. [Doe] v. Teleperformance USA (nationwide call-center case involving more than 75,000 putative plaintiffs) (D. Utah). Plaintiffs claimed uncompensated time associated with booting up computers. Favorable settlement resolved all claims after a limited exchange of data and production of hundreds of declarations from class members showing no uniform policy requiring off-the-clock work. [Doe] v. Archon (off-the-clock and meal and rest period case) (Monterey Cty. Sup. Ct.). More than 500 hotel workers claimed off-the-clock work and meal and rest period violations across all hotel sites in California. Case resolved in low six figures with one-third reverting back to company for wage and hour compliance efforts.
DLA Piper California Attorney Team January 2018 DLA Piper 6
[Doe] v. McKesson Corp. (wage and hour "suitable seats" and meal period class action) (L.A. Sup. Ct.). Through limited discovery, Mary was able to undermine the other side’s ability to certify a class where the named plaintiff admitted to the Division of Labor Standards Enforcement that he had testified untruthfully regarding theft of time after his actions were caught on videotape, and provided damaging admissions in deposition that undermined the class claims on the merits. Class counsel walked away from the class claims. Plaintiff's individual claims were settled for a nuisance amount after briefing established the arms-length nature of negotiations and the basis for the nominal monies paid.
Representative Single Plaintiff and Multi-Party Cases [Doe] v. [International Financial Services Firm] (political discrimination and economic interference case) (9th Cir.) (E.D. CA.). Complete summary judgment granted; preliminary injunction of FINRA arbitration based on waiver-by-litigation granted; both decisions upheld following oral argument on two appeals to Ninth Circuit. [Doe] v. [Wireless Technology Company] (C-Suite executive claiming breach of change-in-control agreement). Prevailed in week-long AAA arbitration where multiple C-Suite executives and board representatives appeared as witnesses. Monetary sanctions awarded after discovery showed that Claimant took proprietary data, then destroyed it, in violation of arbitrator's order. Wood v. Sempra Energy Trading (sexual orientation harassment and breach of contract case) (2d Cir.) (D. Conn.). Trial win on all claims. Initially narrowed claims for trial by winning summary adjudication on breach of contract claims. Remaining for trial were claims of sexual orientation harassment and discrimination where C-Suite executives all appeared as witnesses. After judgment was entered for the defendant, the case was appealed to the Second Circuit where, after oral argument on an underlying discovery issue was heard, the judgment was affirmed. Ross v. Trammell Crow (whistleblower case following reduction in force) (St. Louis Sup. Ct.; Mo. Cir. Ct.). Trial win in whistleblower case. Mary's team proved that plaintiff was selected for layoff months in advance of reporting supposed unlawful activities. The jury returned a defense verdict that was affirmed by the Missouri appellate court. [Doe] v. UPS (multi-plaintiff race discrimination case) (San Diego Sup. Ct.). An African American worker sued multiple defendants for discrimination and retaliation. At trial, Mary's team presented evidence that Plaintiff used racial epithets at work and engaged in abusive conduct toward women. The case resulted in a hung jury, after which the Plaintiff fired his counsel and asked to settle for a nominal sum. Rotherham v. American Red Cross (wrongful termination and breach of contract case) (9th Cir.) (S.D. CA). Wrongful termination claim by former Executive Director of San Diego/Imperial Counties Chapter of the American Red Cross, following State Attorney General and County Supervisor investigation into allegations of misuse of donor funds. Local media, as well as 60 Minutes, 20/20 and The O'Reilly Factor, ran stories on the alleged misuse of donations by the Executive Director and her staff. Mary won complete summary judgment, then won before the Ninth Circuit which affirmed. Related Confidential Matters involving Fortune 50 Corporation (D. Conn.; N.Y. Sup. Ct.). Related lawsuits arose when an African-American manager allegedly attacked a female vendor. The vendor later sued for more than US$60 million in New York Supreme Court, taking more than 50
DLA Piper California Attorney Team January 2018 DLA Piper 7
depositions, including that of the Company's CEO. Meantime, the manager was terminated and claimed race discrimination in the District of Connecticut. In the New York case, Mary's team won summary adjudication on various claims, including the elimination of punitive damages. A subsequent jury trial resulted in a judgment for the defense on the remaining claims. The District of Connecticut race case was resolved following the manager's cross-examination at trial where the Company previewed the testimony of 13 female witnesses ready to testify about his unreported workplace misconduct. [Doe] v. Noble Americas (wrongful termination case) (D. Conn.). After a high-level executive was separated for sexually inappropriate conduct, Mary defended C-Suite executives and two corporations in the wrongful discharge case that followed. She later successfully moved to enforce a settlement agreement in the District of Connecticut, calling as her chief witness the Federal Magistrate who brokered the deal. Driscoll v. CB Richard Ellis (age discrimination and defamation case) (San Diego Sup. Ct.; 4th App. Dist.). Driscoll was a renowned "Top Gun" pilot who claimed he was discriminated against on the basis of age in the assignment of real estate deals. Mary defended the Company and three individually named defendants, obtaining summary judgment for all. The decision was upheld on appeal. Rochford v. Trammell Crow (age discrimination case) (6th Cir.) (N.D. Ohio). Complete summary judgment granted; ruling upheld on appeal following oral argument before Sixth Circuit. [Doe] v. Financial Management Advisors (breach of contract claim) (JAMS Arbitration, Los Angeles). Judgment for respondent following arbitration of breach of contract claim, based on unclean hands defense. Claimant asserted that he was denied stock option benefits under employment agreement. Though breach was found, Claimant took nothing because Mary proved he had engaged in misconduct, effectively voiding the contract. [Doe] v. Casa Cornelia Law Center (religious discrimination case) (San Diego Sup. Ct.). A Somali interpreter brought legal action against Casa Cornelia Law Center for religious discrimination and hate crimes. Through an inspection of police records and a detailed investigation, Mary's team established that offensive materials were likely planted by plaintiff. Her deposition established that there was no severe and pervasive conduct attributable to her religion. She also could not dispute that she was a "serial litigant" and had filed nearly identical claims against at least two other employers. All discrimination, harassment and wrongful termination claims were summarily dismissed by the court. [Doe] v. Aperio Technologies, Inc. (sex harassment claims) (San Diego Sup. Ct.). Plaintiff claimed sex harassment and discrimination by a senior executive. In a forensic review of her computer and the company's server, Mary's team located "sexting" messages between Plaintiff and her direct supervisor, including evidence that the plaintiff had borne the supervisor's child. Both plaintiff and the supervisor were married to others. All of the above information surfaced at deposition. The matter then quickly resolved for a nuisance value amount. [Doe] v. DS Waters of America, LP (reverse discrimination case) (San Diego Sup. Ct.). Plaintiff claimed he was terminated in response to his report of workplace violence, and further because of his race (white). Mary's team established that plaintiff was, in fact, the aggressor, and further demonstrated that he previously engaged in violent conduct with a co-worker. At deposition,
DLA Piper California Attorney Team January 2018 DLA Piper 8
Plaintiff could not establish any causal nexus between his discharge and either his report of workplace violence or his race. Summary judgment granted.
PUBLICATIONS "Employment Law Moves from Discrimination, Harassment to Wage and Hour Issues," Daily Business Review, February 2012 "From the Experts: Wage and Hour Issues, Under the Covers," Corporate Counsel, February 2012 "Congratulations, You're Hiring Again! (Now Proceed with Caution)," Daily Journal, February 2012 "Employee Classifications: Getting the C-Suite's Ear," Inside Counsel, December 2011 "Vendor Control in the Age of Outsourcing," The Recorder, December 2011 "Joe Paterno: Legal Requirements Versus Moral Imperatives," Daily Journal, November 2011
Treatises and Books REDUCTIONS IN FORCE IN EMPLOYMENT LAW, Lipsig, Dollarhide & Seifert, Bureau of National Affairs Books (BNA) (2007) (2d ed. 2011). Co-author. Treatise covering the law of layoffs, including discrimination, contract, WARN Act and benefits issues.
PRESENTATIONS AND SEMINARS
Mary has appeared on national and local television to discuss employment law developments. She has also lectured throughout the country on diversity in the workplace, the ADA, sex harassment, privacy in the workplace, psychiatric disabilities, drug testing and other employment law topics. Other venues where she previously presented include: The American Bar Association (ABA) Annual Meeting; The ABA Labor & Employment Law Committee EEO Meeting; Georgetown University; The National Employment Law Institute; BlueCross BlueShield Annual Employment Law Conference; Law and Technology Seminar of the Connecticut Corporate Bar Association; the Los Angeles Unified School District; Southern California Personnel Testing Council; Chatsworth Chamber of Commerce; Western Regional Intergovernmental Personnel Assessment Council; Inc. Magazine Employment Conference; Council on Education in Management; Southern California Personnel Management Association; Connecticut Southwestern Area Commerce and Industry Association; and the Society for Human Resources (SHRM). She has been quoted by the New York Times, The Stamford Advocate, Inc. Magazine, Hartford Courant, Associated Press and Law360 in connection with employment law developments. "Dos and Dont's for a Better Workplace — Harassment Prevention Training" (ongoing) "The Law of Hiring, Disciplining and Termination" (2015) Program Leader, "Emerging Issues in E-Discovery: From Litigation Holds to Predictive Coding to Spoliation Fights," J. Clifford Wallace Inn of Court (2013) "Bridgeport Wage & Hour Litigation and Management Update: Administrative and Professional and Outside Sales Exemptions" (2012) "Preemployment Testing Issues," Society for Organizational Psychology (2012) "Settlement Procedures and Attorneys' Fees: How to Make Sure Your Settlement Sticks" Consumer Attorneys Class Action Symposium (2011) Program Leader, "Pro Bono: Lawyer Obligations and Opportunities For the Good of Our Community," J. Clifford Wallace Inn of Court (2011)
DLA Piper California Attorney Team January 2018 DLA Piper 9
"Reductions in Force in Employment Law Program" (2011)
NEWS
Media Mentions Quoted, "Effective and Compliant Employee Monitoring (Part One of Two)," The CyberSecurity Law Report, April 5, 2017
PROFESSIONAL EXPERIENCE
Prior to joining DLA Piper, Mary spent her career at an international law firm, most recently leading the Employment practice in San Diego.
RECOGNITIONS Best Lawyers in America College of Labor and Employment Lawyers, Fellow Lawyer Representative to the United States District Court for the Southern District of California Top 25 Women Lawyers in San Diego, SuperLawyers Litigation Council of America, Fellow Martindale Hubbell AV Preeminent Rating California State Bar, Wiley W. Manuel Pro Bono Award ABTL Board of Governors, 2003-2005 and 2014-2016 J. Clifford Wallace Inn of Court: Founding Master, 2003; Executive Committee and Secretary, 2003-2005 San Diego Volunteer Lawyer Program, Distinguished Service Award ABA — Labor and Employment Law Section (previously served as EEO Basics Nationwide Program Coordinator)
PRO BONO
Mary has supervised multiple asylum petitions for detainees fleeing religious and political persecution in South America and Africa. She also provided employment law training to Pro Bono Immigration Law Firm Casa Cornelia Law Center in connection with their Human Trafficking project funded by the US Department of Justice. Through another agency in Los Angeles, she has overseen guardianship matters involving incarcerated and abandoned minors.
DLA Piper California Attorney Team January 2018 DLA Piper 10
Pankit J. Doshi Partner
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 615 6051 F: +1 415 659 7306 M: +1 626 484 6560
Pankit J. Doshi advises and presents on all US based CREDENTIALS employment law developments to the firm’s international offices and clients. Pankit focuses on preventative counseling Education as well as defending employers in both state and federal J.D., Loyola Law School Los Angeles, cases. These cases have involved trade secret 2003 misappropriation, whistleblowers, restrictive covenants, wage B.A., California State University, Los and hour, wrongful termination, sexual harassment, Angeles, 1999 magna cum laude discrimination, statutory leave, retaliation and breach of contract claims. He also represents employers in complex Admissions class action and representative action litigations. California
Languages Pankit regularly provides advice and counseling to employers of all sizes, ranging from Fortune 100 companies to startups, Gujarati on a full spectrum of labor and employment issues, among Hindi them structuring of restrictive covenants, advising on employment compliance strategies and preparing executive employment agreements.
Pankit has represented employers at trial, administrative hearings and during investigations by various state and federal agencies, including the US Department of Labor, the US Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Department of Industrial Relations - Division of Labor Standards Enforcement.
Pankit has assisted and counseled a broad range of corporate clients in the automotive, computer, consulting, entertainment, financial services, healthcare, hospitality, manufacturing, pharmaceuticals, retail, security, telecommunications and transportation industries.
PRESENTATIONS AND SEMINARS
Pankit frequently conducts seminars on harassment and discrimination prevention/training to supervisors and employees. He also lectures at annual meetings on employment law issues around the country. "Employment Law Issues Affecting the Video Game Industry," Video Game Bar Association Legal Affairs & Game Business Summit, Los Angeles, May 16, 2016 "The Eavesdropping Employer: A 21st Century Framework for Employee Monitoring," South Asian Bar Association of North America Annual Convention, Houston, May 14, 2016
DLA Piper California Attorney Team January 2018 DLA Piper 11
"Structuring Independent Contractor Agreements to Avoid Costly Misclassification Liability," Strafford Webinar, December 2, 2015 "Arbitration Artistry for Advocates: Tips & Pitfalls of Arbitration," 2015 NAPABA Annual Convention, New Orleans, November 6, 2015 "Corporate Counsel Roundtable: Avoiding Employment Litigation," South Asian Bar Association of North America Annual Convention, Orlando, June 13, 2015 "The Fierce Rainmaker," NAPABA Annual Convention, Phoenix, November 6, 2014 "Creating Leaders for the 21st Century," Leadership Summit, San Francisco, October 30, 2014
PROFESSIONAL MEMBERSHIPS National Asian Pacific American Bar Association, President, 2017 – present National Asian Pacific American Bar Association, President Elect, 2016-2017 National Asian Pacific American Bar Association, Vice President for Programs and Operations, 2015-2016; Treasurer, 2013-2015; Regional Governor, California Central District, 2012-2013; Co- Chair, Litigation Committee, 2011-2012 ABA TIPS Employment Law and Litigation General Committee, Vice Chair, 2013-2014 ABA TIPS Trial Techniques General Committee, Vice Chair, 2013-2014 ABA TIPS Business Litigation General Committee, Vice Chair, 2013-2014 ABA TIPS TortSource Editorial Board, Editor, 2013-2014 Appointed, Council on Access and Fairness, State Bar of California, 2011-2014 Bar Association of San Francisco State Bar of California - Labor & Employment Law Section American Bar Association
RECOGNITIONS Northern and Southern California Rising Star, Super Lawyers, 2008-2010, 2013-2016 "Leadership Corner," Profile in NAPABA Lawyer, 2012 Selected to the American Bar Association's TIPS Leadership Academy, 2012-2013 Inaugural "Young Luminary" Award as a Rising Star, South Asian Bar Association of Southern California, 2011 Fellow, New Leaders Council, 2011
DLA Piper California Attorney Team January 2018 DLA Piper 12
David Durham Partner
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2527 F: +1 415 659 7331
David Durham is a partner in DLA Piper's Employment group. CREDENTIALS He represents employers in such industries as solid waste, construction, sharing economy, health care, food service, hotel, Education newspapers, radio and television and live entertainment. University of California at Berkeley, Boalt Hall School of Law (1977) J.D. He has extensive experience in union organizing drives and Associate editor, California Law Review Order of the Coif election campaigns in a variety of industries, including related NLRB work and collateral litigation. Mr. Durham has also Cornell University (1974) B.S. School of Industrial and Labor handled large, nationwide corporate campaigns, related NLRB Relations charges and collateral litigation. For unionized employers, he Admissions has negotiated literally hundreds of collective bargaining agreements with such unions as the Teamsters, SEIU, IAM, California CWA, AFTRA and others. He has extensive experience advising employers strategic matters involving labor unions, including outsourcing as well as strike preparation, strike management, lockouts and permanent replacement situations.
Mr. Durham has also defended employers in numerous unfair labor practice cases before the NLRB in a variety contexts as well as 10 (j) and 10 (l) injunctive proceedings and 10 (k) jurisdictional disputes. He also has extensive experience in the Federal Court of Appeals regarding labor matters, including some of the most significant cases coming out of the Obama Board.
In addition to his extensive labor experience, Mr. Durham also advises and defends employers in wrongful termination, discrimination, sexual harassment, unfair competition, trade secret and compensation disputes. As part of his practice, Mr. Durham also advises employers on day to day employment matters such as discipline and discharge, and provides strategic counselling on outsourcing, regaining management prerogatives and change resulting from industry disruption such as international competition and automation. He advises on acquisitions and dispositions, particularly when one or more of the entities is unionized and advises non-union employers regarding vulnerability assessments and planning.
Mr. Durham also advises employers on mergers and acquisitions transactions involving unionized employers, including risks and opportunities created by the transaction.
PROFESSIONAL MEMBERSHIPS American Health Lawyers Association Bar Association of San Francisco
DLA Piper California Attorney Team January 2018 DLA Piper 13
California Association of Health Care Facilities State Bar of California
RECOGNITIONS
David is listed in The Best Lawyers in America in the field of Labor Law - Management. He is also an AV Preeminent-rated attorney, the most selective peer-awarded honor from Martindale-Hubbell.
DLA Piper California Attorney Team January 2018 DLA Piper 14
John E. Fitzsimmons Partner
401 B Street, Suite 1700, San Diego, California, 92101-4297, United States T: +1 619 699 2972 F: +1 619 764 6672
John Fitzsimmons represents employers in all aspects of CREDENTIALS employment law. Education
John concentrates in defense of employers in wrongful University of San Diego (1995) J.D., termination, employment discrimination, harassment, retaliation cum laude and other employment-related litigation in state and federal Order of the Coif Member and Assistant Editor, San courts, as well as before local, state and federal agencies. Diego Law Review John counsels and defends employers in California and federal University of Notre Dame (1987) B.A., wage and hour litigation, including class actions. John also Government and International Relations advises employers and litigates employment-related claims Admissions involving intellectual property, including prosecution and defense of claims involving trade secrets and proprietary California information, restrictive covenants, noncompete agreements and employee mobility issues.
John also counsels employers regarding labor-management relations, including union avoidance, union organizing, corporate campaigns and collective bargaining and represents employers in labor arbitrations and proceedings before the National Labor Relations Board.
John also conducts extensive counseling and training of employers regarding employment issues arising in both their day-to-day operations and their significant business milestones.
EXPERIENCE
Recent Matters Defended publicly trade medical device company and newly hired employees in trade secret misappropriation and unfair competition lawsuits filed by competitor and former employer of new employees Conducted high level internal investigation of publicly traded company involving allegations of travel/entertainment policy abuse and hostile work environment in executive office Defended a large defense contractor, auto parts distribution company, trucking company, medical software developer and television production company in recent wage and hour class actions Obtained dismissal of race/national origin lawsuit against national insurance company at the early pleading stage, including confirmation of dismissal by the California Fourth District Court of Appeal Represented nationwide financial services company in a race discrimination and retaliation lawsuit by a former employee in federal district court
DLA Piper California Attorney Team January 2018 DLA Piper 15
Represented software developer in a disability discrimination and retaliation lawsuit by a former employee Represented clinical trial company in a wrongful termination lawsuit by a former employee Obtained voluntary dismissal of a former employee's race discrimination/wrongful termination lawsuit against a large telecommunications company; dismissal immediately followed plaintiff's deposition Obtained summary adjudication on majority of claims brought in a four-plaintiff race discrimination action against a large telecommunications company; negotiated nominal settlement of remaining claims Obtained summary judgment of a plaintiff's same-sex harassment, retaliation and wrongful termination claims against a nationwide mortgage company Represented a regional paint retailer/manufacturer in a race discrimination lawsuit brought by a former employee Represented employer in trade secret misappropriation and unfair competition claims in lawsuit against former employees and newly established competitor of homebuilding interior design business Represented employer in trade secret misappropriation and unfair competition claims in lawsuit against former employee and former client of software developer Defense of declaratory relief and unfair business practice claims against defense contractor, combined with successful prosecution of cross-claims for trade secret misappropriation and unfair competition claims against former employee and competitor Obtained dismissal of misappropriation of trade secret and unfair competition claims by a former employer of a newly formed company's principal Successfully opposed application for a temporary restraining order sought against a new sales employee of a regional paint retailer/manufacturer that was brought by the new employee's former employer. The former employer voluntary dismissed the lawsuit immediately thereafter Successfully opposed application for a temporary restraining order sought against a new employee of a sports representation agency that was brought by the new employee's former employer Conducted collective bargaining for a construction industry employer with Teamsters Union Obtained temporary restraining order against local union on behalf of large technology company for unlawful picket activity and for unfair labor practice charges against union for unlawful secondary boycott Representing a national home building company in union sponsored corporate campaign against the residential home building industry Represented a construction industry contractor in over 100 coordinated claims for overtime and unpaid wages by former employees sponsored by the Carpenters Union before the California Labor Commissioner Negotiated a collective bargaining agreement between the United Food & Commercial Workers Union and a large parking contractor with multi-state operations
DLA Piper California Attorney Team January 2018 DLA Piper 16
Advised a construction industry employer through union organizing efforts, collective bargaining negotiations, a strike, unfair labor practice charges and a decertification election, ultimately resulting in union abandonment of the bargaining unit
CIVIC AND CHARITABLE Director, International Relations Research Association, San Diego Chapter Vice President, La Jolla Youth Soccer League
MILITARY EXPERIENCE Lieutenant, United States Navy, 1987-1994
DLA Piper California Attorney Team January 2018 DLA Piper 17
Ron Holland Partner
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 615 6053 F: +1 415 659 7311
Ron Holland is a partner in the Labor and Employment Practice CREDENTIALS Group in the San Francisco office. He represents employers in state and federal court litigation including complex wage and Education hour class actions, as well as single plaintiff whistleblower, Fordham University J.D. wrongful termination, harassment, discrimination, and breach Admissions of contract actions across the country. He defends employers California in proceedings before governmental agencies, such as the
Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the National Labor Relations Board, the California Labor Commissioner and the US Department of Labor.
Ron is also recognized as one of the leading traditional labor lawyers in the United States. He regularly handles labor arbitrations, unfair labor practice and representation hearings before the NLRB, collective bargaining negotiations and federal court ligation involving complex labor issues. He has advised Fortune 500 companies on labor strategy, union avoidance and responding to Union backed Corporate Campaigns.
Ron has counseled clients in a myriad of industries including transportation, energy, automotive, healthcare, retail and hospitality as well as high tech and gig economy employers.
DLA Piper California Attorney Team January 2018 DLA Piper 18
Margaret A. Keane Partner
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 615 6004 F: +1 415 659 7310
Margaret Keane has defended employers in all aspects of CREDENTIALS workplace disputes — including internal investigations, contentious termination negotiations, dispositive motions, trials, Education arbitrations and mediations. University of Pennsylvania Law School (1986) J.D.
Recent matters include successful defense of wage and hour Boston University (1981) B.A. claims, resolution of commission disputes, pay equity issues, Admissions restrictive covenants and unfair competition disputes, and California harassment and discrimination claims. New York On the counselling side, she frequently advises on wage and
hour and worker classification compliance, commission plans, unfair competition issues and the challenges of the digital workplace, including compliant use of social media, Bring Your Own Device (BYOD) policies and workplace privacy.
Margaret has extensive experience in the employment aspects of corporate transactions, including due diligence, Worker Adjustment and Retraining Notification Act (WARN) compliance; and negotiating and drafting employment, consulting, post-sale restrictive covenants and severance agreements.
EXPERIENCE
Among Margaret's successful employment representations, she has: Won judgment for employer on all counts in bench trial of wrongful termination and retaliation claims Won summary judgment against named class representatives, resulting in dismissal of class action alleging misclassification of claims examiners Successfully defended employers in class and multi-party litigation alleging misclassification, off- the-clock work and other wage and hour violations Won jury verdict for employer in action alleging gender and national origin discrimination, sexual harassment and failure to promote Won summary judgment for private equity partner in arbitration over the section 16602 exception for non-competes in connection with dissociation from a partnership Obtained dismissal of WARN Act class action Represented employers in actions alleging pattern and practice of gender, national origin and race discrimination in hiring, training, promotion, compensation and discharge
DLA Piper California Attorney Team January 2018 DLA Piper 19
Advised and represented federal contractors in OFCCP audits investigating claims of systemic discrimination in hiring and promotion practices
PRESENTATIONS AND SEMINARS Emerging changes to equal pay laws, Webinar, &Amp;Nbsp;&Amp;Nbsp; Workplace Privacy in 2014, Fifteenth Annual Privacy and Data Security Law Institute, Practicing Law Institute, June 17, 2014 Workplace Privacy in 2013, Fourteenth Annual Privacy and Data Security Law Institute, Practicing Law Institute, June 18, 2013
NEWS
Media Mentions Quoted, "4 Ways Employers Can Stop Gender Bias From Infecting Hiring," Law360, April 7, 2017
PROFESSIONAL EXPERIENCE
At a previous law firm, Margaret was co-chair of the Global Employment Dispute Resolution practice. As managing partner of a 30-lawyer regional office, she led a nationwide litigation team that defended all (non-IP) domestic litigation for a Fortune 100 manufacturing client under an alternative fee arrangement based on a fixed-fee retainer.
PROFESSIONAL MEMBERSHIPS Board of Directors, Court Appointed Special Advocates for Children, San Francisco, May 2013 – present Board of Directors, Community Technology Network, May 2013 – present Board of Directors, Insurance Industry Charitable Foundation, Western Division, 2010 – 2012
DLA Piper California Attorney Team January 2018 DLA Piper 20
Ute Krudewagen Partner
2000 University Avenue, East Palo Alto, California, 94303-2214, United States T: +1 650 833 2245 F: +1 650 687 1245 M: +1 650 521 4103
Ute Krudewagen focuses on providing multinational companies CREDENTIALS with solutions to the challenges presented in managing a global workforce. In addition, she counsels companies on Education employment issues triggered by cross-border transactions. University of California at Berkeley LL.M.
Ute advises international and cross-border clients on a broad University of Cologne J.D. range of complex global employment matters, serving as University of Cologne Dr. iur., summa trusted advisor and managing international counsel for a broad cum laude range of multijurisdictional and multidisciplinary projects. Her Admissions vast experience includes advising on global background New York checks, employment and independent contractor agreements, discrimination and harassment claims, social media issues, California global policies and procedures, non-compete and proprietary Languages information agreements, works council and union issues, German codes of conduct and social responsibility, workplace privacy, employee assignments and global mobility programs, global reductions in force, restructurings and severance and retention plans.
Ute also counsels global employers on the issues associated with transactions, including cross-border mergers and acquisitions, outsourcing, post-acquisition integrations and tax restructurings. She has successfully addressed employment issues in transactions with workforces in more than 60 jurisdictions in one transaction, with deal values ranging from US$2 million to US$8 billion, including negotiation and drafting of the deal agreement, employee transfers, consultations with unions and works councils, benefits harmonization, interim operating models and acquisition-related downsizings.
Her experience includes advising both emerging growth companies and Fortune 500 companies across a wide spectrum of industries and jurisdictions across the globe, including technology/software, fashion/retail, pharmaceuticals, life sciences, energy, manufacturing and distribution, energy, as well as banking and finance.
Ute Krudewagen is a member of DLA Piper’s North American Pro Bono Committee.
EXPERIENCE
Representative Legal Matters Advised on employment matters in more than 100 US and cross-border transactions and post- acquisition integrations, covering more than 60 jurisdictions in one transaction
DLA Piper California Attorney Team January 2018 DLA Piper 21
Counseled multinational companies in various industries on compliance with local employment laws, worldwide strategic human resources initiatives and global mobility programs in more than 80 jurisdictions Counseled US multinationals on employment law considerations in entering new jurisdictions, including engagement options and documentation, across up to 25 jurisdictions each Counseled publicly traded and private US multinational corporations on global cost-cutting strategies, including salary reductions, temporary shutdowns and reductions in force across more than 60 jurisdictions
PUBLICATIONS "Global Reductions in Force: A Practical Checklist," SHRM, November 3, 2016 "Global RIFs: A Checklist Approach," The Labor Dish, August 2016 "Going Global? Top 5 Labor and Employment Issues when Expanding Outside of the US," ACCELERATE, July 2016
PRESENTATIONS AND SEMINARS Navigating the new, scalable worker model, 29 Mar 2016 Co-Presenter, "Global Employee Mobility," TEI Los Angeles Chapter - International Tax Seminar, Los Angeles, September 25, 2015 Global Mobility for Tax Directors, March 20, 2014, TEI Global Mobility Tax Conference Bloomberg BNA Webinar, International Contingency Workers, October 22, 2013
COURTS AND FORUMS All California state and federal district courts All New York state and federal district courts
PROFESSIONAL MEMBERSHIPS American Bar Association, International Labor & Employment Law Committee (Editor, International Labor & Employment Law Committee newsletter) HR Certification Institute, Global Professional in Human Resources Law Society of England and Wales, Non-practicing member Global Alignment and Integration (GAIN), Steering Committee
RECOGNITIONS
In 2015, Ute was selected by the Silicon Valley Business Journal among its "Women of Influence." This honor recognizes the top 100 women in the region with various backgrounds who are making an impact in the local business community. Ute was also named to the Daily Journal's 2013 list of "Top Women Lawyers," which recognizes the top 100 female lawyers in California. She has also been recognized as one of Northern California's Outstanding Young Lawyers by Top Attorneys and named as a Rising Star by Super Lawyers of Northern California (2011, 2012 and 2013).
PRO BONO
Ute Krudewagen is a member of the DLA Piper North American Pro Bono Committee. She is actively engaged in various pro bono matters in the areas of asylum and special education, among others and
DLA Piper California Attorney Team January 2018 DLA Piper 22
represents several NGOs in their global employment matters. She is also a volunteer baker for Cake4Kids.
DLA Piper California Attorney Team January 2018 DLA Piper 23
Maria C. Rodriguez Partner Western Region Head, Employment Group
550 South Hope Street, Suite 2300, Los Angeles, California, 90071-2678, United States T: +1 213 330 7770 F: +1 213 330 7570 M: +1 213 309 7075
Maria Rodriguez leads the Employment group in Los Angeles; CREDENTIALS counsels domestic and foreign corporations with regard to employment law compliance and mergers and acquisitions; Education and defends employment cases and class action litigation. Loyola Law School Los Angeles (1997) J.D. While Maria has extensive litigation defense experience and International and Comparative Law Journal enjoys the strategic elements of litigating, she ultimately prides herself on being a trusted advisor to clients and helping them University of California, Los Angeles (1993) B.A., Political Science avoid or resolve disputes and protect resources through proactive and strategic planning. Admissions California Understanding the needs of clients and the complexities involved in doing business in California, across the United Languages States, and abroad, she works closely with clients in the sports, Spanish media and entertainment, technology, food and restaurant, airline, transportation and distribution, healthcare, and fashion industries. Maria is grateful her family ensured her fluency in Spanish, which is beneficial in her work with Spanish and Latin America based clients.
Maria advises on and defends cases involving wage-and-hour, harassment, discrimination, wrongful termination, retaliation, breach of employment contract, unlawful business practices, non-solicitation, trade secrets, and other employment-related cases. Client litigation victories include dismissals by way of early motions to dismiss, summary judgment, and leveraging cases early to produce nuisance value resolutions. At trial, she has produced wins in multiple-plaintiff wage-and-hour, retaliation, discrimination, and wrongful termination cases and achieved a defense verdict for her client in a high- profile, eight-week jury trial involving UNRUH civil rights claims brought by 26 plaintiffs against eight defendants.
Maria also defends employers in proceedings before governmental agencies, such as the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the California Labor Commissioner, the US Department of Labor, the Department of Justice, and city and state government agencies that enforce employment.
EXPERIENCE
Representative Employment Class Actions National quick service restaurant (QSR) and distribution and logistics companies—food and transportation industries: meal and rest period, business expense reimbursement, unfair
DLA Piper California Attorney Team January 2018 DLA Piper 24
competition and labor code penalties claims. Class of US and State Department of Transportation regulated drivers. Defeated class certification. Decision affirmed on appeal to the California Court of Appeals National bank / financial industry: alleged exemption misclassification. Branch and assistant branch managers claimed misclassification, unpaid overtime and penalties. Defeated class certification. Defeated plaintiffs’ motions in limine prior to remaining single-plaintiff trial that defeated plaintiff Multinational media and entertainment company: meal and rest periods, business expense reimbursements, split shifts, reporting time pay, Business and Professions Code. All California non-exempt employee class was reduced by over one-fifth and resolved for less than one-fifteenth of the potential value National QSR company: alleged misclassification of supervisors in training. Exempt supervisors claimed that during their training period, they were not exempt; obtained a nearly five-figure settlement through legal argument and strong negotiation tactics; maintained legal fees under $50,000 National QSR: large class of non-exempt managers claim missed meal periods, business expense reimbursements, wage statement claims, labor code penalties and unfair competition. Pending Technology company (top 10 largest webhost): non-exempt tech support employees claimed missed meal and rest period violations, failure to itemize wage statements, California Labor Code penalties, and unfair competition. After preparing the legal briefs to defeat class certification, plaintiffs accepted a nuisance value settlement Large media company and advertising subsidiary: two-class case involving account executives alleging misclassification, unpaid overtime, missed meal and rest periods, unfair competition and penalties and sales representatives alleging missed meal and rest periods, unfair competition and penalties. Negotiated settlement at less than one-fourteenth potential value, with favorable reversionary rights/claims made terms by developing leverage through factual due diligence and legal argument while holding fee expenditure to a minimum Logistics company: large statewide employee class alleging WARN violations, seeking wages and penalties. Achieved competitive settlement by leveraging strategic defenses and evidence, while guiding plaintiffs away from defense weaknesses Contractor: claims for prevailing wages, alleged immigration law violations, failure to properly pay wages, overtime, unfair competition and California Labor Code penalties. Defeated some claims through demurrer and motion to strike, negotiated incredibly low settlement with favorable reversionary rights/claims made terms National full-service restaurant chain: restaurant employees allegedly misclassified, meal, and rest period violations, failure to itemize wage statements, CA Labor Code penalties. Nuisance value settlement achieved National full-service, upscale restaurant chain: restaurant employees allegedly misclassified, meal and rest period violations, failure to itemize wage statements, California Labor Code penalties and Unfair Competition. Low settlement value achieved National QSR chain: plaintiffs claimed that multiple employers constituted single employer, wage and hour claims, including claims for wages, overtime, and numerous California Labor Code
DLA Piper California Attorney Team January 2018 DLA Piper 25
penalties, as well as traditional employment claims; penalty claims were complicated and heavily litigated. Convinced plaintiffs' counsel that they could not certify a class and achieved competitive settlement after a three-day, complicated mediation Technology / large healthcare provider/plan: systems analysts alleged misclassification. Obtained very competitive settlement by leveraging legal arguments and maintained fee expenditure to a minimum Large health care provider/plan: underwriters alleged misclassification and claim unpaid overtime, California Labor Code penalties and unfair competition. Using creative legal argument and persuasive negotiation tactics, limited the case to one-quarter of the of the total class size and obtained a very low settlement National full-service restaurant/steakhouse: Large statewide employee class; restaurant employees allegedly misclassified, missed meal and rest period violations, failure to itemize wage statements, California Labor Code penalties. Negotiated competitive settlement after leveraging legal arguments National full-service restaurant/steakhouse: large statewide employment candidate class claimed violations of California Labor Code statute governing employment applications. Convinced plaintiffs' counsel that they would not be able to certify a class and settled based on a single location for $10,000 National full-service restaurant/steakhouse: large statewide employee class; restaurant employees made unique claims about server banking. Defeated class certification and settled with the class representative plaintiff for under $5,000 Full-service, upscale restaurant: restaurant employees claimed tip pooling violations, meal and rest period violations, unpaid wages and California Labor Code penalties. Limited plaintiffs meal and rest period claims to one year's worth of penalties and achieved extraordinarily low settlement with reversionary rights/claims made terms National bank: multi-district class action; financial advisors allegedly misclassified; highly complex litigation involving 21 multi-district (national) cases coordinated as one in California. One of several partners on defense team
PROFESSIONAL MEMBERSHIPS Los Angeles County Bar"s Labor and Employment Law Section, Executive Committee Member Cuban-American Bar Association, former President Women"s Sports Foundation, Supporter Women In Film, Executive Member
RECOGNITIONS
Maria has been repeatedly named one of the top women lawyers in California, as the result of research conducted by Super Lawyers and Los Angeles magazine. The Daily Journal named Maria one of California's leading labor and employment lawyers for 2014. In 2010 the Daily Journal profiled Maria in its "Top 20 Under 40" series for her work in labor and employment litigation. Maria was also honored in 2006 as a Woman of Achievement by the Century City Chamber of Commerce. In addition, she was nominated by the Los Angeles Business Journal in 2009 as a Women Making a Difference Rising Star.
DLA Piper California Attorney Team January 2018 DLA Piper 26
CIVIC AND CHARITABLE Board of Directors, CAN-Do Board of Directors, Natasha Watley Foundation Board of Managers, Ketchum YMCA
DLA Piper California Attorney Team January 2018 DLA Piper 27
OF COUNSEL Ben Gipson Of Counsel
2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles, California, 90067-4704, United States T: +1 310 595 3139 F: +1 310 595 3439
Ben Gipson represents and counsels employers in all areas of CREDENTIALS employment law, including state and federal wage and hour, discrimination and harassment matters, employee coaching Education and performance documentation, non-discrimination and Georgetown University Law Center harassment, leaves of absence, traditional labor matters, (2002) J.D., cum laude Staff member, Tax Lawyer executive compensation and separation and reductions in force Publication director, State and Local (RIFs). Tax Lawyer
Claremont McKenna College (1997) Ben assists his clients through all stages of their development B.A., cum laude, Government and and serves as a trusted advisor for his clients regarding all their History employment needs. Admissions
Ben defends employers in wage and hour class actions, California
WARN class actions, sexual harassment, wrongful termination, District of Columbia discrimination, breach of employment contract, unlawful Washington business practices, state and federal whistleblowing, traditional
labor disputes and other employment-related cases before the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the California Labor Commissioner, the US Department of Labor, the Office of Federal Contract Compliance Program, the Occupational Safety and Health Administration and state and federal courts. He has also achieved early summary judgment and other motion practice victories at the trial and appellate levels, as well as low settlements in cases with challenging facts.
Ben also assist clients in investigating alleged violations of violations of labor and employment laws, whistleblower laws, and other complaints raised by employees. Before issues arise, Ben conducts trainings and audits on all aspects of employment law, and assists his clients in revising handbooks and other policies and practices to prevent further litigation.
EXPERIENCE Successfully defeating class certification in complex meal and rest period and expense reimbursement case Defeating case at pleading stage and successfully defended same in California Court of Appeals in case of first impression
DLA Piper California Attorney Team January 2018 DLA Piper 28
Bringing innovative motions to preclude class certification prior to motion practice and extensive state discovery by plaintiffs Avoiding litigation through client-centered counseling regarding policies and practices of multi- national organizations Minimizing potential liability associated with reductions in force and classification of employees Mentoring growing organizations as they add funding and increase their employee base Assisting wide range of pro-bono clients in reaching their goal of exposing more youth to the outdoors though wilderness mentoring experiences and other programs
PUBLICATIONS Salary test for white collar workers under Fair Labor Standards Act enjoined, 29 Nov 2016
PRESENTATIONS AND SEMINARS Employment Law Briefing, Los Angeles Session, January 21, 2014 2014 Employment Law Briefing for Growing Companies, Seattle, February 19, 2014 Panel Discussion on Internships, Take Part Live, December 16, 2013
COURTS AND FORUMS United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Third Circuit United States Court of Appeals for the Armed Forces United States Court of Federal Claims United States District Court for the Central District of California United States District Court for the Northern District of California United States District Court for the Eastern District of California United States District Court for the Southern District of California
PROFESSIONAL MEMBERSHIPS California Bar Association – Labor and Employment Section District of Columbia Bar Association – Labor and Employment Section Los Angeles County Bar Association Washington Bar Association Brewers Association
Civic and Charitable Big City Mountaineers – Board President
CLERKSHIPS The Honorable Emily Clark Hewitt, US Court of Federal Claims
RECOGNITIONS
Ben has been named a Super Lawyers Rising Star in the area of employment law.
DLA Piper California Attorney Team January 2018 DLA Piper 29
ASSOCIATES Betsey Annette Boutelle Associate
1000 Louisiana Street, Suite 2800, Houston, Texas, 77002-5005, United States T: +1 713.425.8459 F: +1 713.300.6004
Betsey Boutelle represents employers in all aspects of labor CREDENTIALS and employment law. She has experience in wage and hour class actions, individual discrimination and wrongful Education termination claims, and the prosecution and defense of claims Harvard Law School (2014) J.D. involving trade secrets, confidential and proprietary Editor, Harvard Journal of Law and Gender information, and non-competition agreements. She has also represented companies in general commercial disputes and B.A., Yale College 2007 government investigations. Admissions
California EXPERIENCE Representative Class and Collective Action Cases Texas
As second-chair counsel, prevailed on motion for class- wide summary judgment in an action involving all of the company's non-exempt workers in California. The case involved meal and rest period compliance, the display of overtime calculations related to bonus payments on pay stubs and make-up time. The case was disposed of on the merits in favor of the employer In a case involving 535 customer service representatives claiming off-the-clock work for a telecommunications company, conducted opt-in plaintiff depositions, drafted multiple papers and motions, and prepared ultimate successful motion decertifying the conditionally certified class. The district court decertified the class, and the named plaintiffs settled their individual claims on a nuisance basi In California's Private Attorneys General action alleging that retail associates were not afforded "suitable seats" during their shifts, drafted successful motion to dismiss due to the plaintiff's failure to exhaust administrative remedies
Representative Single Plaintiff and Multi-Party Cases Served as second-chair counsel for an employer on two appeals to the Ninth Circuit in a case involving former employee's claims of political discrimination against a financial services firm. After briefing and oral argument, the panel upheld the district court's decisions granting summary judgment in favor of employer and enjoining employee from initiating parallel FINRA arbitration proceeding
DLA Piper California Attorney Team January 2018 DLA Piper 30
In multiple simultaneous cases alleging that the plaintiff's retail store managers were misclassified as exempt from overtime, conducted investigation and interviews of witnesses, initiated and responded to discovery, prepared pleadings and papers for submission to the court, and conducted plaintiff deposition
COURTS AND FORUMS United States Court of Appeals for the Ninth Circuit United States District Court for the Southern District of California United States District Court for the Eastern District of California United States District Court for the Central District of California United States District Court for the Southern District of Texas
PROFESSIONAL MEMBERSHIPS International Human Rights Clinic
DLA Piper California Attorney Team January 2018 DLA Piper 31
Christopher M. Foster Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2534 F: +1 415 659 7355
Christopher Foster advises employers on labor relations and CREDENTIALS defends them in federal and state litigation, appeals, arbitrations, mediations, and administrative agency Education investigations. University of California at Berkeley, Boalt Hall School of Law J.D.Senior Christopher has experience representing clients in collective Articles Editor, Berkeley Journal of bargaining agreement negotiations, coordinating strike Employment and Labor Law responses, and handling unfair labor practice litigation before Santa Clara University B.S.One-year, the National Labor Relations Board and California's Public full scholarship to study economics and philosophy at Mansfield College, Employment Relations Board. He also regularly defends University of Oxford, Phi Beta Kappa, employers against state and federal wage and hour, magna cum laude, Economics discrimination, harassment and wrongful termination claims. Admissions
PUBLICATIONS California NLRB starts holidays early, demands employers gift their email systems to employees and unions, 15 Dec 2014 Author, "Employee Calls You A "F****** Crook" While Complaining About Work And Wages: Now What?," The Labor Dish, July 2014 Author, "Tactics In Addressing Union Information Requests," The Labor Dish, December 2013 Author, "New California Employment Laws to Benefit Employees," Law360.com, November 2012
PRESENTATIONS AND SEMINARS Employment Law Briefing 2015, 20 Jan 2015 Employment Law Briefing 2015, 13 Jan 2015
COURTS AND FORUMS United States District Court for the Northern District of California United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the District of Columbia Circuit
PROFESSIONAL MEMBERSHIPS
Christopher is a member of the Advisory Board for the Marrkula Center for Applied Ethics at Santa Clara University.
DLA Piper California Attorney Team January 2018 DLA Piper 32
Kevin Harlow Associate
401 B Street, Suite 1700, San Diego, California, 92101-4297, United States T: +1 619 699 3402 F: +1 619 764 6702 M: +1 619 708 7956
Kevin Harlow balances his practice between federal and state CREDENTIALS employment law issues, and traditional labor law. Education
He has broad experience defending employers in wage and University of California, Los Angeles hour class actions, wrongful termination and employment (2006) B.A. discrimination claims, unfair practice charges and other Georgetown University J.D. employment-related litigation. Kevin also advises and litigates Admissions employment claims concerning intellectual property, including California the prosecution and defense of claims involving trade secrets, confidential and proprietary information, non-competition agreements and other restrictive covenants.
In addition to his litigation experience, Kevin provides extensive advice and counselling to his clients on all employment-related issues, including wage and hour issues, protection of intellectual property, state and federal leave laws, ADA accommodations, internal investigations, and union avoidance and corporate campaigns.
Kevin's clients range from multibillion-dollar publicly traded companies to local and regional employers.
PUBLICATIONS Franchisors take note: broader DOL “joint employer” interpretation adds more risk for franchise industry, 25 Jan 2016 Co-author, "US Women's Soccer Dispute Could Jeopardise Rio Entry," World Sports Law Report, April 2016 Co-author, "NLRB Expands Standards for Determining Joint-Employer Status," Employee Benefit News, December 18, 2015
PRESENTATIONS AND SEMINARS "Employment Law Briefing 2016," 28 Jan 2016 "Employee Handbook Essentials," NTCA Legal Seminar, 9 Nov 2015 "Employment Law Briefing 2015," 22 Jan 2015
PROFESSIONAL EXPERIENCE
During Kevin's final year of law school, he worked for a boutique Washington, DC firm focusing on complex litigation.
DLA Piper California Attorney Team January 2018 DLA Piper 33
CLERKSHIPS
During law school, Kevin spent a summer as a legal clerk for the Department of Labor's Office of the Solicitor. He split his time between the National Office of the Mine Safety and Health Division, where he gained investigative, policy-drafting and appellate experience and the Arlington Regional Office, where he focused on administrative enforcement.
PRO BONO
Kevin is extensively involved in helping San Diego's veteran population through DLA Piper's pro bono projects. His pro bono work includes representing rehabilitated clients in Homeless Court, helping veterans expunge their criminal records, and handling various litigation-related matters for one of San Diego's premier veterans' shelters.
DLA Piper California Attorney Team January 2018 DLA Piper 34
Jose Francisco Irias Associate
2000 University Avenue, East Palo Alto, California, 94303-2214, United States T: +1 650 833 2197 F: +1 650 833 2001
Jose Francisco Irias counsels employers on global and US employment issues and has experience defending employers CREDENTIALS in litigation and before state and federal administrative Education agencies. New York University School of Law Jose advises international companies on global employment (2013) J.D. matters, including employment agreements, policies and University of Nevada Las Vegas (2011) procedures, confidentiality agreements, workforce M.A. restructuring, outsourcing, employment terminations, and University of Nevada Las Vegas (2006) severance issues. Jose also advises employers on labor and B.A. employment implications of cross-border mergers and Admissions acquisitions. California On the US domestic front, Jose counsels employers on a broad range of issues, including with respect to hiring, New York discipline, employment discrimination, retaliation, termination, Languages reductions in force, and restrictive covenants. He also advises Spanish clients on compliance with applicable labor and employment laws, including the Fair Labor Standards Act (FLSA), Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Family and Medical Leave Act (FMLA), wage and hour and paid sick leave laws, and other federal, state, and local statutes.
Jose also has experience representing employers in state and federal courts and before administrative agencies, in single plaintiff and class and collective actions. He has defended employers against wage and hour, discrimination, and retaliation claims and against unfair labor practice charges.
COURTS AND FORUMS United States District Court for the Southern District of New York United States District Court for the Eastern District of New York Supreme Court of New York
DLA Piper California Attorney Team January 2018 DLA Piper 35
Emily A. Johnson Associate
2525 East Camelback Road, Suite 1000, Phoenix, Arizona, 85016-4232, United States T: +1 480 606 5146 F: +1 480 232 2421
Emily Johnson focuses her practice in the area of employment CREDENTIALS and labor. Education
She regularly advises and represents clients in individual and J.D., Sandra Day O'Connor College of class and collective action wage and hour cases and in Law, Arizona State University employment discrimination cases. She represents clients in University of Illinois B.A., Spanish and federal and state courts, administrative proceedings, Secondary Education depositions, mediations and grievance proceedings. She also Admissions counsels clients on various domestic employment issues, Arizona including employment policies and procedures, evolving wage and hour laws and continued compliance, hiring and Languages termination, workplace investigations and manager and Spanish employee trainings.
In addition, Emily advocates for clients in traditional labor matters such as unfair labor practice cases, conduct elections, arbitrations and public utility proceedings.
She is currently serving as a member of the CLE lunch committee for the State Bar of Arizona Labor and Employment Section and co-authored the subchapter entitled "Arizona Wage Laws" for the State Bar of Arizona 2016 Employment Law Handbook.
DLA Piper California Attorney Team January 2018 DLA Piper 36
Elvira R. Kras
Admitted in New York only
550 South Hope Street, Suite 2300, Los Angeles, California, 90071-2678, United States T: +1 213 330 7732 F: +1 213 330 7542
Elvira Kras focuses on putative class action and single- and CREDENTIALS multi-plaintiff lawsuits including claims of meal and rest period violations, failure to pay wages and bonuses, off-the-clock Education work, misclassification, California seating claims, as well as Columbia University J.D. harassment, discrimination, retaliation, trade secret, breach of University of Southern California B.A., contract and wrongful termination matters. magna cum laude Admissions She counsels employers in various industries on day-to-day New York employment issues such as policies and procedures, wage and hour laws, hiring and termination, social media policies, pay Languages equity and compliance related matters. Elvira also works with Russian clients to prepare agreements to meet their employment Spanish related needs.
Elvira represents employers in all aspects of employment related litigation before federal and state courts and administrative agencies. This includes defending clients in proceedings before the Department of Fair Employment and Housing, the Public Employment Relations Board, the Division of Labor Enforcement Standards, the Equal Employment Opportunity Commission and the US Department of Labor.
PUBLICATIONS "Mind the gap: The ever-changing landscape of compensation," Willis Towers Watson, November 15, 2017
PRESENTATIONS AND SEMINARS Presenter, "Helpmates Hiring Compliance & Retention Strategies," 2017
PROFESSIONAL EXPERIENCE
Earlier in her career, Elvira worked for a prominent international law firm in New York where she was the lead associate in an employment and defamation trial for the Southern District of New York, and argued a criminal appeal in the Seventh Circuit Court of Appeals before Judges Easterbrook, Flaum and Sykes.
CLERKSHIPS
Prior to attending law school, Elvira served as a law clerk for a civil rights attorney in Los Angeles and assisted in a precedent setting, federal civil rights trial garnering a multimillion dollar verdict.
DLA Piper California Attorney Team January 2018 DLA Piper 37
TEACHING EXPERIENCE
Elvira is an assistant instructor at the University of Southern California where she teaches trial advocacy to undergraduate students. An alumni of the same trial advocacy program and a recipient of the Samuel Leibowitz Award for Trial Advocacy, Elvira is committed to providing the same mentorship and training from which she has benefitted.
DLA Piper California Attorney Team January 2018 DLA Piper 38
Daniel Lac Associate
550 South Hope Street, Suite 2300, Los Angeles, California, 90071-2678, United States T: +1 213 330 7731 F: +1 213 330 7531
Daniel Lac focuses his practice in the area of employment. CREDENTIALS He has experience defending employers in wage and hour Education class actions, wrongful termination claims, discrimination University of California at Berkeley, claims and other employment-related litigation. He has Boalt Hall School of Law J.D. assisted on a major cross-border internal investigation for University of California at San Diego violations of the Foreign Corrupt Practices Act. B.A., Economics and Political Science Admissions He provides day-to-day counseling to employers on various employment issues, including company policies and California procedures, wage and hour compliance, employment and commission agreements and manager and employee training.
He is an active member of the San Diego Signature Project Committee and oversees its expungement initiative for homeless veterans.
DLA Piper California Attorney Team January 2018 DLA Piper 39
Nelson Lam Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2588 F: +1 415 659 7434
Nelson Lam focuses his practice on commercial litigation and CREDENTIALS employment counselling. Nelson's experience includes breach of contract claims, products liability compliance, and employee Education misclassification and discrimination issues. University of California, Hastings College of the Law (2015) J.D., cum PUBLICATIONS laude California's new "choice" of law and venue rules for University of California, Santa Barbara employment agreements, 10 Oct 2016 (2011) B.A., with honors WARNING: OEHHA amends California Proposition 65 Admissions requirements for "clear and reasonable warnings": next California
steps, 14 Sep 2016 Languages Author, "Space, Time, and Taxes: How The Theory Of Portuguese Special Relativity Applies To Settling An Employment Claim," The Labor Dish, July 11, 2016
PROFESSIONAL MEMBERSHIPS American Bar Association Asian American Bar Association of the Greater Bay Area Filipino Bar Association of Northern California
PRO BONO
Nelson is committed to pro bono work. He has represented a victim of domestic abuse and successfully obtained a permanent restraining order against the abuser. He has also represented high school students facing expulsion charges.
DLA Piper California Attorney Team January 2018 DLA Piper 40
Katharine J. Liao Associate
2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles, California, 90067-4704, United States T: +1 310 595 3114 F: +1 310 595 3334 M: +1 213 291 5505
Katharine Liao has successfully represented employers in all CREDENTIALS aspects of employment-related litigation before federal and state courts and administrative agencies. Katharine regularly Education works with employers in the technology, entertainment, retail Boston University School of Law (2007) and healthcare industries. J.D. University of Southern California (2004) Having defeated class certification on multiple occasions, B.A., cum laude, Communications Katharine focuses her practice on defending wage-and-hour Admissions class actions involving claims of meal and rest period California violations, failure to pay wages and/or bonuses, off-the-clock work, seating claims, and employee misclassification. Languages Katharine also represents employers in cases involving Chinese (Mandarin) harassment, discrimination, retaliation, trade secrets, breach of contract, and wrongful termination matters.
Katharine also serves as a trusted advisor to employers and provides day-to-day counseling on various employment issues, including employment policies and procedures, wage-and-hour compliance, employment and commission agreements, and manager and employee training. She speaks regularly on social media policies, anti-harassment measures, and best management practices.
Katharine has defended clients in proceedings before the Department of Fair Employment and Housing, the Public Employment Relations Board, the Division of Labor Enforcement Standards, the Equal Employment Opportunity Commission, and the US Department of Labor.
Katharine also speaks Mandarin and has advised international clients seeking to do business in the United States on relevant employment issues. Katharine regularly assists global clients in transitioning in and out of various jurisdictions, provides due diligence in mergers and acquisitions, and assists with reductions in force.
EXPERIENCE Notable representations: Representation of large healthcare system (including six hospital campuses and six family health centers) in Department of Labor audit of wage and hour practices, in which we were able to significantly narrow scope of audit before successfully resolving the matter. Representation of a global medical technology corporation serving the health care industry in non- compete litigation case against a former high-level executive, in which we prevailed in obtaining a temporary injunction and the executive was enjoined from working with a competitor.
DLA Piper California Attorney Team January 2018 DLA Piper 41
Representation of national provider of medical technology and services in 7-day California state court jury trial related to claims brought by former employee for disability discrimination, age discrimination, failure to accommodate, failure to engage in the interactive process, and retaliation. Representation of national athletic apparel company in nationwide class action involving hourly, non-exempt employees claiming failure to pay wages including overtime, missed meal breaks, missed rest breaks and failure to provide expense reimbursement under federal and state laws. Representation of national QSR in large state-wide class action involving claims by non-exempt managers claim missed meal periods, business expense, reimbursements, wage statement claims, labor code penalties and unfair competition. Representation of multinational software and information technology business in trade secret, non- compete and unfair competition action against former sales employee and competing company. Representation of national full-service restaurant chain in class action involving claims by restaurant employees that they were allegedly misclassified, subject to meal and rest period violations, did not receive itemized wage statements, and were entitled to CA Labor Code penalties. Representation of chain of American department stores in exempt/nonexempt misclassification class action with claims of failure to pay wages, failure to provide meal and rest periods, failure to pay overtime and California derivative claims. Representation of national retailer operating chain of newsstands, bookstores, fast food restaurants, and other retail stores chiefly at airports in federal class action claiming misclassification of managers throughout the United States. Representation of music cable network in wage and hour audit and investigation by New York Department of Labor, and multi-plaintiff reverse racism claims. Representation of entertainment conglomerate in breach of contract claims by former, prominent high-level executives.
PUBLICATIONS Dealing with the new FLSA salary tests in ruby slippers, 23 May 2016 Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers, 26 Jun 2014 NLRB will focus on injunctions in successor cases: for potential buyers, 6 questions about their labor obligations, 2 Jun 2014 Accommodating Religion: Ignorance Is Not Bliss, 18 AUG 2015 Antitrust Class Actions Against Employers: A Silicon Valley Special?, 19 JAN 2015 Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers, 26 JUN 2014 NLRB will focus on injunctions in successor cases: for potential buyers, 6 questions about their labor obligations, 2 JUN 2014 Reefer Madness: Employees May Use Medical Marijuana Yet Be Fired For Doing So, 11 NOV 2013
DLA Piper California Attorney Team January 2018 DLA Piper 42
Diversity and inclusion as a source of enhanced client service, Daily Journal, 29 MAR 2013
PRESENTATIONS AND SEMINARS Arizona's new paid time off law: how it interplays with ADA, FMLA and potential compliance pitfalls, 20 Jun 2017
RECOGNITIONS In April 2014, the Los Angeles Business Journal nominated Katharine for its “Women Making a Difference” award. In 2015, Katharine was recognized in Southern California’s Super Lawyers Magazine as a “Rising Star,” and has been named a “Top Woman Attorney in Southern California” by Los Angeles Magazine.
CIVIC AND CHARITABLE Katharine served as an adjunct professor at University of Southern California, teaching Trial Advocacy from 2010-2012. Katharine also regularly does pro bono work for the Clinton Foundation, Communities in Schools of Los Angeles (CISLA), Community Coalition for Substance Abuse, Hollaback! Harassment: Know Your Rights, Leadership Council on Diversity, and Feeding America.
DLA Piper California Attorney Team January 2018 DLA Piper 43
Elham Marder Associate
2000 University Avenue, East Palo Alto, California, 94303-2214, United States T: +1 650 833 2054 F: +1 650 687 9306
Elham Marder has extensive experience defending employers CREDENTIALS
in litigation before state and federal courts against wage and hour, discrimination, harassment, and retaliation claims. Education
He advises international companies on global employment J.D., University of California, Berkeley School of Law matters, including employment agreements, policies and procedures, and employment terminations. Elham also assists B.S., University of California, Berkeley with due diligence and employee integration in cross-border Admissions acquisitions. California
He counsels employers on a broad range of domestic Idaho
employment issues, including with respect to hiring, termination and reductions in force. Elham also assists in drafting employee policies and handbooks.
Courts Federal Court of Northern District of California Federal Court of Eastern District of California
DLA Piper California Attorney Team January 2018 DLA Piper 44
Eric Ortiz Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2523 F: +1 415 659 7323
Eric Ortiz represents employers in complex labor and CREDENTIALS employment litigation, including discrimination, harassment, Education retaliation, whistleblower and wrongful termination claims. He Loyola Law School Los Angeles J.D. also represents employers in wage and hour matters, including B.A., University of California, Santa misclassification claims and large class actions. His experience Cruz includes defeating class certifications and obtaining favorable Admissions class-wide settlements. Eric has successfully defended matters before the DFEH, EEOC, EDD DLSE and the NLRB. California Languages Eric has extensive experience in litigation, such as factual investigations, preparing witnesses for depositions, taking Portugese depositions, motion practice, and has experience second- Spanish
chairing in jury and bench trials.
Eric advises clients regarding compliance with employment laws, including revising employee handbook provisions, preparing employment and non-compete agreements, and advising on employee wage and hour classifications and employee discipline.
DLA Piper California Attorney Team January 2018 DLA Piper 45
Daisy Sanchez Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2518 F: +1 415 659 7327
Daisy Sanchez focuses her practice in the area of employment. CREDENTIALS Education Stanford University J.D.
Admissions
California
DLA Piper California Attorney Team January 2018 DLA Piper 46
Philip Shecter Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2545 F: +1 415 659 7345
Philip Shecter represents employers in state and federal CREDENTIALS litigation, including wage and hour class actions and single- Education plaintiff discrimination, harassment, whistleblower, wrongful University of Pennsylvania J.D. termination and breach of contract claims. He has represented George Mason University , M.Ed. large and small companies in a wide array of industries, including transportation, healthcare, telecommunications and University of Pennsylvania, B.A. higher education. Admissions
Philip counsels employers on labor and employment issues, California including EEOC and DFEH compliance, wage and hour Languages
requirements, accommodation, recruiting and hiring, employee Cantonese discipline and termination. He also advises companies on
unfair labor practice proceedings.
DLA Piper California Attorney Team January 2018 DLA Piper 47
Michelle Strowhiro Associate
2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles, California, 90067-4704, United States T: +1 310 595 3034 F: +1 310 595 3302
Michelle Strowhiro's practice focuses on employment CREDENTIALS counseling and litigation. Education
Michelle provides day-to-day counseling to employers on Loyola Law School Los Angeles J.D. various domestic and international employment issues, Editor, International Law Review including employment policies and procedures, evolving wage St. Thomas More Law Honor Society and hour laws and continued compliance, hiring and University of California, Los Angeles termination, workplace investigations, and manager and B.A., with honors, English employee trainings. In addition, she prepares agreements and Admissions
advises companies on employment law issues in the context of California mergers and acquisitions.
Michelle's litigation practice consists predominately of employment single-plaintiff and class action defense, representing employers in state and federal courts, as well as in administrative proceedings. She has successfully defended clients against putative class actions and single- and multi-plaintiff lawsuits, including claims of meal and rest period violations, failure to pay wages and/or bonuses, off-the-clock work, misclassification, California seating claims, as well as harassment, discrimination, retaliation, trade secret, breach of contract and wrongful termination matters. Michelle has defeated class certification in numerous cases.
PROFESSIONAL EXPERIENCE
In 2008, Michelle served as a judicial extern to the Honorable Manuel L. Real, United States District Court, Central District of California.
CIVIC AND CHARITABLE
Michelle volunteers for One Justice and its periodic workshops around Southern California to help immigrants apply for citizenship. She has also volunteered for the Legal Aid Foundation of Los Angeles Domestic Violence Clinic in Santa Monica, California.
DLA Piper California Attorney Team January 2018 DLA Piper 48
Taylor Wemmer Associate
4365 Executive Drive, Suite 1100, San Diego, California, 92121-2133, United States T: +1 858 677 1430 F: +1 858 638 5030
Taylor Wemmer's practice includes representing employers in CREDENTIALS all types of employment-related litigation before federal and state courts and government agencies. Education University of San Diego School of Law Her experience includes defense of wage and hour class J.D., cum laude actions, individual discrimination and wrongful termination University of Pennsylvania B.A., magna claims, disputes concerning executive contracts, and theft of cum laude proprietary information. She also counsels clients on company Admissions employment policies and practices and advises clients as to California the Fair Labor Standards Act, Americans with Disabilities Act
and California state employment laws.
EXPERIENCE
Notable Representations: Representation of health care company in a California meal, rest, overtime and PAGA class and representative action. Our team prevailed on motion for summary judgment Representation of call center on an FLSA collective action alleging unpaid pre-shift and post-shift time. Our team succeeded in decertifying the class and the individually named plaintiffs settled their claims on a nuisance basis Representation of technology company in an arbitration brought by former C-suite's executive who alleged that the company breached his change in control agreement. Prevailed on former executive's breach of contract claim in its entirety. Arbitrator also issued sanctions against claimant and his counsel for spoliation of evidence
COURTS AND FORUMS United States District Court for the Southern District of California United States District Court for the Central District of California
PROFESSIONAL MEMBERSHIPS American Bar Association San Diego County Bar Association
EXTERNSHIPS During law school, Taylor served as a judicial extern to the Honorable Anthony J. Battaglia in the United States District Court, Southern District of California and the Honorable Margaret M. Mann in the United States Bankruptcy Court, Southern District of California.
DLA Piper California Attorney Team January 2018 DLA Piper 49
Lily Zheng Associate
2000 University Avenue, East Palo Alto, California, 94303-2214, United States T: +1 650 833 2244 F: +1 650 687 1244
Yin “Lily” Zheng is experienced in counselling employers on CREDENTIALS global and US workforce management issues, as well as defending employers in US litigation matters. Education Washington University School of Law Lily advises multinational companies on overseas and global J.D. employment issues, including employment agreements, global Washington University M.A., East Asian policies and procedures, non-compete and proprietary Studies information agreements, workforce restructuring, employment Shanghai International Studies termination and severance issues. She also advises employers University B.A., Journalism on issues that arise in cross-border transactions. Lily is a Admissions native speaker of Mandarin Chinese and has a particular focus California on employment issues in Asia Pacific. Languages Before joining DLA Piper, Lily was an employment associate in Chinese (Mandarin) the Silicon Valley office of another top-tier international law firm for four years, litigating discrimination, harassment and retaliation lawsuits and wage-and-hour class action lawsuits in California federal and state courts. In her previous experience, Lily also advised employers on employment issues in California, including wage-and-hour compliance, employee termination and workforce reduction. At DLA Piper, Lily continues to provide US domestic employment counselling and transaction support for clients.
PRESENTATIONS AND SEMINARS Going global: key considerations for successful international expansion, 24 May 2016
COURTS AND FORUMS United States District Court for the Northern District of California United States District Court for the Eastern District of California United States District Court for the Central District of California
DLA Piper California Attorney Team January 2018 DLA Piper 50
Lauren Ashley Ziegler Associate
555 Mission Street, Suite 2400, San Francisco, California, 94105-2933, United States T: +1 415 836 2529 F: +1 415 659 7344
Lauren A. Ziegler focuses on wage and hour laws, anti- CREDENTIALS discrimination and workplace harassment claims, wrongful Education termination claims and protected leave rights. She advises on J.D., University of San Francisco general employment matters, such as employment policies and School of Law, 2013 practices, reviews handbooks and policies to ensure B.A., California State Polytechnic compliance, and prepares and revises employee handbooks to University, Pomona, 2010 ensure compliance with recent updates. Admissions
Lauren has extensive experience in all phases of employment California
litigation, from pre-litigation negotiations through settlement and preparation for trial. She litigates class wide and individual employment claims, both at the state and federal levels. Lauren also handles administrative claims before various administrative agencies, including the DFEH, EEOC and Labor Commissioner. She also litigates PAGA claims, as well as class and collective actions under the FLSA.
PUBLICATIONS “Shielding Cali. Employers from Labor Code Violations,” Law360, Lauren Ziegler, February 25, 2016 “Pay Stub Violations No Longer a Payday Under PAGA” SHRM, Lauren Ziegler, October 13, 2015
MEDIA MENTIONS “Calif. Employer Liability for Asbestos Can Extend to Workers’ Households,” SHRM, December 13, 2016
Courts Admitted to all California state and US District Courts in California
DLA Piper California Attorney Team January 2018 DLA Piper 51
Yana Zubareva Associate
2000 University Avenue, East Palo Alto, California, 94303-2214, United States T: +1 650 833 2184 F: +1 650 687 9294
Yana Zubareva is experienced in advising multinational CREDENTIALS companies on legal issues related to doing business overseas, including international employment and global equity Education compensation issues. HARVARD LAW SCHOOL (Master of Law, 2014/2015)
Yana assists with overall management of international Lomonosov Moscow State University expansion projects, prepares legal documents, including Admissions transactional documents, due diligence reports and performs New York Bar legal research. Russia
DLA Piper California Attorney Team January 2018 DLA Piper 52
www.dlapiper.com
DLA Piper California Attorney Team January 2018 DLA Piper 53