Zipkin v. Kaiser Foundation Health Plan, Southern California Permanente Medical Group et al.
Lead trial counsel in a case brought by a longtime physician partner of SCPMG with 13 causes of action alleging, among other accusations, unlawful retaliation, violation of public policy, violations of the Cal. Health & Safety and Business & Professions Codes, defamation, and emotional distress. After a three week trial, the judge returned a complete defense verdict for all defendants and claims. (2017)
Rowell v. Sony Pictures Entertainment Inc. and CBS Corporation
Successfully defended Sony Pictures and CBS on claims for discrimination and retaliation under state and federal law brought by an longtime actor who had appeared on a televised soap opera. The District Court dismissed, with prejudice, all but one claim, which later was dismissed voluntarily by plaintiff. The case currently is on appeal. (Ongoing)
March v. Kaiser Foundation Hospitals
Lead counsel for defendants against claims of racial, disability, and sexual orientation discrimination; failure to accommodate; failure to provide meal and rest breaks; and failure to pay all wages, among others. Summary judgment granted on all claims. (2016)
Levingston v. Southern California Permanente Medical Group, Kaiser Foundation Health Plan
Lead counsel for defendants against claims alleging violation of public policy for whistleblowing and wrongful termination, stemming from a doctor raising alleged concerns about incentive programs. Obtained summary judgment on all claims. (2016)
Dennis v. Beachwood Services
Defended entertainment production company in claims alleging race discrimination, harassment, and violation of public policy. Summary judgment granted on all claims. (2014)
Rosenberg v. Redflex Traffic Systems
Defended the largest provider of traffic enforcement cameras against claims brought by former executive for wrongful discharge, violation of public policy, and indemnity under Labor Code section 2802. Obtained complete dismissal of all claims, before discovery, on foreign selection, choice of law, and compulsory counterclaim grounds. (2014)
Lenge v. Charter Communications
Won summary judgment in wrongful termination case involving claims of disability discrimination, failure to accommodate, and retaliation. Employee-plaintiff had dyslexia and was terminated after refusing to return from medical leave. Court found plaintiff’s complaint failed on all seven claims. (C.D. Cal. 2013)
Weaver v. Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group
Won full defense award after two-week arbitration of case brought by a former partner physician alleging nine causes of action related to his partnership and service as a physician with Southern California Permanente Medical Group. (2013)
Porteous, Teri v. Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group
Obtained summary judgment on behalf of various Kaiser entities and an individual defendant in a wrongful termination case alleging claims for age discrimination, retaliation, defamation, violation of Business and Professions Code § 17200, and intentional infliction of emotional distress. (2011)
Winston v. Countrywide Home Loans, Bank of America
Lead trial counsel for defendants in a month-long trial for fraud and wrongful discharge claims brought by former Countrywide executive. Obtained defense verdict at trial on all but one claim. The Court of Appeals found for the defense on the final claim and reversed the judgment in full, (without a new trial) finding that substantial evidence did not support the jury’s verdict. Plaintiff’s petition for review to California Supreme Court denied. (Cal. Super. Ct. 2011; Cal. App. & Supreme Ct. 2013)
Aboseif v. Southern California Permanente Medical Group et al.
Lead defense counsel in an arbitration case brought by a former partner physician alleging nine causes of action related to his partnership and service as a physician. (2012)
Williams v. Sony Pictures Entertainment
Lead defense counsel in case alleging disability discrimination, wrongful discharge, and failing to accommodate. (2011)
Farmer v. Searles Valley Minerals Operations
Defense counsel in action alleging disability discrimination, failure to accommodate, and interference with alleged union-organizing. Obtained summary judgment on all claims; summary judgment was affirmed on appeal. (2011)
Class Action and Multi-Plaintiff Defense
Cosner v. Magic Bubble Productions
Lead defense counsel in wage/hour class action brought against a film production company alleging wage payment, wage statement, and overtime violations. Obtained early dismissal of all class-wide claims. (2016)
Purcell v. Buffalo Wild Wings International, Inc.; Pacific Wings LLC
Defense counsel in class action brought on behalf of restaurant servers in California alleging meal and rest, overtime, and “off-the-clock” violations. (2016)
Horta v. Searles Valley Minerals, Inc.
Lead defense counsel in wage/hour class action alleging meal and rest breaks, overtime, pay stub, and rate-of-pay violations. (2016)
Long v. Playboy Enterprises, Inc.
Obtained summary judgment for defendant in Unruh Act class action brought on behalf of all males in California alleging gender price discrimination connection with third party charitable events held at the Playboy Mansion. Summary judgment upheld by 9th Circuit Court of Appeal. (C.D. Cal., 9th Cir. 2014)
Frye v. Playboy Enterprises, Inc.
Plaintiff’s counsel in Long filed another class action alleging identical claims under Unruh Act. Case dismissed after successful appeal of Long. (C.D. Cal., 2014)
Chullino v. Prospect Mortgage
Lead counsel in wage and hour class action alleging meal period, overtime, and off-the-clock violations. Class claims dismissed before certification. (2012)
Campbell v. American Express, Conde Nast Publications, et al.
Obtained summary judgment as lead defense counsel in class action brought on behalf of all males in California against eight corporate defendants alleging violations of the Unruh Act (gender discrimination) and Gender Tax Repeal Act in connection with a "Women's Golf Month" event. (2012)
Lucarini v. Dresser, Inc.
Lead defense counsel in wage and hour class action brought on behalf of oil industry technicians alleging violations of alternative work week, meal period, on-call time, and off the clock rules. (SBSC 2010)
Henson v. Searles Valley Minerals Operations, Inc.
Lead defense counsel on wage hours class action alleging meal period, pay stub, overtime, and "off-the-clock" violations. (2011)
In re KPMG overtime litigation
Defended KPMG in nationwide consolidated wage and hour class actions alleging improper classification of unlicensed accounting employees. (2012)
Trade Secrets and Unfair Competition
Windsor Capital Group v. Cryan, et al.
Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition, and breach of contract. (2011)
World Financial Group v. HBW Insurance Services
Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition, and breach of contract. (Ventura Cnty. (Cal.) Super. Ct. 2011)
U.S. Trust Company v. Lehman Brothers
Plaintiff's counsel in action alleging misappropriation of trade secrets and employee raiding against Lehman Brothers and individual defendants recruited by Lehman Brothers. Achieved favorable settlement on all claims, including injunctive relief. (Orange Cnty. (Cal.) Super. Ct. 2008)
U.S. Trust Company v. Morris Noble
Plaintiff's counsel in action alleging misappropriation of trade secrets against a senior-level employee who left U.S. Trust to join Morgan Stanley. Case resolved on favorable terms. (San Francisco (Cal.) Cnty. Super. Ct. 2008)
Sale and recapitalization of West Dermatology
Provided employment counsel in the sale West Dermatology, a medical practice and related management services organization (MSO) with over 20 locations in Nevada, California, and Arizona, to private equity firm Enhanced Equity Funds. (2014)
Acquisitions by retailer
Represented global retail company regarding California employment considerations in two strategic acquisitions. (2012)