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Employee Handbook Revamp Brings Company into Compliance with CA Law

A convenience store chain requested assistance in updating the employee handbook, and its wage and hour policies and procedures, for its California employees.  After a review of the old handbook, counsel determined that several of the company’s wage and hour policies were not up-to-date, subjecting the company to potential liability under...
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EEOC Charge Defeated in Alleged National Origin Discrimination by Luxury Good Retailer

Our client, the manufacturer and retailer of luxury goods, faced an EEOC charge brought by an employee alleging national origin discrimination. CDF successfully guided the employer through the investigation and defended the charge.
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Marketing Co. Defeats Sexual Harassment Claims at Arbitration

A former employee sued her former employer, a marketing company, and co-worker for sexual harassment, sexual battery and intentional infliction of emotional distress.  The plaintiff claimed that the former co-worker had sexually harassed and sexually battered her over a lengthy period of time. Representation included trying the case before an arbitrator...
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Realty Co. Settles Employee’s Commission Claims for Nominal Amount of Demand

A statewide realty company was sued by a former employee for labor code violations, wrongful termination and conversion.  The former employee claimed he had not been paid all his commissions and he was constructively terminated for complaining to his supervisor about the company’s failure to pay him. Defense counsel’s aggressive discovery...
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Commercial Lease Dispute Resolved for Defense Plus Award of Attorneys’ Fees

A commercial landlord faced allegations and a high demand from a tenant claiming lost profits resulting from certain improvements made by an adjacent tenant that interfered with the tenant’s quiet enjoyment and use of its premises, which thereby constituted a constructive eviction.  JAMS issued a final award denying all of the...
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Aggressive Discovery Strategy Allows the Show to Go On

A Fortune 500 engineering and construction company faced breach of contract claims in connection with the construction of a several hundred million dollar, state-of-the-art performing arts facility.  The litigation, which involved the company, owner of the facility, architects, subcontractors, and subconsultants, included the underlying claims brought by the owner as well...
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Complex Litigation Creates Case Law on CA Summary Judgment Statute

In a complex litigation involving 65 business entities and 1,800 pollution sites, obtained a writ that held that the right of a litigant to seek summary judgment, an important right for our clients, is sacrosanct.  Highlights of the case included a rare oral argument on a writ petition, after which the...
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California Consumers Benefit from Out-of-State Computer Seller’s Win in §17200 Action

Successfully obtained summary judgment for an out-of-state computer seller in an action brought by an in-state consumer electronics association to enjoin sales in California.  The association brought a claim under Business & Professions Code §17200 alleging that the seller violated the Song-Beverly Consumer Warranty Act because the seller did not have...
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Employer Persuades DFEH to Dismiss Discrimination Action after Initial Investigation

A former employee alleged discrimination, and the DFEH commenced a full investigation. On behalf of the employer, counsel strategically responded to the investigation in a way that convinced the DFEH to dismiss the action altogether for lack of evidence, nipping in the bud the possibility of full blown litigation.
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Strong Wage and Hour Case Strategy, Threat of Sanctions, Shuts Down Litigation Threat

Handled an employer wage and hour case aggressively by removing it to federal court, which forced initial disclosures and an early exchange of documents proving that the employee was not entitled to any additional compensation.  Also threatened Rule 11 sanctions if the plaintiff did not dismiss the action immediately with prejudice. ...
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Proper Harassment Claim Investigation Terminates Manager and Avoids Litigation

CDF diffused a potentially dangerous employment situation by conducting a full investigation regarding allegations of sexual harassment and discrimination against a career manager.  After the investigation, we guided the employer through the termination process and avoided litigation, underscoring the business value of a properly conducted investigation.
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Board of Directors Advised on Separation Strategy That Prevents Litigation

CDF was retained by an employer to guide its board of directors through the difficult process of separating two high-ranking employees, including an officer.  We advised the board and implemented strategies designed to effect the desired separation, avoid litigation and prevent any adverse public relations.
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Court of Appeal Affirms Dismissal of Discrimination and Defamation Claims

A district manager for a large restaurant chain filed claims for sex and age discrimination as well as defamation against his former employer, his former supervisor, and the employer's parent corporation.  Based on the plaintiff's deposition admissions, CDF obtained summary judgment for all three defendants, which was upheld on appeal.
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Double Defeat of Overtime Misclassification Class Certification

In our defense of a Fortune 500 company threatened with a California class action alleging overtime exempt misclassification by a group of bank employees, we definitively defeated the class certification in both federal and state courts. CDF’s defense was noteworthy because of a prior DOL audit and settlement which reclassified the...
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National Origin Discrimination Claim by Restaurant Manager Rejected by Jury

The plaintiff, a Mexican-American, was a long-term restaurant manager who was terminated by his new district manager.  One month later, the district manager terminated another Mexican-American restaurant manager.  Two months later, the district manager was terminated for making discriminatory comments to his subordinates. In our representation of the large restaurant chain,...
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