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Frank  Birchfield

Areas of Practice

frankbirchfield@dwt.com
(415) 276-6500

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Frank Birchfield
Partner- San Francisco, California Office

Representative Experience
Management-side employment law counseling and the defense of employment-related claims

Assists employers in managing human resources strategy, risk avoidance, labor relations, and day-to-day employee relationships, including:

  • Preparation and review of executive employment agreements and proprietary information agreements
  • Negotiation of collective bargaining agreements
  • Assistance with due diligence and M&A risk assessment in business transactions
  • Conduct of sexual harassment investigations and mediation of workplace disputes
  • Secondment as interim in-house employment counsel for a system of 20,000 employees
  • Evaluation of exempt and non-exempt employee status to determine employer exposure to both individual and class wage and hour claims
  • Advise employers in statistical analysis of their workforces to reduce EEO litigation risk
Defended numerous litigation matters involving claims of wage and hour violations, alleged employment discrimination, and private property access issues. Representative litigation experience includes:
  • Co-counsel for an employer in a multi-plaintiff jury trial in federal district court, defending cutting-edge wage and hour claims involving exemptions for computer professionals in California. The trial resulted in a complete defense verdict.
  • First-chair counsel defending a national media company against claims of gender discrimination, harassment, and retaliation by a popular anchorwoman. The case resulted in a complete defense verdict.
  • First-chair counsel involving premises liability claims for an employee death, obtaining a complete defense verdict.
  • Co-counsel pursuing a trespass action on behalf of a large retailer under California’s Pruneyard Shopping Center doctrine, obtaining a TRO and stipulated permanent injunction for property owner.
  • Primary counsel in more than 300 NLRB proceedings and labor arbitrations.
  • Favorable settlement of a complex and difficult disability case with a substantial seven-figure exposure for the employer.
  • Favorable settlement of a challenging racial harassment case on terms agreeable to the employer.

Prior Experience
Partner, Litigation Department, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA

Associate, O’Melveny & Myers, San Francisco, CA

Memberships and Activities
State Bar of California; Northern District of California; Central District of California; District of Columbia Bar (inactive)

Northern California Human Resources Association, National Association of Stock Plan Professionals

Education
J.D., University of Arkansas School of Law, 1993

  • Ranked First in Class
  • Arkansas Law Review
B.A., Hendrix College, 1989






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