Eric Tate is co-chair of the firm’s Global Employment and Labor Group. He has represented technology and other companies in the biggest and most highly-publicized trade secrets and employee raiding and mobility cases across multiple industries. Eric also represents companies in whistleblower, wage and hour, and other employment litigation. In addition, Eric counsels companies on employment law compliance and transactional matters, including enforceability of restrictive covenants throughout the United States, internal investigations of alleged executive misconduct and whistleblower activity, employment aspects of mergers and acquisitions, and collective bargaining and traditional labor relations.
Eric is a leader in the American Bar Association (ABA) Labor and Employment Section and Employment Rights and Responsibilities Committee, serving as co-chair of the Covenants Not to Compete and Trade Secrets Subcommittee and recently elected to the governing Council for the Labor and Employment Section. Eric has also served as a past co-chair of the ABA’s Annual Meeting Committee, the ABA Labor and Employment Law Section Annual CLE Conference, the ABA’s Annual Meeting Committee, and the Alternative Dispute Resolution, Employment At-Will and Collateral Torts, and Worker Dislocation Subcommittees. He also served on the Planning Committee for the National Employment Law Council’s Annual Conference. Eric has been recognized by San Jose magazine as one of Silicon Valley’s Top 300 lawyers, as a Super Lawyer by Northern California Super Lawyers magazine, and as one of the Daily Journal’s “Top 20 Under 40.” He has also been listed in Legal 500 US and Best Lawyers in America.
Eric is a thought leader and on the Board of Review for leading BNA treatises Trade Secrets: A State-by-State Survey; Covenants Not to Compete; Employee Duty of Loyalty; and Tortious Interference in the Employment Context. He also is a contributing editor for Trade Secrets (Law and Business) and author of “Trade Secrets and the Activision Case: Lessons for Employers and Employees” in the IP Litigator; “Protect Your Investments: Recent Developments in California Law Regarding Non-competition Agreements and Other Restrictive Covenants” in NVCA Today; “Microinequities: Can Bad Behavior Be Actionable?” in The National Law Journal; “The When, Who and How of Workplace Investigations” in The Practical Litigator; Trade Secrets: A State-by-State Survey (BNA) 5th Edition, Board of Review Associate Editor; Covenants Not to Compete (BNA) 10th Edition, Board of Review Associate Editor; Employee Duty of Loyalty (BNA) 5th Edition, Board of Review Associate Editor; Tortious Interference in the Employment Context (BNA) 4th Edition, Board of Review Associate Editor; “A TRO Non-Compete Primer for the 21st Century,” paper for ERR Midwinter Meeting presentation; “The NLRB’s Decision in Browning-Ferris of California (2015) One Month Later: Is the Sky Falling for Employees?” in Morrison Foerster Employment Law Commentary; and “California Raises Bar for Employers Again: Gender Pay Bias Claims Set to Take Off With New Gender Pay Equity and Anti-Discrimination Law” in Bloomberg BNA Daily Labor Report.
Eric serves as a mediator for the Northern District of California’s Alternative Dispute Resolution Program, handling trade secrets and employee mobility, wage and hour, employment discrimination and harassment, and traditional labor relations matters.
Eric is active in community endeavors. He founded and is a former president of the board of directors of Hapa Issues Forum, Inc., a nonprofit community organization that addresses issues relating to persons of partial Asian descent. In addition, Eric is a past president of the board of directors of the Japanese Cultural and Community Center of Northern California. He also is a member of the INROADS Alumni Association, the 100 Black Men of the Bay Area, Inc., and has served as a mentor for students in the Level Playing Field Institute’s IDEAL Scholars Program.
Eric received his B.A. in political science from the University of California, Berkeley, and his J.D. from the Boalt Hall School of Law at the University of California, Berkeley.
Representative Trade Secret and Employee Mobility Litigation Matters
Representative Wage and Hour Litigation Matters
Other Representative Litigation Matters
Representative Traditional Labor Matters
Other Representative Non-Litigation and Transactional Matters
Eric Tate has been recommended by Best Lawyers in America, Legal 500 US and Super Lawyers. He has also been recognized by San Jose Magazine as one of Silicon Valley’s Top 300 lawyers, and in 2008 as one of the Daily Journal’s Top 20 Under 40.
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