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Mr.
Plevin has specialized in serving employers throughout
California for over 21 years. His practice consists
of defending litigated employment claims for private
and public sector clients, providing advice and
counsel regarding a wide variety of employment-related
issues, and conducting management training.
Mr.
Plevin’s litigation experience includes well over 200
employment cases for diverse clients such as the
University of California, various California Superior
Courts, Gateway, QUALCOMM, Biogen Idec, Jenny Craig,
Inc., Vivendi Games, Mitchell International, Rubio’s
Restaurants, Chapman University and First National
Bank. Mr. Plevin is an experienced trial attorney,
with an excellent record in jury trials of employment
matters including sexual harassment, employment
discrimination, wrongful termination, fraud and
related claims. He also has extensive experience in
other employment-related claims, including trade
secrets disputes and wage and hour class actions.
Mr.
Plevin applies his litigation experience to counsel
California employers on the day-to-day issues that
confront them. He advises employers on a wide variety
of matters, including discipline and terminations,
layoffs, wage/hour and leave questions, disability
issues, the investigation of harassment and other
misconduct, executive compensation issues, the
adoption and application of employment policies, and
employment and severance agreements.
Training is another important part of the firm’s
practice. Mr. Plevin regularly provides
employment-related training, and has developed a
seminar entitled “Seven Habits of the Frequently Sued
Manager” that is popular with several leading San
Diego companies
Mr.
Plevin is a frequent speaker on human resources issues
to groups such as the Society for Human Resources
Management, the Compensation and Benefits Association,
the Association of Independent California Colleges and
Universities and the American Corporate Counsel
Association.
Since 2005, Mr. Plevin has been selected by his peers
to be included in The Best Lawyers in America,
one of just a handful of San Diego employment
attorneys that share this honor. In 2006 he was also
named as one of San Diego’s top labor and employment
lawyers by the San Diego Daily Transcript and
was highlighted by The Recorder and callaw.com
as one of California’s top employment lawyers not
working at a "mega firm." He is also listed in
Southern California Super Lawyers and The Best
of the U.S. attorney listings for 2007 and 2008.
He has achieved Martindale Hubbell’s highest rating
("AV"”) for Legal Ability and General-Ethical
Standards.
REPRESENTATIVE
MATTERS
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Defense verdict in bench trial of
race and discrimination claims by Employee
Relations Manager of public entity employer
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Summary judgment for private
university client in highly publicized qui
tam action under the federal False Claims
Act alleging fraudulent receipt of student aid
funding
-
Successfully opposed class
certification in overtime class action involving
software engineers
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Obtained a $600,000 writ of
attachment against former executive based on
travel and expense abuses
-
Successful trial of scientific
misconduct charges to University Privilege and
Tenure Committee and successful defense of related
writ proceeding
-
Favorable settlement of wage and
hour class actions involving meal and rest breaks
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Jury trial to defense verdict of
"hiring fraud" and Labor Code section 970 claims
-
Jury trial to defense verdict of
claims of hostile environment sexual harassment
and gender discrimination
-
Jury trial to partial defense
verdict on claims of gender and age discrimination
and retaliation in tenure denial of University
professor
-
Successful defense of claim in
arbitration by former executive for contractual
severance pay
-
Summary judgment for a public
entity client in age discrimination case arising
out of a failure to hire a ling term contractor as
an employee
-
Summary judgment for employer in
claims of breach of employment contract, national
origin discrimination and harassment, and
retaliation
-
Summary judgment for public
entity employer on race and age discrimination
claim based on a refusal to hire
-
Summary judgment for public
entity employer on Labor Code section 1102.5
retaliation claim
-
Dismissal of University
professor’s wrongful termination claim based on
unsuccessful writ of mandate challenge to
personnel action
-
Representation of employer in
unfair labor practice proceedings on appeal to the
National Labor Relations Board and in connection
with representation election
-
Development and preparation of
employment agreement for Chief Executive Officer
of pre-IPO technology company
-
Training of management on issues
of harassment, discrimination, and avoiding
employment lawsuits
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Advice on employment issues
arising from merger of public companies
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Advice on corporate-wide layoff
for national company with operations in several
states
PROFESSIONAL EXPERIENCE
- Paul, Plevin, Sullivan & Connaughton
LLP - Managing Partner
August 1998 - Present
- Gray Cary Ware & Freidenrich
(1986-1998)
Associate (1986-1992); Partner (1993-1998)
Chair, Gray Cary Employment Services Practice Group (1998)
EDUCATION
- Boston University School of
Law
J.D. 1986, magna cum laude
- State University of New York,
Albany
B.S., Biology, 1983, cum laude
RECENT PUBLIC SEMINARS
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Dealing with Misclassified
Employees (for SHRM Law Day) – January 2008
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Leave of Absence “Boot Camp” (for
SHRM San Diego and American Corporate Counsel) –
January and May 2007
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Investigating Employee Misconduct
(for American Corporate Counsel Association) - May
2006
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2003 – 2008 annual Employment Law
Update (for San Diego Compensation and Benefits
Association)
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Conducting Internal
Investigations (for SHRM Law Day) – February 2006
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Complying the State and Federal
Background Check Laws (for Association of
Independent California Colleges and Universities)
– December 2005
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Telework in the 21st Century
(2006 PPS&C Workplace Law Update) – October 2005
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The Ten Most Common Employment
Law Mistakes (for SHRM San Diego) – January 2005
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