Labor & Employment: California
 

Labor & Employment: California

THE FIRM This team fields over 70 employment lawyers throughout California and continues to dominate the state’s labor and employment sector. It represents clients through all stages of litigation, taking on the defense of individual charges and wide-ranging class and collective actions. Major clients include AIG and GlaxoSmithKline.

Sources say: "This team is full of stars: the attorneys are exceptionally creative and proactive, and this always seems to lead to successful results."

KEY INDIVIDUALS Sources describe Kirby Wilcox as "the king of wage and hour actions.” His recent highlights have included several high-profile class actions involving class decertification and misclassification of the workforce. “Premier labor and employment lawyer” Nancy Abell sits as global chair of the employment department and recently represented Cintas, successfully defeating a series of discrimination class actions. The "highly intelligent and thoroughly well-respected" Paul Cane is widely renowned for his strength as an appellate employment lawyer. The past year has seen him setting precedents in whistleblower litigation at appeal. “No-nonsense” Elena Baca climbs the rankings this year having broadened her profile representing both co-defendants, including one AIG subsidiary, in a wage and hour class action. Sources praise her as "creative, efficient and always a pleasure to work with.” In Palo Alto, Bradford Newman leads the international employee mobility and trade secret practice. He has successfully obtained a preliminary injunction on behalf of Zynga Game Network following a six-month discovery and a two-day hearing. Jeffrey Wohl chairs the employment practice in San Francisco and continues to represent Target in nationwide wage and hour class and collective actions. Paul Grossman is considered “one of the best attorneys in all of California” and has defended high-profile clients in wage and hour class actions of late, negotiating successful settlement programs to secure the best outcomes for his clients.

THE FIRM This 26-lawyer group is noted for its geographic coverage, with offices in San Diego, Irvine, Los Angeles and San Francisco. Its wide-ranging expertise encompasses employee raiding, ADA cases, complex wage and hour class and collective actions, and labor management relations. Clients range from the Judicial Council of California and the American Hospital Association to Target and Godiva Chocolatier.

Sources say: “A great practice that really benefits from its broad national footprint.”

KEY INDIVIDUALS Highly regarded George Howard is based in San Diego and recently represented Verizon Enterprise Delivery in facing down alleged wage and hour class action violations of the FLSA. His expertise extends to discrimination, harassment and trade secrets lawsuits. “Intelligent and very responsive,” Deborah Saxe represented the County of Los Angeles in an FLSA collective action, successfully obtaining summary judgment. Her other areas of focus include employment discrimination and ERISA class actions. Rick Bergstrom is praised for his work in the trade secrets arena. In a similar vein to his partners, Bergstrom is very active in the wage and hour arena, and recently acted on behalf of California Pizza Kitchen in a class action. Sources describe him as “a smart, capable practitioner who is always a pleasure to work with.”

THE FIRM This labor and employment group comprises over 60 attorneys across offices in Irvine, Los Angeles, Palo Alto and San Francisco. The team is well equipped to assist with a diverse range of employment matters and is particularly recommended for its expertise in wage and hour class actions. Its diverse client base includes Toyota Motor Sales, Colgate-Palmolive and the Pacific Maritime Association.

Sources say: “The caliber of Morgan Lewis is outstanding. I’m always comfortable with the attorneys there and I'm never afraid to send a discrimination of wrongful termination their way.”

KEY INDIVIDUALS Rebecca Eisen leads the labor and employment practice in San Francisco, and receives praise for her wage and hour class action work. In the last year, she skillfully obtained a motion to dismiss key claims in an action against her client, RBC Capital Markets. Clients praise her "practical approach to matters," and she is also described as "a smart, experienced professional who is always a pleasure to work alongside." Palo Alto-based Melinda Riechert has a particular focus on employment discrimination claims and is noted for her “tremendous trial experience.” She counts Hewlett-Packard among her impressive group of clients.

THE FIRM This practice's recent highlights include representing Morgan Stanley in a wage and hour class action, in which a federal judge denied the motion to certify the class. The firm has seen similar success defeating class certification in a wage and hour class action for Sears. Its illustrious client roster also includes Facebook, McAfee and PwC.

Sources say: “Orrick’s written work product is of the highest quality; the attorneys are reliable and nothing they send me is ever half done.”

KEY INDIVIDUALS Lynne Hermle is considered “one of the most prominent employment attorneys in the country," and is particularly renowned for her work in the wage and hour arena. Seasoned and much respected, Gary Siniscalco focuses on complex employment litigation and counseling clients on reductions in workforces and corporate compliance. His experience incorporates affirmative action, wrongful discharge and EEO matters. Working alongside Siniscalco in San Francisco is Patricia Gillette, “who never fails to impress.” She has represented clients before the state and federal courts in wrongful discharge and discrimination matters, and in individual and multiplaintiff cases and class actions. Joseph Liburt has successfully defeated several wage and hour class actions on behalf of high-profile clients in the past year. His area of focus extends to discrimination, wrongful termination and ERISA benefits claims, and he has defended multiplaintiff actions under state and federal law.

THE FIRM This comprehensive group fields more than 130 labor and employment lawyers throughout the state. The firm has ten designated practice groups concentrating on key areas of labor and employment law, including wage and hour litigation, complex discrimination litigation and workplace counseling and solutions. It has also developed a dedicated California workplace solutions group to help clients respond to the challenges of employing workers in the state.

Sources say: “A competent, responsive firm, which excels at maintaining strong client relationships and has deep domain knowledge.”

KEY INDIVIDUALS In San Francisco, Gilmore Diekmann specializes in wage and hour and union dispute litigation, and administrative proceedings before federal agencies. He is also adept in unfair competition and trade secrets matters, as well as federal contract compliance disputes. He has recently represented Intel, defending substantial wage and hour overtime class actions. "Expert strategist" Jeffrey Berman is noted for the wide-ranging nature of his practice, which spans the breadth of labor and employment law. He is “extremely devoted to his clients and is a wonderfully realistic, calming influence.” Cochair of the nationwide complex discrimination litigation practice group, David Kadue has great “savviness in the courtroom” and excels in the defense of wage and hour, wrongful termination and employment discrimination claims. Brian Ashe is “a real player in the San Francisco market” and is currently involved in a cutting-edge affirmative motion to strike wage and hour class action allegations within the California State Court.

THE FIRM This group has offices in Los Angeles, Orange County, San Francisco and Palo Alto, and focuses on occupational safety and health, discrimination law, noncompete and trade secrets agreements. It is also noted for its strength in wage and hour matters, and has handled a number of class actions and labor negotiations for clients including Delta Air Lines. The team is also much sought-after for its highly regarded appellate practice.

Sources say: “An excellent choice for high-stakes matters: this is a tremendous group of appellate lawyers and they are worth every penny.”

KEY INDIVIDUALS Catherine Conway recently joined the group from Akin Gump. She continues to represent Starbucks in high-profile FMLA class actions and class actions relating to tipping policies under California state law. Observers describe her as "a highly competent attorney – strong, decisive and immensely impressive.”

THE FIRM Mitchell Silberberg & Knupp’s 26 California-based lawyers have a wealth of experience in representing clients in front of state and federal courts and administrative agencies, and in collective bargaining. The group maintains an excellent reputation within the entertainment industry, acting on behalf of Sony Pictures, among others. Its illustrious client roster also includes American Apparel and Red Bull North America.

Sources say: “The team offers a customized service and the lawyers clearly take great pride in their work. They’ve been with us at a crucial time and have helped us to grow through the cohesive and collegial relationship we’ve developed between us."

KEY INDIVIDUALS Clients and peers alike mark William Cole out as a “high-profile player” for his advocacy experience before the state and federal courts and NLRB. Working alongside Cole in Los Angeles, Adam Levin enters the rankings this year having received wide-ranging praise as a “fantastic attorney with a real mastery of employment law.” His clients range from Hollywood agents to entertainment giants such as Warner Bros.

THE FIRM This group has substantial experience in handling individual and class action suits arising from allegations of retaliation, discrimination and harassment, wrongful termination and wage and hour violations. It was recently responsible for handling the precedent setting Reynolds v Bement, in which the California Supreme Court decided that corporate officers and directors may not be held personally liable for wage claims by corporate employees. The group also enjoys a fine reputation for its appellate work. Clients include Raytheon, Edison International, Wachovia and Merrill Lynch.

Sources say: “This small group packs a lot of punch; the attorneys are simply superb."

KEY INDIVIDUALS Terry Sanchez focuses primarily on employment litigation defense, particularly wrongful discharge, discrimination and sexual harassment actions. He attracts much praise for his “client-focused and impressively proactive approach to matters.” The well-regarded Alan Friedman has a broad practice offering general labor and employment advice to nationwide employers. 

THE FIRM In addition to its excellent reputation in wage and hour class actions, this 30-attorney team is noted for its expertise across harassment and discrimination matters, wrongful termination and labor arbitrations, and bargaining agreements. It has impressed with its successful representation of Santa Barbara News-Press in a rare high-stakes NLRA injunction petition, and acting for Bank of America in a series of check-cashing disputes brought by payroll customers. Other clients include FedEx, ConocoPhillips, Hershey and UBS Financial Services.

Sources say: “O’Melveny is sensitive to our budgets and always quick to accommodate our needs."

KEY INDIVIDUALS Robert Siegel is regarded as an authority on the Railway Labor Act and is renowned for his extensive representation of airlines, including Delta Air Lines and US Airways. Sources describe Framroze Virjee as a “high-quality, responsive and knowledgeable labor and employment lawyer.” He has successfully negotiated a comprehensive project labor agreement on behalf of the Pacific Energy Company, preventing future interference in the continuity of construction work on a deep-water port in Los Angeles Harbor. He has also represented the Hershey Company in a nationwide wage and hour collective action under the FLSA, alongside colleague Scott Dunham, who operates out of Los Angeles and has vast experience of representing employers in discrimination matters, negotiations, arbitration and matters arising under the NLRA. Apalla Chopra is a new addition to the rankings and is rapidly building a name for herself in wage and hour class actions. Clients value her “responsiveness and dynamic approach to training.”

THE FIRM This Los Angeles-based practice is highly regarded for its expertise in traditional labor management relations disputes and complex wage and hour class and collective actions. The group is also sought-after for its general employment counseling and maintains a diverse network of clients across a variety of industries, including entertainment, finance, telecom and transportation.

Sources say: “An impressive group: it has good bench strength and the attorneys are responsive and always represent good value for money."

KEY INDIVIDUALS Anthony Oncidi represents management and employer clients in wage and hour matters, employee discipline, litigation and preventive counseling, and trade secret protection. Sources single him out as "an intelligent and highly adept all-round lawyer.” Kenneth Sulzer, a recent recruit from Seyfarth Shaw, is “extremely well connected within the legal community.” With jury trial experience and a particular focus on wage and hour class actions, Sulzer impresses sources with his “style, communication skills and ability to strategize.”

THE FIRM This team provides a comprehensive service to employer clients, including counseling on day-to-day human resources matters and litigating before state and federal courts, as well as administrative agencies, on matters ranging from single plaintiff sexual harassment cases to administrative hearings before the Labor Commissioner. The group also continues to be much sought-after by clients in the restaurant trade and healthcare sector.

KEY INDIVIDUALS The "highly knowledgeable" Richard Simmons represents high-profile clients in significant class actions and has recently defeated class certification in several alleged misclassification claims. Los Angeles-based Charles Barker wins praise as "an assured performer who really instills confidence in his clients." He acts on behalf of management in labor and employment matters, including the defense of discrimination claims and unfair labor practices. Tracey Kennedy has significant trial experience, having argued wage and hour cases before the California Supreme Court and Los Angeles Superior Court, in addition to triumphantly defending against discrimination and harassment claims on behalf of employer clients. Michael Gallion has a noteworthy background in handling complex litigation, including California wage and hour class actions and discrimination class actions on a nationwide scale. Sources praise his “winning combination of excellent technical knowledge and extensive practical experience.”

THE FIRM Akin Gump operates out of Los Angeles and San Francisco, and acts for a notable client base comprising Fortune 100 companies and industry leaders. Areas of specialty include occupational safety and health, appellate litigation, Sarbanes-Oxley and other whistleblower matters, and strategic counseling. A recent highlight saw the group successfully defend ConocoPhillips in a putative class action regarding alleged violations of the FMLA.

Sources say: “The attorneys really instill confidence; we trust them to handle some of the most important, potentially industry-changing cases for us and, for this reason, we consider them excellent value for money.”

KEY INDIVIDUALS Gregory Knopp works alongside Conway on Starbucks and other high-profile representations. He is broadening his practice, handling complex matters before the state and federal courts and administrative agencies, and offering clients counseling on matters ranging from reductions in force to benefits issues and communications with employees. Clients single him out as "absolutely unflappable with a maturity beyond his years."

THE FIRM The labor and employment team here numbers 16 and provides services in traditional labor law, and defense in wrongful termination lawsuits and discrimination litigation. It is also noted for its expertise in preventive counseling, particularly with regard to sexual harassment matters and reductions in force. Its varied client base includes AMN Healthcare, Dole Food Company, Dollar Thrifty, Google and Wells Fargo Bank.

Sources say: "The attorneys have an excellent approach when giving advice: practical, no-nonsense and business-oriented. When you ask them a question you get a quick, straightforward answer."

KEY INDIVIDUALS Dwight Armstrong acted as lead defense counsel for Western Digital on a statewide wage and hour class action alleging misclassification of engineer employees. Sources praise his "wide-ranging knowledge and personable manner with clients."

THE FIRM This boutique firm maintains a 25-strong team of attorneys in San Francisco and Los Angeles, specializing in representing public and private employers. The group is also noted for its expertise in labor arbitrations and union negotiations, and is much sought-after for its counseling and training to management on a variety of issues. Its impressive portfolio of clients includes Gucci, BAE Systems and NBC Universal.

Sources say: “The attorneys certainly come recommended; they are clearly committed to the field and always produce work of the highest quality."

KEY INDIVIDUALS “Passionate, energetic and intelligent,” Stephen Hirschfeld is “cost-sensitive and a delightful personality.” He continues to focus on international compliance and carrying out workforce reorganizations.

THE FIRM This practice operates out of bases in Los Angeles and San Francisco, and provides employer and management clients with advice and representation across the full spectrum of labor and employment matters. The attorneys have particular experience in healthcare, hospitality and manufacturing, among other areas. It is also much sought-after by clients within technology, media and financial services.

KEY INDIVIDUALS Judith Droz Keyes wins particular praise for her expertise in wage and hour actions and is described as “personable, professional and always able to adapt her approach to best suit the needs of her client.”

THE FIRM This practice has offices in San Francisco and Los Angeles, and regularly pools expertise with other groups within the firm. The team acts for a range of clients, including First Republic Bank, Ignite Restaurant Group and Brocade Communications Systems. As well as handling wage and hour class actions and labor disputes, it is also sought after to act in retaliation, discrimination, harassment and wrongful termination litigation. In addition, its ‘Health Employment and Labor Initiative’ is just one example of the firm’s dedication to providing a fully comprehensive service to its business clients.

Sources say: “This group is utterly receptive to company needs: the lawyers are responsive, conscientious about billing and clearly knowledgeable about the law; they are always easy to work with."

KEY INDIVIDUALS National cochair of the practice group, Michael Kun earns much praise from clients and is described as "personable, engaging and straightforward in his manner; he really instills absolute trust."

THE FIRM This national labor and employment boutique operates out of five offices throughout the state and specializes in advising management on workplace law. Notable areas of strength include disability, leave and health management, and wage and hour compliance. The group is also commonly called upon to handle labor matters, including preventive practices, and litigation. Key clients include Employers’ Resource Management Association, JPMorgan Chase and Kaplan.

Sources say: “The firm is well connected and the attorneys really know their stuff; their analysis is always sound and they are highly cost-effective, particularly given the caliber of the work.”

KEY INDIVIDUALS Kevin Lauri is managing partner of the firm's New York City office and a key contact within the practice.

THE FIRM This labor and employment boutique offers a full spectrum of services, including class action avoidance and defense, workplace safety, and labor management relations. It is also recommended for its expertise in international employment and labor law, and continues to assist clients with equal employment opportunity and discrimination matters.

Sources say: “A highly competent, thorough practice that gets good results quickly.”

KEY INDIVIDUALS The highly regarded Garry Mathiason oversees the firm’s corporate compliance practice group and was instrumental in securing a Supreme Court decision in favor of a management client, which ultimately upheld a collective bargaining agreement containing a no strike clause. Henry Lederman is “a highly astute fellow and a terrifically effective litigator.” He concentrates on the areas of employment discrimination and wrongful termination litigation and appeals, as well as issues arising from the enforcement of arbitration agreements. Based in Los Angeles, William Emanuel represents management and employer clients in collective bargaining negotiations, and in the administration of union contracts and business restructuring decisions. “Seasoned veteran” George Tichy wins much praise for his work in wrongful termination disputes, labor-management relations and collective bargaining.

THE FIRM This practice fields more than 40 attorneys throughout its four California offices in San Francisco, Palo Alto, Los Angeles and San Diego. The team is renowned for its work in high-stakes litigation, alongside providing counseling, auditing and litigation avoidance strategies to its employer clients. In a recent highlight the group scored a major victory for Brinker International regarding a potential class action in connection with restaurant workers suing for missed meal and rest breaks. Other key clients include Konami, Novartis and Robert Half International.

Sources say: “This is an impressive group: the attorneys are sound litigators and provide excellent advice. The firm's expertise also reaches beyond labor and employment, so I feel we really get a full service."

KEY INDIVIDUALS Karen Kubin concentrates on defending employers in complex litigation including ERISA violations, theft of trade secrets, and disputes in connection with retaliation and whistleblower laws. She also maintains a particularly impressive record of defeating class certification in wage and hour class actions. The seasoned and much-respected Raymond Wheeler is a former chair of the practice. He is noted for his wealth of expertise across the whole gamut of labor and employment law, and is able to draw on extensive litigation experience before the state and federal courts, the NLRB and the EEOC.

THE FIRM Nixon Peabody has offices in Los Angeles, San Francisco and Silicon Valley, and has a renowned team that handles employment law audits, wage and hour matters, labor management relations, and wrongful discharge and discrimination litigation. It is also noted for its expertise in whistleblower claims and OSHA matters. Additionally, the group remains a sound choice for clients in the technology, finance, pharmaceutical, and food and beverage sectors.

Sources say: “The team always does a wonderful job; the attorneys really command respect and are willing to work with us on unusual fee arrangements."

KEY INDIVIDUALS Jeffrey Tanenbaum is chair of the firm's global labor and employment group and occupational safety and health team. He continues to represent high-profile clients before the state and federal courts and administrative agencies.

THE FIRM This group is particularly renowned for assisting clients in union-organizing efforts, layoffs and terminations, high-stakes litigation and the establishment of personnel policies. It also continues to advise on wage and hour matters, as well as discrimination and harassment issues, and trade secrets. The team is additionally recommended for its strengths at the appellate level.

Sources say: "The attorneys are wonderfully flexible in coming up with creative fee structures and billing arrangements.”

KEY INDIVIDUALS Practice head Fred Alvarez specializes in labor, employment and equal opportunities law. In litigation his focus remains on defending employers against single and class actions and claims brought by former senior executives. Sources praise his "excellent advice and personable manner."

THE FIRM This compact but adept group is well equipped to handle the full spectrum of labor and employment matters, including litigation and traditional labor law counseling. The team has notably litigated matters before the EEOC and NLRB, as well as local administrative agencies and federal and state courts. It continues to be much sought-after by clients within the financial services, healthcare, energy and manufacturing sectors.

Sources say: "The attorneys are tactically sound and always offer excellent advice."

KEY INDIVIDUALS Charles Birenbaum continues to win praise for his work with clients in the renewable energy sector, advising on labor matters relating to mergers, acquisitions, outsourcing and reorganizations. He also has extensive experience in representing management interests in the healthcare sector. Laura Petroff is noted for her work with financial services firms, which includes reshaping workforces. She also comes recommended for her expertise in preventive matters and training.

The much-respected Steven Drapkin of Law Offices of Steven Drakin has a broad-based labor and employment practice and “always remains on top of legal developments.” Peers also praise his "thoughtful and very creative approach to matters." The seasoned Victor Schachter is cochair of Fenwick & West LLP's employment practice group and divides his time between the firm’s San Francisco and Mountain View offices. In addition to being highly experienced in both traditional labor relations and employment litigation, he is also able to advise on management training programs. At Loeb & Loeb LLP, Ivy Kagan Bierman has "built a wonderful practice in the entertainment field.” She represents entertainment companies and related bodies, facilitating their business practices by handling both transactional and litigation matters.
Douglas Hart recently joined Sidley Austin LLP and continues to handle wage and hour work, taking on five such class actions on behalf of a nationwide pharmacy chain. He also acts as labor relations counsel to healthcare clients, handling union campaigns, strikes, negotiations and arbitrations. Linda Husar of Reed Smith LLP has recently argued significant wage and hour actions before the Supreme Court on behalf of a subsidiary of Kroger. She also represents clients against whistleblower claims, employment disputes and public accommodation class actions. Karen Corman of Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates advises on workforce reductions, employee medical leave issues and the negotiation of employment agreement terms. Clients praise her "incredible efficiency and skill." Howard Fabrick recently joined Barnes & Thornburg LLP from Akin Gump. He deals with the talent unions and craft guilds representing employees involved in the production process, and is regarded as “a guru in the entertainment industry labor law field.” He also wins particular acclaim in his handling of employment disputes and the negotiation of collective bargaining agreements.

Future Events 

6th June: Chambers USA General Counsel Seminar: New York

7 June 2012: Chambers USA Awards for Excellence 2012, New York




7 June 2012: Launch of Chambers USA 2012


17 September 2012: Chambers Latin America Awards for Excellence 2012, Miami


25 October 2012: Chambers Bar Awards 2012

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam