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Admitted to Practice

  • California
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Northern District of California

Languages

  • Spanish
  • Italian

Michael A. Aparicio

AparicioMichael
Of Counsel
T415.276.4892
F415.276.6599
Michael Aparicio concentrates his practice on employment law. He represents employers in all types of litigation and pre-litigation counseling, including discrimination, whistleblowing, and wage and hour claims, as well as other employment-related torts and contracts. Mike also has extensive experience obtaining workplace violence injunctions on behalf of employers. He has briefed and argued hundreds of motions in state and federal courts, and has also conducted several jury trials.

Representative Experience

Individual Employment Litigation

Turano v. Pasta Pomodoro et al.

Representing private equity backers of the Pasta Pomodoro restaurant chain, Blackstreet Capital Management LLC, which was named as a defendant in a wrongful termination claim by the former corporate controller of Pasta Pomodoro. (Ongoing)

Carter v. Kaiser Foundation Hospitals

Lead counsel for Kaiser in a disability discrimination/failure to accommodate/failure to engage in the interactive process litigation brought by a former admitting clerk who went out on stress leave and then later developed eye problems, changing the focus of the interactive process. (Ongoing)

Morich v. DNC Parks & Resorts Reservations, Inc.

Representing DNC in a lawsuit by the former director of reservations who claimed disability discrimination after he went on stress leave. The case involved cross-claims for trade secrets violations discovered during the lawsuit. (Ongoing)

Gorfinkle v. NVIDIA Corporation*

Led the team that obtained dismissal and/or summary adjudication of 13 of 14 causes of action against NVIDIA and individual C Suite executives in a wrongful termination case by a high-level, long term employee. (2012)

Kirnos v. Genentech*

Represented Genentech in a gender, race and national origin case brought by a female from Ukraine, alleging her male manager from the Republic of Georgia discriminated against her. Obtained partial summary judgment on complicated FMLA and leave issues. (2010)

Cetlin v. Intuit*

Represented Intuit in a lawsuit brought by a husband and wife alleging age and disability discrimination. (2008)

Confidential software company*

Represented a software company in an arbitration proceeding by the former President of the company, who alleged wrongful termination in relation to his termination following the outbreak of the stock option backdating scandal that hit many technology companies. This confidential software company was one of the first to be identified in backdating issues. (2008)

Employment Class Action and Representative Litigation

Laughlin v. VMware*

Represented VMware in a nationwide FLSA action involving technical trainers, in a case that involved a complicated motion to compel arbitration and arbitration clause construction issues before AAA. (2013)

Paton v. Advanced Micro Devices*

Defended Advanced Micro Devices in a first of its kind class action alleging AMD’s long-standing sabbatical policy was subterfuge for vacation wages, which must be accrued and paid to employees upon termination. (2013)

Marchese v. Juniper Networks*

Represented Juniper Networks in two related class actions alleging claims for overtime by technical support personnel. (2011)

Wofford & Teruel v. McAfee*

Represented McAfee in a class action claims involving overtime for IT and network engineers. One plaintiff voluntarily dismissed his claims and the other resolved his claims as an individual, with the plaintiff’s counsel recovering zero attorneys’ fees. (2011)

Jane Doe v. McAfee*

Represented McAfee in a class action involving claims for overtime for database engineers brought by “Jane Doe." The plaintiff voluntarily dismissed her case after a motion challenging the use of a fictitious name by the class representative coupled with a single, targeted discovery request asking, "state your name." (2010)

Segal v. Juniper Networks*

Represented Juniper Networks in a class action alleging claims for overtime by technical support personnel. (2010)

Gonzalez v. ScanAlert (McAfee)*

Represented ScanAlert (acquired by McAfee) in a class action challenging the overtime exemption status of software sales representatives. (2009)

Zheng v. Siebel Systems*

Led the team representing Siebel Systems in one of the first class actions in the Silicon Valley challenging the overtime exemption status of software engineers. (2006)

Harrah v. Toyota Motor Sales, U.S.A., Inc.*

Represented Toyota in a class action involving truck drivers alleging wage and hour violations, retaliation and RICO violations. Won dismissal through a F.R.C.P. 12(b)(6) motion where the complaint was dismissed without leave to amend. (2004)

Trade Secrets and Employee Mobility Litigation

Prospect Mortgage, LLC v. American Financial Network, Inc. et al.

Leading a team for Prospect in claims alleging employee raiding by American Financial Networks, Inc. and four former Prospect employees. The case is hotly contested by the defendants, who are accused of having orchestrated a planned, mass defection of mortgage loan officers to American Financial Networks, in violation of contractual and common law obligations. The claims seek a potential eight figures in damages. (Ongoing)

Iconix v. NetPickle (now RockYou) et al.*

Represented two former employees and the company they founded in a trade secret/copyright/breach of fiduciary duty action by their former employer, where Iconix accused the founders of RockYou of misappropriating technology developed while working for Iconix. Led the team opposing Iconix’s motion for preliminary injunction seeking to close down RockYou’s business, which was granted but in such a limited way that the business remained open. (2007)

Other Litigation

Hernandez et al. v. Martin Guajardo et al.*

(Pro Bono) Led a team representing a proposed class of former clients of a San Francisco immigration attorney accused of charging exorbitant fees for little or no work, or work that could not obtain positive results.  As a result, many clients were deported, making it difficult or impossible for individual clients to pursue legal action. The lawsuit was brought in conjunction with the City Attorney of San Francisco, on a pro bono basis, and alleged that when Martin Guajardo resigned his California bar license, he sold his firm to another attorney and changed the name on the door, but continued to practice law and charge exorbitant fees. (2013)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Senior Associate, Orrick, Herrington & Sutcliffe LLP, Menlo Park, Calif., 2001-2013
  • Volunteer Assistant District Attorney, Misdemeanor Trial Unit, San Francisco District Attorney’s Office, San Francisco, 2008.  Tried eight cases to verdict, with a record of 7-0-1. 
  • Judicial Law Clerk, Hon. David Briones, U.S. District Court, Western District of Texas, 1999-2001
  • Summer Associate, Orrick, Herrington & Sutcliffe LLP, Menlo Park, Calif., 1997 and 1998

Professional & Community Activities

  • Past Regional President; Deputy Regional President – National Hispanic Bar Association
  • Bar Association of San Francisco
  • American Bar Association