Global Human Resources Project
Advised a major pharmaceutical and medical device manufacturer regarding HR related aspects of global HR outsourcing transaction, including harmonization of employment policies in 80+ countries, associated restructuring within the HR function, compliance with employment laws, and data privacy compliance.
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Defense Verdict in an Employment Trial
Obtained a defense verdict for our client in a 3-week trial in San Diego County Superior Court. The plaintiff claimed our client had caused him to suffer economic and non-economic damages and sought an award of $13 million, not including punitive damages. The jury took a little more than one hour to deliberate and found in favor of our client on all claims.
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Technology Integrated Group v. FusionStorm
Won a $10.8 million jury verdict and successfully defended all counterclaims in 2010. After a five-week trial involving the value-added reseller industry, a jury found that multiple defendants had violated their duty of care to their former employer and willfully misappropriated three trade secrets. The jury also found that the new employer aided, abetted, and ratified those acts, and awarded punitive damages against plaintiff’s former manager, the new employer, and three of its officers.
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Independent Contractor Misclassification Trial Victory
Won a bench trial in which the plaintiff, a local pick-up and delivery driver, challenged his status as an independent contractor, arguing that he was in fact a common law employee despite the parties’ agreement to the contrary. The court found in favor of our client on all causes of action, holding that the plaintiff was an independent contractor in accordance with the parties’ agreement. Decision was affirmed on appeal.
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Whistleblower Case Against Pharmaceutical Company
Represented a major pharmaceutical company in a Sarbanes-Oxley whistleblower case before the Office of Administrative Law Judges within the U.S. Department of Labor, in which plaintiff alleged his employment was terminated in retaliation for expressing concerns about misleading financial practices. The case settled.
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Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8 (Court of Appeal, Third and Fifth Appellate Districts.)
Secured two appellate court wins for Ralphs Grocery Company. The cases stem from an attempt in January 2008 by Ralphs to implement rules restricting the time, place, and manner of so-called “expressive activities” outside its nonunion Foods Co. warehouse stores — rules that were ignored by union picketers. In the Sacramento and Fresno Superior Courts, Ralphs challenged the constitutionality of California’s 1975 Moscone Act, which deprives state courts of jurisdiction to issue injunctions against peaceful picketing or patrolling involving any labor dispute. The lawsuits also challenged Labor Code Section 1131.8, which independently imposes severe restrictions on a property owner's right to obtain injunctive relief against unions. On Ralphs’ appeals from orders denying injunctive relief, the Third and Fifth Appellate Districts both held that the statutes violated the First and Fourteenth Amendments of the U.S. Constitution and, therefore, were invalid. Both cases are presently pending before the California Supreme Court.
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Morris v. Ralphs Grocery Co.
Won our preemptive motion to strike class allegations in a putative class action on behalf of current and former store cashiers alleging failure to provide suitable seating for the cashiers. The plaintiff subsequently dismissed her case against our client Ralphs Grocery Company.
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U.S. Subsidiaries of Hampson Industries PLC
Representation of the U.S. operating subsidiaries of Hampson Industries PLC, a U.K. publicly-traded company and global manufacturer and supplier of engineered products to customers in the aerospace and specialist engineering markets, in connection with their out-of-court restructuring and ultimate sale to American Industrial Partners for approximately $44 million.
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