attorneys

Admissions to Practice:

Stephen is admitted to practice in all California Courts, United States District Court for the Northern District of California, the Ninth Circuit Court of Appeal, and the United States Supreme Court.

Education:

Georgetown University Law Center, Juris Doctor, 1989
Oberlin College, Oberlin, Ohio, B.A. 1984 / Honors in Government

Recognition and State Bar Activities:

Stephen is recognized as a Super Lawyer in the area of Employment Law, and is a Board Member of the Alameda County Bar Association Lawyer Referral Service.

Admissions to Practice:

Mary Kay is admitted to practice in all California Courts, United States District Court for the Northern and Eastern Districts of California, and the Ninth Circuit Court of Appeal.

Education:

Georgetown University Law Center, Juris Doctor, 1989 / Dean’s List
University of California, Berkeley, B.A. / Distinction in General Scholarship, High Honors in Political Science

Community Service:

Mary Kay is a Planning Commissioner and Member of the Personnel Board, City of Berkeley

Areas of Practice

Employment Law:

We have substantial experience in all aspects of employment law representing employees in whistleblower claims, wrongful termination, retaliation, harassment, discrimination on the basis of sex, race, age, sexual orientation and disability, as well as labor code violations, unpaid, underpaid and untimely wages, and severance negotiation.  

Our practice also provides general advice and counseling to small businesses, addressing HR issues, drafting and updating employment manuals, and negotiating and preparing employment and severance agreements.

Representative Cases:

• Successfully settled multiple whistleblower cases in a variety of contexts, including:
  • a governmental employee against a public entity
  • a scientist who reported safety violations against a pharmaceutical company
  • an engineer who was retaliated against by her tech company employer after raising safety and work place violations. 
• Secured a substantial settlement in an age discrimination case by a financial analyst against a major financial institution. 
• Prevailed in a state court jury trials on a number of wrongful termination, breach of contract and Labor Code violation cases. 
• Successfully represented clients in Federal court on race discrimination and wrongful termination cases.  
• Drafted numerous employee handbooks on behalf of small businesses, as well as supplemental documentation regarding employee rights and responsibilities.

Commercial Litigation:

Our extensive experience in commercial litigation includes representing both individual and business clients in a wide range of disputes, involving breach of contract, fraud, eminent domain, interference with business relationships, unfair competition, expropriation of trade secrets, breach of fiduciary duty, rights of minority shareholders, and defamation.

Representative Cases:

• Successfully represented a founding employee in a state court jury trial involving fraud, breach of contract and breach of the covenant of good faith and fair dealing against a Silicon Valley start up company. 
• Represented a minority shareholder in a breach of fiduciary duty case against a real estate company, resulting in a substantial settlement.
• Represented a national retail business in an eminent domain jury trial resulting in a multi-million dollar award. 
• Represented a Native American tribal government in an anticipatory breach of contract dispute, defending against a damages claim in excess of $200 million, securing a complete appellate victory following trial.
• Secured pre-trial settlement following evidentiary motions for major franchisor in a lawsuit by franchisee involving breach of contract claim.

Appellate Practice:

We have a well-developed appellate practice representing individuals, commercial, and governmental clients in complex litigation. We have experience in all aspects of appellate advocacy, including briefing and oral argument before California Courts of Appeal and the Ninth Circuit Court of Appeal, and briefing before the United States Supreme Court.

Representative Cases:

• Lead multi-party defense team successfully upholding multi-million dollar judgment on appeal following eminent domain trial.
• Secured Court of Appeal reversal of $30 million damage claim following breach of contract trial, and successfully opposed Writ of Certiori to the the U.S. Supreme Court.
• Secured ruling in favor of client on whistleblower claim involving issue of first impression in Ninth Circuit Court of Appeal involving interplay between Sarbanes-Oxley and Dodd Frank Acts, with continuing representation in the US Supreme Court.
• Successfully defended employee in appeal of substantial jury trial verdict, securing Court of Appeal reversal of post-trial ruling that partially reduced the jury’s verdict. 
• Represented seller in real estate dispute involving sale of commercial property, with ruling in favor of client on all issues raised on appeal. 

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