Affiliations

• American Bar Association
  • Litigation Section
  • Labor & Employment Law Section
  • EEO Committee
• The State Bar of California
  • Labor & Employment Law Section
• American Employment Law Council
• Defense Research Institute
  • Employment Law Committee
• Bar Association of San Francisco
  • Labor & Employment Committee
• San Francisco Superior Court Arbitrator
• United States District Court, Northern District of California
  • Early Neutral Evaluator and Mediator

Representative Engagements

Trials and Arbitrations

• Successfully defended large office systems company in a complex wage and hour class action by obtaining summary judgment on two class claims, obtaining an order decertifying a large misclassification class, and tying to a defense jury verdict a class claim involving the company’s alleged failure to reimburse employee business expenses.
• Obtained dismissal of class allegations in a wage and hour class action against a large temporary services company, and then tried the companion “representative” claim under the California Unfair Competition Law to a defense judgment.
• Successful defense of national origin discrimination class action against large Silicon Valley manufacturer.
• Defense verdict for employer following jury trial of a disparate treatment/disparate impact age discrimination case.
• Summary judgments for high-technology manufacturer in two separate wage and hour class actions involving the company’s Business Analysts (administrative exemption) and Systems Analysts (administrative exemption).
• Defense judgment for employer in sexual harassment/rape case following two week jury trial.
• Successfully tried to verdict the first HIV discrimination jury trial in the United States.
• Tried to defense judgment a three-week Title VII, § 1981 across-the-board class action in which an airline client was alleged to have discriminated against its skycap employees because of their race.
• Defense judgment in favor of an international engineering firm in a federal court race discrimination class action following a two-week trial.
• Defense judgment in favor of a major airline in a system-wide sex discrimination class action after a two-month trial.
• Defense judgment in favor of large medical insurance group in wage and hour class action on behalf of its Contract Administrators (administrative exemption).
• Successful defense through superior court trial of a company’s commission plan that terminated salespeoples’ rights to commissions upon their termination.
• Series of summary judgments in favor of high-technology manufacturer in a multi-plaintiff case alleging a pattern and practice of discrimination in the company’s workforce reduction practices.
• Obtained summary judgment on behalf of an employer in a wrongful termination action arising from the discharge of an employee suspected of planning to organize a competing company, and successfully defended the judgment on appeal.
• Obtained on behalf of Air Transport Association and major airlines operating in California an injunction against telephone company enforcement of a Public Utilities Commission order prohibiting service monitoring of reservations agent telephone calls.
• Tried an ERISA class action involving changes to former employees’ benefits after the merger of two airlines.
• Defense of attorneys’ fee litigation in a Title VII class action through a Supreme Court decision.
• Obtained dismissal of a suit to compel arbitration over the recognition of a union as the representative of overseas employees of an international airline, and successfully defended the order on appeal.
• Defense judgment in a religious accommodation case after trial on the merits.
• Tried five wrongful discharge actions to jury verdicts.
• Tried in arbitration a union grievance over a plant closure and relocation.

Published Decisions

• Walsh v. IKON Office Solutions, 148 Cal.App.4th 1440 (2007) (decertification of wage and hour class action)
• Rambo v. Delta Family Care Disability Survivorship Plan, 2001 U.S. App. Lexis 11785 (9th Cir.), cert denied, 122 S.Ct. 463 (2001) (ERISA disability benefits denial)
• Ferris v. Delta Air Lines, Inc, 102 F.Supp. 2d 132 (E.D. N.Y. 2000) (Sexual harassment/rape of one employee by a co-employee, employer duty to prevent sexual misconduct)
• Matteo v. United States Pipe & Foundry Co., 164 L.R.R.M. 2479 (N.D. Cal. 2000), aff’d, 2001 U.S. App. Lexis 11662 (9th Cir. 2001) (Retaliation for OSHA complaints, duty of fair representation)
• Martin v. Lockheed Martin Missiles & Space, 12 NDLR 126, 7 Am. Disab. Cases (BNA) 1861 (N.D. Cal. 1998), aff’d, 187 F.3d 648 (9th Cir. 1999) (ADA/FEHA disability discrimination claims)
• Sullivan v. Delta Air Lines, 58 Cal.App.4th 938 (1997) (Alcohol and Drug Rehabilitation Act, public policy discharge claim)
• Haskins v. Trans World Airlines, 73 FEP Cases 1698 (C.D. Cal. 1997) (Title VII, § 1981 race discrimination class action)
• Gaeta v. Delta Air Lines, 25 CCH Avi Cases 18,173 (N.D. Cal. 1997) (termination of travel agency contract, defamation)
• Sullivan v. Delta Air Lines, Inc., 43 Cal.App.4th 1159 (1996), rev’d, 15 Cal.4th 288 (1997) (survivability on appeal of emotional distress damage award)
• Stolmeier v. Yellow Freight, 64 EPD 42, 957, 3AD Cases 65 (D. Or. 1994) (handicap discrimination, failure to reinstate after on-the-job-injury)
• Harden v. Maybelline, Inc., 230 Cal.App.3d 1550 (1991) (wrongful discharge, employment-at-will disclaimers)
• Myles v. Delta Air Lines, 6 IER Cases 123, 117 CCH Lab. Cases 56,497 (D. Utah 1990) (employment at will disclaimers)
• Cook v. Yellow Freight, 53 FEP Cases 1681 (E.D. Cal. 1990) (discovery of employee files in sexual harassment case)
• IUFA v. Pan Am, 21 CCH Avi Cases 18,452 (N.D. Cal. 1989), aff’d, 923 F.2d 678 (9th Cir. 1991), vacated as moot, 966 F.2d 457 (9th Cir. 1992) (RLA suit to compel arbitration involving question of application of RLA to overseas operations of U.S. airlines)
• Jones v. Pan American World Airways, Inc., 5 IER Cases 1358, 54 EPD 40, 302, 53 FEP Cases 1092, 135 LRRM 2138 (N.D. Cal. 1990) (race discrimination, retaliatory discharge)
• Panopulos v. Westinghouse, 216 Cal.App.3d 660, 264 Cal.Rptr. 810 (1989) (constructive discharge, statute of limitations)
• Lehman v. Western Air Lines, 51 EPD 39,237 (D. Minn. 1989) (age discrimination)
• Edelman v. Western Airlines, 129 LRRM 2198 (W.D. Wash. 1988), aff’d, 892 F.2D 839 (9th Cir. 1989) (wrongful discharge, RLA preemption)
• Arehart v. Western Air Lines, Inc., 47 FEP Cases (BNA) 251, 46 CCH EPD  38,079 (C.D. Cal. 1988) (pregnancy discrimination, wrongful termination)
• Air Transport Association, et al. v. Public Utilities Commission, 833 F.2d 200 (9th Cir. 1987) (declaratory and injunctive relief action against PUC regulations on airline service monitoring)
• Kunzi v. Pan American World Airways, 833 F.2d 1291 (9th Cir. 1987) (wrongful discharge, RLA preemption)
• Fowler v. Varian Associates, 196 Cal.App.3d 34 (1987) (summary judgment in wrongful discharge action)
• Paige v. Henry J. Kaiser Co., 826 F.2d 857 (9th Cir. 1987) (wrongful discharge, § 301 preemption)
• Hudson v. Western Airlines, 44 FEP Cases 992 (C.D. Cal. 1987), aff’d, 851 F.2d 261 (9th Cir. 1988) (religious accommodation)
• Utley v. Varian Associates, 625 F.Supp. 104 (N.D. Cal. 1985), rev’d on jurisdictional grounds 811 F.2d 1279 (9th Cir. 1987) (state law race discrimination action and Executive Order 11246 claims)
• Hatchel v. Yellow Freight System Inc., 2 IER Cases 307 (N.D. Cal. 1986) (wrongful discharge)
• Miller v. United Air Lines, 174 Cal.App.3d 878 (1985) (wrongful discharge, RLA preemption, age discrimination)
• Gianaculas v. Trans World Airlines, 761 F.2d 1391 (9th Cir. 1985) (three-plaintiff wrongful discharge case)
• Sheffield v. Eli Lilley & Co., 144 Cal.App.3d 583 (1983) (industry-wide product liability appeal)
• Shah v. Fireman’s Fund Insurance Co., 29 EPD 32,804 (N.D. Cal. 1982) (Title VII and § 1871 national origin discrimination case)
• Sproat v. Trans World Airlines, 113 LRRM 2442 (N.D. Cal. 1982) (wrongful discharge, duty of fair representation, RLA preemption)
• Thornberry v. Delta Air Lines, 676 F.2d 1240 (9th Cir. 1982), vacated, 461 U.S. 952 (1983) (Title VII attorneys’ fee litigation)
• Westerlund v. Fireman’s Fund Insurance Co., 24 FEP Cases 1190 (N.D. Cal. 1980) (Title VII attorneys’ fee litigation)
• Apperson v. Exxon Corp., 24 WH Cases 364 (E.D. Cal. 1979) (40-plaintiff Portal-to-Portal Act case)
• Rankin v. Howard, 457 F.Supp. 70 (D. Ariz. 1978) rev’d, 633 F.2d 844 (9th Cir. 1980) (cult deprogramming case)
• Williams v. Local 3, IUOE, et al., 18 EPD 8,807 (N.D. Cal. 1978) (title VII class action, standing to sue)
• El Concilio v. Modesto School District, 26 F.R.Serv.2d 1172, 17 FEP Cases 818 (N.D. Cal. 1978) (Title VII class action)
• Baer v. Baer, 450 F.Supp. 481 (N.D. Cal. 1978) (cult deprogramming case)
• Agarwal v. Arthur G. McKee & Co., 16 EPD 8,301 (N.D. Cal. 1977), aff’d, 644 F.2d 803 (9th Cir. 1981) (Title VII class action)
• Thornberry v. Delta Air Lines, 13 EPD 11,513 (N.D. Cal. 1976) (Title VII class action, venue, Equal Pay Act)
• Roberts v. Western Airlines, 425 F.Supp. 416 (N.D. Cal. 1976) (Title VII class action)
• Westerlund v. Fireman’s Fund, 11 FEP Cases 744 (N.D. Cal. 1975) (Title VII class action)
• Lewis v. Western Airlines, 10 FEP Cases 534 (N.D. Cal. 1975) (Title VII class action), and 379 F.Supp. 684 (N.D. Cal. 1974) (Title VII, Executive Order 11246)
• Hamilton v. United States, 497 F.2d 370 (9th Cir. 1974) (air crash appeal)
  

Presentations

• Lecturer, California Continuing Education of the Bar, “Recent Developments in Employment Law” (Lectures on implied contracts, federal preemption of common law claims, employment discrimination, sexual harassment, the 1991 Civil Rights Act, wrongful discharge, litigation strategies, seniority systems, handicap discrimination, accommodation principles, public policy discharge claims, workers’ compensation preemption, statutory attorneys’ fees, reductions in force, the federal and California family and medical leave acts, class actions, and Federal Plant Closure Act), 1989-2005.
• Panelist (with J. Larkin), San Francisco Bar Ass’n. Program, “Ethical Issues in Litigating/ Settling Class Action Cases,” San Francisco, California, May 2005.
• Panelist (with J. Larkin, E. Wynne), California State Bar Ass’n., Labor and Employment Section Annual Meeting, “Class Actions — Everything You Always Wanted to Know But Were Afraid to Ask,” Anaheim, California, November 2005.
• Speaker, The Recorder/American Lawyer Media Roundtable, “Employment Class Actions,” San Francisco, California, September 2004.
• Speaker & Panelist, San Francisco Bar Ass’n. Labor & Employment Committee Annual Meeting, “Federal and California Class and Representative Actions” (Yosemite, California, February 2004).
• Speaker, 2003 Seyfarth Shaw Labor & Employment Law Symposium, Labor Code Class Actions,” San Francisco, California, November 2003.
• Panelist (with J. Finberg, B. Goldstein), Glasser LegalWorks Seminar on Litigation and Resolution of Complex Class Actions, “Employment Discrimination, ADA and ERISA Claims,” San Francisco, California, December 2003.
• Lecturer, Law Education Institute 2002 Conference on Labor and Employment Law, “Jury Instructions in Employment Cases,” Vail, Colorado, January 2002.
• Lecturer, Law Education Institute 2001 Conference on Labor and Employment Law, “The Prosecution and Defense of Retaliation Claims,” Vail, Colorado, January 2001.
• Panelist, Federal Trial Practice: Motions to Compel Independent Medical Examinations in Employment Cases, 2000 Midwinter Meeting, EEO Committee, American Bar Association Section on Labor & Employment Law, March 21 - 25, 2000 (Tucson, AZ)
• Lecturer, Law Education Institute 2000 Conference on Labor and Employment Law, “Countdown to Trial: Trial Minus 60 days and Counting,” Vail, Colorado, January 2000.
• Lecturer, Law Education Institute 1999 Conference on Labor & Employment Law, “The Ten Biggest Mistakes Each Side Makes in the Trial of an Employment Case”, Vail, Colorado, January 1999.
• Lecturer, Law Education Institute 1998 Conference on Labor and Employment Law, “Bulletproofing Clients from Being Identified as a Big Case,” Vail, Colorado, January 1998.
• Lecturer, Law Education Institute 1998 Conference on Labor & Employment Law, “Effective Motion Practice in the Defense of Employment Cases,” Vail, Colorado, January, 1998.
• Lecturer, Law Education Institute 1997 Conference on Labor & Employment Law, “Effective Depositions in Employment Cases,” Vail, Colorado, January, 1997.
• Panelist, Law Education Institute 1997 Conference on Labor & Employment Law, “Discovery Tools and Trial Tactics in Jury Trials,” Vail, Colorado, January, 1997.
• Lecturer/Panelist, Institute of Business Law Conference on Employment Regulations in California, “How to Fire Employees Without Getting Burned,” San Francisco, November, 1996.
• Panelist, Federal Trial Practice Seminar, 1996 Midwinter Meeting, Equal Employment Opportunity Committee, American Bar Association Section of Labor and Employment Law, March 27-30, 1996 (Carlsbad, California).
• Lecturer, Business Development Associates/Executive Enterprises Seventh Employment and Labor Law Institute for Corporate Counsel, “Protecting Confidential Information and Trade Secrets,” San Francisco, February 26-27, 1996.
• Lecturer, National Employment Law Institute Employment Law Conference, “Privacy in the Workplace,” San Francisco, November, 1995.
• Lecturer, Defense Research Institute Sexual Harassment Seminar, “Defending Against the Sexual Harassment Expert,” New York, April 1995.
• Lecturer, Defense Research Institute Sexual Harassment Seminar, “Sexual Harassment Claims and the Media: Handling the High Profile Case,” New York, April 1995.
• Lecturer, Prentice-Hall Employment Litigation Institute, “Pre- and Post-Trial Dispositive Motions, Pre-Trial Motions, and Motions in Limine,” and author of paper on the same subject, February 1993.
• Lecturer, Lorman Business Center, Inc. Seminar: Employment and Labor Law in California, “Current Issues in Employment Discrimination Law, 1989-1990” and author of paper on same subject, July 1990.
• Lecturer, Annual Meeting of International Association of Insurance Counsel, “Employment Litigation: Sex, Age and Race Discrimination Claims,” July 1985.
• Lecturer, Developments in Employment Law, seminar sponsored by the Employee Relations Law Journal and Executive Enterprises, Inc., “Quotas After Memphis Firefighters: An Employer’s View,” May 1985.
• Lecturer, Defense Research Institute Seminar on Damages and Trial Techniques, “Wrongful Discharge and Termination: Damages and Related Issues,” October 1984.
• Lecturer, Developments in Employment Law–Executive Enterprises, Inc., “an Employer’s Obligations to the Handicapped, Disabled or Injured Worker: An Overview,” May 1983.

Personal

• Born–Evansville, Indiana, 1946
• Listed in America’s Leading Lawyers for Business, The Client’s Guide, Chambers USA (London 2005) (“Clients applaud [this] class action luminary for his balance and know-how. A consummate trial lawyer, he is quick on his feet and able to win the trust of a jury.”)
• Listed in Naifeh & Smith, The Best Lawyers in America 2005-2006 (Section on Labor and Employment Law) (Woodward/White, 2002) (also in prior editions since 1988)
• Listed in An International Who’s Who of Business Lawyers (2006), Law Business Research Ltd. (London, 2005)
• Listed in Labour and Employee Benefits Handbook 2004/05, Practical Law Company (Third Edition, London 2005)
• Martindale-Hubbell “AV” rating
• Listed in International Who’s Who of Management Labour & Employment Lawyers, 2005 Edition
• Listed in Who’s Who Legal USA – Management Labour & Employment, 2006 Edition