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Litigation
Paul, Plevin attorneys represent
California employers in all types of contested matters,
from arbitrations, to administrative hearings, to class actions, to jury
trials, to appeals. The firm’s experience base is
vast. All six litigation partners have experience in
multiple jury trials and appeals, and combined have over
100 years of employment litigation experience.
In litigated matters, Paul, Plevin has
a solid track record of delivering outstanding results. First and foremost, whenever
appropriate and consistent with the needs of our client,
we aggressively pursue the early and economical
resolution of cases through early, candid case
assessment, mediation and settlement.
Our combined expertise, derived from resolving literally
thousands of employment claims, gives us a unique
perspective in the evaluation of claims. When early
settlement is not possible, the firm has an outstanding
record disposing of matters through motion work. The
firm’s specialization in employment law and our
attorneys’ experience in identifying and pursuing the
arguments that can win a motion give Paul, Plevin
clients an advantage in getting the right motion filed,
with the best chance of success. When a case must go
the distance, our attorneys have the skill, experience
and confidence to take a case to trial and win it.
Firm attorneys are constantly in court
and appearing before administrative agencies. Examples
of recent outcomes in firm matters include:
Jury and Bench Trials
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Obtained a defense judgment in an
ERISA arbitration on behalf of defense contractor whose
former executives claimed entitlement to executive
benefits in excess of $10 million.
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Obtained a defense judgment in a bench
trial on behalf of a wireless internet service
provider against a plaintiff who alleged he had been
misclassified as an exempt employee and was denied
overtime pay and meal and rest periods. On
appeal, the Court of Appeal published a decision
clarifying the parameters of the administrative
exemption under California law (Combs v. Sky River
Communications, 4th Dist., Div. 1, 2/7/08)
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Obtained a defense verdict on behalf
of a real estate management company in a jury trial
seeking overtime pay and other wage and hour
remedies. In the same trial, obtained a defamation
verdict and punitive damages against the plaintiffs
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Obtained a defense verdict in a bench
trial on behalf of the government entity against a
former Human Resources manager who claimed he was
terminated based on race and/or disability
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Obtained a defense verdict in a jury
trial of a claim by the former men’s basketball coach
for the University of California, San Diego, that the
university misappropriated his summer basketball
league opportunity
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Obtained a defense verdict in a jury
trial of a claim by a former airline employee that she
was fired in retaliation for reporting violations of
FAA security rules, and a verdict on our
cross-complaint against the employee for illegally
recording conversations with employer representatives
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Obtained defense verdict in a federal
court jury trial of an age discrimination claim by an
employee of a Fortune 500 technology company
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Obtained a defense verdict in a jury
trial in case in which plaintiff alleged wrongful
termination and fraudulent inducement of employment by
a client in the financial services industry
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Obtained a defense verdict in a jury
trial on behalf of national computer manufacturer on a
claim by a former employee for hostile
environment sexual harassment and gender
discrimination
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Prevailed in $30 million pension
dispute against labor organization through retirement
plan arbitration, district court proceedings, and
proceedings before Ninth Circuit Court of Appeals
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Obtained a defense award in the
binding arbitration in which plaintiff alleged
wrongful termination in violation of public policy
(termination to divest her of large commissions due)
Case
Dispositive Motion Work
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Obtained summary judgment on behalf
of the University of California, Irvine in a claim brought by a Ph.D.
candidate challenging his dismissal from his doctoral
program. On appeal, secured a published
appellate decision upholding the victory, in which the
court gathered and reaffirmed, as California law, a
variety of well-known federal antecedents, and in a
single opinion covered a broad array of academic
procedural and substantive matters. (Lachtman v.
Regents, 4th Dist., Div. 3, 12/20/07)
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Obtained the dismissal, at the
pleading stage, of a Fair Labor Standards Act class
action claim by employees of a California trial court
alleging off-the-clock work and unpaid meal periods
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Obtained summary judgment on behalf
of a national electronics retailer in a retaliation
and age discrimination case
-
Obtained summary judgment on a
federal court class action age discrimination claim by
over 80 former employees of a large technology company
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Obtained summary judgment in a
section 1983 free speech claim against a university
brought by a faculty member claiming retaliation,
resulting in a published opinion
-
Obtained summary judgment in federal
court for a university in a False Claims Act claim
asserting that the university fraudulently obtained
its accreditation, and therefore fraudulently obtained
state and federal student financial aid
-
Obtained summary judgment on a
whistleblower claim on behalf of a public entity,
followed by an award of over $50,000 in attorneys’
fees against the plaintiff, a high level manager who
sued the agency head
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Successfully defended a writ of
mandate proceeding brought by a tenured university
professor who was disciplined after having been found
to have engaged in research misconduct, and obtained
an affirmance by the Court of Appeal. The firm also
represented the university in the internal university
administrative proceeding
which resulted in the research misconduct finding
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Numerous favorable results in
contested Labor Commissioner claims involving
misclassification, commissions, and overtime.
Class Actions
Class actions are on the increase,
especially in the area of wage and hour disputes. Paul,
Plevin attorneys have extensive experience defending
employers in class actions. The firm’s experience base
includes defending employers in a range of industries in
class actions in state and federal court involving
various aspects of the Fair Labor Standards Act and the
California Labor Code such as employee
misclassification, meal and rest period violations,
employee expense issues, vacation pay, and the Labor Code
Private Attorneys General Act (Labor Code section
2699). The firm also has experience handling class actions
involving allegations of employment discrimination and
WARN Act violations. The firm has worked on class
actions involving thousands of putative class members,
has successfully defeated class certification, and has
represented clients in reaching favorable settlements
that have been approved by the courts.
Other Litigation
Paul, Plevin has extensive experience
in other litigation matters. Firm attorneys have
successfully brought and defended trade secret-related
claims, and have defended several fraud, defamation and
False Claims Act cases, as well as other commercial
litigation.
Agency Proceedings
Firm attorneys regularly appear before
state and federal agencies charged with the enforcement
of labor and employment laws, including the Department
of Fair Employment and Housing, the Equal Employment
Opportunity Commission, the California Labor
Commissioner, the Department of Labor, the Unemployment
Insurance Appeals Board, the Workers’ Compensation
Appeals Board (Labor Code 132a claims), and the National
Labor Relations Board.
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