Labor and Employment

Berman Litigation Group attorneys advise employers in every aspect of traditional employment and labor law, ranging from preventative employment counseling to all types of employment-based disputes and litigation.

Our attorneys provide counseling on issues such as hiring, disciplinary actions, terminations and layoffs, employment and severance contracts, covenants not to compete and employee handbooks. We assist with compliance regarding a variety of state and federal laws such as workers compensation, occupational safety and health, wage and hour, and anti-discrimination statutes such as Title VII, the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

Because not all employment issues can be anticipated or resolved prior to litigation, we defend employers before a variety of local agencies, and federal and state courts. The Group has had marked success in defending employers, often winning summary judgment or other pre-trial dismissal. The firm’s trial record is equally distinguished. Where appropriate, we also represent employers in alternative dispute resolution forums, including mediation and arbitration.

Our team has extensive experience in the following related services:

  • Employment policies and procedures
  • Employment contracts and compensation plans
  • Unfair competition and protection of trade secrets
  • Regulatory compliance, audits, investigations and hearings
  • Wage and hour audits and counseling
  • Training on various workplace issues such as prevention of harassment, discrimination, and retaliation; workplace health and safety; administering statutory leaves of absence; and wage and hour obligations
  • Successful representation of employers in employment-related litigation
  • Workplace investigations re: charges of harassment, discrimination or retaliation; workplace violence; theft; whistleblowing; drug or alcohol abuse; disciplinary actions and terminations; and violations of company policies

Notable Cases:

  • Defended design company that was sued for misappropriation of trade secrets and confidential information.  Plaintiff requested more than $2 million in damages.  After a two week jury trial, the jury awarded just $47 thousand in damages.  GMPC v. Walker (L.A.S.C. SC070564)
  • Won arbitration involving shareholder dispute of closely held corporation by successfully petitioning to restore shareholder rights of an individual shareholder and secured multi-million dollar settlement for shareholder.  Beck v. Mausner (L.A.S.C. LC089216)
  • Defended a publicly traded company against misappropriation of trade secrets claims brought by a multinational conglomerate related to call-center activities in the Philippines, and obtained a complete dismissal with prejudice and full release of the client with no money paid by the client after almost four years of litigation.  Aegis USA, Inc. v. TeleTech Holdings (L.A.S.C. BC413423.)
  • Defeated a temporary restraining order and preliminary injunction in an action for trade secret misappropriation and unfair competition involving software and other trade secrets used to provide customer care in the automotive business.  Secured a dismissal with prejudice of the entire action with no payment by client.  Autobytel Inc. v. Newgen Results Corporation (O.C.S.C. 07CC02178)
  • Defended a former employee of plaintiff company in trade secret misappropriation and unfair competition case involving two Fortune 100 companies.  We were retained after plaintiff had already obtained an ex parte writ of seizure of plaintiff’s confidential material from our client’s residence (which required our client to admit that he committed perjury in answering over one hundred questions under oath).  We obtained a complete dismissal with prejudice and full release of the employee for payment of $2500.  3M v. Avery Dennison (Schaub) (O.C.S.C. Case No. 765983)