Case Studies

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Business Reorganization, Restructuring and Downsizing:

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… MORE»

Compliance Audit of Acquisition Target Reveals Critical Liability Info

CDF was hired by a venture capital firm that was considering purchasing a company.  The audit focused on identifying potential liability for a wide range of potential employment law issues such as misclassification, independent contractor issues,… MORE»

Counseled IP Law Firm on Employee Terminations

Successfully counseled intellectual property law firm on all aspects of the employee relationship, including complicated employee terminations, resulting in fewer agency proceedings and no lawsuits. MORE»

Global Corp.‘s Workforce Reduction Executed Fairly and with Minimal Exposure

CDF worked with a large international company and assisted them in a complex and successful reduction in force that included elimination of certain positions on a nationwide basis.  CDF applied our experience and familiarity with the legal and practical… MORE»

CDF Successfully Advises Restaurant Chain on Severance of Manager

When a Northern California restaurant chain discovered that a district manager flouted company policy, the owners were faced with negotiating an amicable separation of one of the company’s longest-term employees, while protecting its ongoing business… MORE»

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,… MORE»

School CEO Makes Graceful Exit Following CDF Agreement

CDF was retained by a nationally renowned educator and CEO of a floundering charter school to develop and negotiate an exit strategy for the CEO from that position.  The strategy we formulated was adopted and the separation occurred without negative… MORE»

Successful Employment Agreements for Rabbi and Cantor Set Right Tone

CDF was hired by a prominent synagogue to negotiate and draft a comprehensive multiyear employment agreement for its new rabbi.  Following those successful negotiations and binding agreement, the synagogue hired CDF to prepare a written employment… MORE»

Leave of Absence Training for Employers

Conducted comprehensive training on leave of absence issues for the executive human resources team of a major California beverage distributor.  Provided ongoing support on leave issues and business friendly solutions regarding existing leave of absence… MORE»

Nonprofit Minimizes Threat of Independent Contractor’s Unemployment Claim

A nonprofit hired CDF to assist the organization with a pending unemployment claim filed by an independent contractor, which had prompted the EDD to make inquiries regarding auditing the organization's other independent contractor arrangements. … MORE»

Business Divorce for Closely Held Company Resolves Amicably and Litigation Free

Our client, a closely held company owned by three equal shareholders, reached an impasse in the management of the company, recognizing that the business could not go on under the current ownership structure.  The owners effectively divorced, with… MORE»

Major Business Transitions and Transactions Advice and Counsel

Provide ongoing counsel to clients during major transactions such as mergers, acquisitions, or sale of business. CDF drafts numerous merger and acquisition agreements and reviews agreements to ensure compliance with the WARN Act and employment law. Our… MORE»

Class Actions:

Global Discount Retailer Shuts Down National FLSA Collective Action Threat

Our client, an international discount retail chain, faced a nationwide putative collective action alleging violations of the FLSA and misclassification of store management employees. When CDF took the early deposition of the named plaintiff to evaluate… MORE»

Domino’s Pizza General Managers Denied Class Certification in Published Decision

Domino's Pizza general managers in California sought class certification regarding misclassification claims and CDF shut down their efforts. After removing the case to federal court, we obtained a ruling denying class certification from the district… MORE»

Denial of Class Certification on Behalf of 20,000 Current and Former Employees

One of the largest security guard companies in the country was sued for meal break, rest break, and off-the-clock violations. The three named plaintiffs filed the case as a class action, seeking certification of a class of 20,000 current and former employees.… MORE»

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… MORE»

Persistence Results in Summary Dismissal of Discrimination Claims

In a case that originally intertwined class action wage and hour violations with a long-term former employee’s individual causes of action, CDF quickly achieved dismissal of the class action claims, reduced the original six individual claims to… MORE»

Five Concurrent Class Actions Throughout CA Resolved for Telecom National Retailer

Our client, a national retailer in the telecommunications industry, faced five separately filed putative class actions by five separate sets of plaintiffs' counsel in five separate counties - Los Angeles, Alameda, Riverside, San Diego, and Monterey. … MORE»

Court of Appeal Affirms Denial of Class Certification for Staffing Co. Managers

In a misclassification class action alleged by a staffing company's service managers, CDF argued that multiple exemptions applied because they performed some duties that met the administrative exemption requirements, and performed other duties that… MORE»

Misclassification Class Certification Knocked Out On Behalf of a Regional Retailer

In our counsel to a regional retailer facing allegations from certain store managers of improper classification, denial of meal and rest breaks, and worked off-the-clock work without compensation, we attempted settlement discussions.  Plaintiffs… MORE»

Wage and Hour Class Action Against Medical Co. Settled Before Complaint Even Filed

Our client, one of the top dental implant manufacturers in the United States, discovered through an audit that it faced potential class action claims arising from wage and hour laws. When a former disgruntled employee's lawyer started moving forward… MORE»

National Cell Phone Retailer Defeats Misclassification Claims Class Certification

A national cell phone retailer sought our help on misclassification claims asserted by store managers and assistant managers in California. In the process of obtaining our client’s intended goal - a ruling denying class certification - CDF interviewed… MORE»

EEO Litigation:

Large National Bank Squashes Age Discrimination Claim with Jury Verdict

A large national bank went to trial to defend itself against age discrimination claims. Prior to the trial, CDF had already reduced our client’s exposure by persuading the judge to dismiss the plaintiff's supervisor, whom was named as an individual… MORE»

Cost Recovery and Attorneys’ Fees Cap Summary Judgment Win in Harassment and Discrimination Lawsuit

When our client, a Fortune 500 provider of internet and cable services, terminated the employment of a software engineer for job abandonment, the former employee immediately filed a multi-claim civil action alleging racial harassment, disability discrimination,… MORE»

Defense Against Whistle-Blower Claims Prevents University Funding Rescission

CDF defended a California public university in allegations brought by a former track coach, which included claims of whistle-blowing of alleged financial improprieties, Title IX violations, and wrongful termination. CDF strategically obtained early dismissal… MORE»

Retailer Defeats Same Sex Sexual Harassment Case with Jury Verdict

Our client, a private corporation with retail outlets throughout the world, was sued by a male security guard from one of their Hawaii stores, who alleged that he had been sexually harassed by the store manager, an openly gay male. CDF went to trial in… MORE»

Reverse Gender Discrimination Allegations Shut Down at Pleading Stage

A former employee sued our client, a national corporation in the transportation industry, for reverse gender discrimination. However, the plaintiff was discharged for inappropriate sexual conduct in the workplace.  The plaintiff argued our client… MORE»

Bank Ends Wrongful Termination Claim, Upheld by CA Supreme Court

Wrongful termination and fraud claims were brought by a high level executive against our client, a bank.  After deposing the plaintiff, CDF brought a motion for summary judgment. The plaintiff’s opposition relied on an extremely lengthy declaration… MORE»

Retaliation Claims Thrown Out After Protracted Litigation

CDF’s client, a leading provider of document management services, was sued by a former highly paid sales representative for alleged whistle-blower retaliation.  In reality, the sales representative was fired for unethical conduct.  Settlement… MORE»

Fast Food Leader Aggressively Defeats Discrimination Claims

Our client, a prominent player in the fast food industry, was sued for various forms of discrimination by a disgruntled former employee.  The plaintiff improvidently chose to sue an individual supervisor as well.  CDF represented both the employer… MORE»

Discovery of “Secret Tape” Leads to Voluntary Dismissal of Discrimination Case

A large national copy service company was sued for sex and race discrimination and wrongful termination.  The plaintiff had secretly tape recorded conversations with his manager in hopes of obtaining evidence helpful to his claims.  After learning… MORE»

Construction Injury Disability Discrimination Suit Dismissed

A former employee of our client, a large construction company, alleged in a lawsuit that he was not properly accommodated and was improperly terminated after he suffered a workplace injury to his shoulder and back.  Following treatment, the employee… MORE»

Gender Discrimination Case Against National Mortgage Lender Defeated in Arbitration

Initially our client, a national mortgage lender, faced a coordinated complex gender discrimination matter brought by four former female employees.  The action contained a full gamut of complaints - more than 50 employment and tort claims, including… MORE»

Aggressive Defense Yields Nuisance Value Settlement in Gender Discrimination Case

Our client, a Fortune 1000 company, faced a gender discrimination claim from a former employee who was part of a reduction in force.  At an early mediation, the plaintiff sprung allegations of a surprise witness who purportedly had direct evidence… MORE»

Race Discrimination Jury Trial Ends in Defense Verdict, Upheld on Appeal

After a two-week jury trial, CDF obtained a complete defense verdict in a race discrimination trial for a large logistics company.  The plaintiff claimed that he was denied a promotion and terminated because of his race and in retaliation for complaining… MORE»

Hospital Wins Voluntary Dismissal of Wrongful Termination Complaint

In a claim of wrongful termination in violation of public policy and age discrimination brought by a psychiatric nurse against a San Diego hospital, CDF filed a motion for summary judgment. We argued that the nurse in question was terminated instead to… MORE»

Persistence Results in Summary Dismissal of Discrimination Claims

In a case that originally intertwined class action wage and hour violations with a long-term former employee’s individual causes of action, CDF quickly achieved dismissal of the class action claims, reduced the original six individual claims to… MORE»

Withering Cross Examination Nets Favorable Settlement and Mid-Trial Dismissal

A female assistant store manager terminated for performance-related reasons sued her employer, a national auto parts retailer, and two of her male superiors for sexual harassment and discrimination, wrongful termination, and retaliation.  On the… MORE»

Disability Related Discrimination Claim Rejected by Court in Summary Judgment

Our client, a national corporation in the transportation industry, was sued by a nearly 20-year employee for wrongful termination and failure to promote based on a disability, and for failure to accommodate a disability.  The plaintiff's employment… MORE»

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… MORE»

Summary Judgment Win in Disability Discrimination Lawsuit

When our client terminated an employee after she was on a medical leave of absence for over seven months, the former employer filed a lawsuit for disability discrimination, wrongful termination, breach of an implied employment contract, breach of implied… MORE»

Immigration:

Large Manufacturer Transfers Overseas Executive to U.S. Subsidiary

A company CEO had as a top priority preparing an L-1A petition to allow an overseas executive to be transferred to the U.S., which we were able to successfully get approved within a few weeks. MORE»

PERM Labor Certification for Chemist Approved by U.S. Department of Labor

Our client, a prominent international pharmaceutical company, had a key chemist that was in H-1B status.  It was important that he be able to work for the company beyond the six-year expiration of H-1B status.  We prepared and filed a labor… MORE»

Hospital Sponsors ICU Nurse for Permanent Residency

Our client, a very large hospital and trauma center, wanted to sponsor a Canadian nurse for permanent residency.  She was critical to the smooth operation of their ICU Unit.  We prepared an I-140 Immigrant Petition for U.S. CIS which was approved.… MORE»

H-1B Visa Approved for Software Developer

A large software developer with operations worldwide requested that we quickly prepare an H-1B visa petition for a key software developer.   We assisted the client with preparation of the petition for U.S. CIS and the public access file required… MORE»

Foreign Investor Granted Permanent Residence

A renowned business consultant and author wanted permanent residence in the U.S. He engaged CDF to prepare an extensive petition for U.S. CIS showing that he met the strict legal test for Employment based 1st Preference due to his extraordinary abilities… MORE»

Best-Selling Author Gets Permanent Residence for Extraordinary Ability

A renowned business consultant and author wanted permanent residence in the U.S. He engaged us to prepare an extensive petition for U.S. Citizenship & Immigration Services showing that he met the strict legal test for Employment based 1st Preference… MORE»

Consumer Products Company Needed H-1B Visa for Post Doctoral Chemist

A large international consumer products company needed a particular individual in H-1B status to assist with their California R & D operation.  The H-1B cap was quickly closing but we prioritized the case, worked throughout the weekend, and kept… MORE»

Traditional Labor Law - Unions and the NLRB:

CDF Helps Construction Company Defeat Union Organizing Campaign

A regional, family owned, non-union construction company that has been in business since the 1950s contacted CDF because they had placed an advertisement for seasonal employment in the newspaper and were "salted" by union organizers employed by Operating… MORE»

CDF Turns Around Unfavorable Arbitration Award Restricting Manufacturer

Prior to retaining CDF, a manufacturing company faced an unfavorable arbitration award that required the company to enter into a union contract and to pay allegedly owed trust fund contributions that accrued during the term of the contract required by… MORE»

Collective Bargaining Agreement Breakthrough Results for Energy Company

A national petroleum company retained CDF to help negotiate the renewal of its CBA with the union.  We were able to obtain negotiated results that provided for positive developments in the contract for the first time in over 15 years.  Under… MORE»

Unfair Competition and Trade Secrets:

Trade Secret Case Settled for Full Value on Eve of Trial

The top sales manager of a specialty insurance broker departed and started a competing brokerage. The former employee hired away key employees and suddenly the brokerage company started losing key customers. CDF acted on behalf of the brokerage and quickly… MORE»

Quick Defeat of Trade Secret Claim; Anti-SLAPP Defense Leads to Dismissal

CDF clients, a regional bank and certain of its employees, were accused by a large national bank of hiring certain of the national bank's former employees and conspiring with them to take the national bank's trade secret information. The national… MORE»

Advertising Co. Resolves Trade Secret Dispute, Avoids Litigation

CDF was retained by a national online advertising company that suspected that its former employees, recently hired by a competitor, had taken trade secret information with them.  As a result of negotiations and informal discovery that was agreed… MORE»

Wage and Hour Issues:

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… MORE»

Overturn Adverse DLSE Decision, Affirm Employee Classification Practice

CDF represented a large hospital chain in a lawsuit brought by a network administrator in a pivotal lawsuit for the company. The employee claimed he was improperly classified as exempt and was entitled to substantial overtime compensation.  Our client’s… MORE»

Verdict Supports Aerospace Manufacturer’s Exempt Classification of Engineer

Our client, an aerospace manufacturing company, was sued for overtime compensation and related penalties for the alleged misclassification of a project engineer.  The plaintiff argued his job duties did not satisfy any of the exemption tests under… MORE»

Wage and Hour Class Action Against Medical Co. Settled Before Complaint Even Filed

Our client, one of the top dental implant manufacturers in the United States, discovered through an audit that it faced potential class action claims arising from wage and hour laws. When a former disgruntled employee's lawyer started moving forward… MORE»

Five Concurrent Class Actions Throughout CA Resolved for Telecom National Retailer

Our client, a national retailer in the telecommunications industry, faced five separately filed putative class actions by five separate sets of plaintiffs' counsel in five separate counties - Los Angeles, Alameda, Riverside, San Diego, and Monterey. … MORE»

Global Discount Retailer Shuts Down National FLSA Collective Action Threat

Our client, an international discount retail chain, faced a nationwide putative collective action alleging violations of the FLSA and misclassification of store management employees. When CDF took the early deposition of the named plaintiff to evaluate… MORE»

National Cell Phone Retailer Defeats Misclassification Claims Class Certification

A national cell phone retailer sought our help on misclassification claims asserted by store managers and assistant managers in California. In the process of obtaining our client’s intended goal - a ruling denying class certification - CDF interviewed… MORE»

Employee UCL Action Prevented by Local Restaurant

A local restaurant faced several Labor Commissioner claims for wage and hour violations from its former servers and cooks.  Soon after, the employees dismissed their Labor Commissioner claims and filed action in California Superior Court alleging… MORE»

Misclassification Class Certification Knocked Out On Behalf of a Regional Retailer

In our counsel to a regional retailer facing allegations from certain store managers of improper classification, denial of meal and rest breaks, and worked off-the-clock work without compensation, we attempted settlement discussions.  Plaintiffs… MORE»

Class Certification Denied in Misclassification Claims Against National Clothing Retailers

CDF obtained a ruling denying class certification regarding misclassification claims asserted on behalf of a national clothing retailer's store managers and assistant managers in California.  In CDF’s deposition of individuals supporting… MORE»

CDF Attorneys Convince DLSE to Dismiss $15,000 Meal and Rest Break Claim in Its Entirety

Jeremy Naftel and Shirin Forootan defended a national security company at a DLSE conference and convinced the DLSE to dismiss the $15,000 meal and rest break claim in its entirety without the need for an evidentiary hearing.  They were successful… MORE»

Workplace Safety and Health:

Workplace Solutions, Advice and Training:

Compliance Audit of Acquisition Target Reveals Critical Liability Info

CDF was hired by a venture capital firm that was considering purchasing a company.  The audit focused on identifying potential liability for a wide range of potential employment law issues such as misclassification, independent contractor issues,… MORE»

Nonprofit Minimizes Threat of Independent Contractor’s Unemployment Claim

A nonprofit hired CDF to assist the organization with a pending unemployment claim filed by an independent contractor, which had prompted the EDD to make inquiries regarding auditing the organization's other independent contractor arrangements. … MORE»

Global Corp.‘s Workforce Reduction Executed Fairly and with Minimal Exposure

CDF worked with a large international company and assisted them in a complex and successful reduction in force that included elimination of certain positions on a nationwide basis.  CDF applied our experience and familiarity with the legal and practical… MORE»

CDF Successfully Advises Restaurant Chain on Severance of Manager

When a Northern California restaurant chain discovered that a district manager flouted company policy, the owners were faced with negotiating an amicable separation of one of the company’s longest-term employees, while protecting its ongoing business… MORE»

School CEO Makes Graceful Exit Following CDF Agreement

CDF was retained by a nationally renowned educator and CEO of a floundering charter school to develop and negotiate an exit strategy for the CEO from that position.  The strategy we formulated was adopted and the separation occurred without negative… MORE»

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… MORE»

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,… MORE»

Counseled IP Law Firm on Employee Terminations

Successfully counseled intellectual property law firm on all aspects of the employee relationship, including complicated employee terminations, resulting in fewer agency proceedings and no lawsuits. MORE»

Successful Employment Agreements for Rabbi and Cantor Set Right Tone

CDF was hired by a prominent synagogue to negotiate and draft a comprehensive multiyear employment agreement for its new rabbi.  Following those successful negotiations and binding agreement, the synagogue hired CDF to prepare a written employment… MORE»

Leave of Absence Training for Employers

Conducted comprehensive training on leave of absence issues for the executive human resources team of a major California beverage distributor.  Provided ongoing support on leave issues and business friendly solutions regarding existing leave of absence… MORE»

Business Divorce for Closely Held Company Resolves Amicably and Litigation Free

Our client, a closely held company owned by three equal shareholders, reached an impasse in the management of the company, recognizing that the business could not go on under the current ownership structure.  The owners effectively divorced, with… MORE»

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… MORE»

Wrongful Termination and Workplace Tort Litigation:

Disability Related Discrimination Claim Rejected by Court in Summary Judgment

Our client, a national corporation in the transportation industry, was sued by a nearly 20-year employee for wrongful termination and failure to promote based on a disability, and for failure to accommodate a disability.  The plaintiff's employment… MORE»

Hospital Wins Voluntary Dismissal of Wrongful Termination Complaint

In a claim of wrongful termination in violation of public policy and age discrimination brought by a psychiatric nurse against a San Diego hospital, CDF filed a motion for summary judgment. We argued that the nurse in question was terminated instead to… MORE»

Global Engineering Firm Secures Verdict Ending Age Discrimination Suit

A 50-year-old urban planner who was terminated by a worldwide engineering firm sued for age discrimination, wrongful termination, breach of implied contract, and discharge in violation of public policy. After waging battle with two experienced and aggressive… MORE»

Bank Ends Wrongful Termination Claim, Upheld by CA Supreme Court

Wrongful termination and fraud claims were brought by a high level executive against our client, a bank.  After deposing the plaintiff, CDF brought a motion for summary judgment. The plaintiff’s opposition relied on an extremely lengthy declaration… MORE»

Cable, Internet and Telephone Service Provider Ends Multiple Employee Claims at Summary Judgment

The only African-American employee in his work unit was terminated for performance reasons.  The employee filed suit against his employer, a large national cable, internet and telephone service provider, for wrongful termination, race discrimination… MORE»

Persistence Results in Summary Dismissal of Discrimination Claims

In a case that originally intertwined class action wage and hour violations with a long-term former employee’s individual causes of action, CDF quickly achieved dismissal of the class action claims, reduced the original six individual claims to… MORE»

Healthcare Co. Secures Defense Verdict in Wrongful Termination Claims

A terminated payroll and benefits coordinator sued a health system that owns and operates hospitals throughout the United States for wrongful termination and retaliatory discharge in violation of public policy.  The plaintiff claimed that her support… MORE»

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… MORE»

Withering Cross Examination Nets Favorable Settlement and Mid-Trial Dismissal

A female assistant store manager terminated for performance-related reasons sued her employer, a national auto parts retailer, and two of her male superiors for sexual harassment and discrimination, wrongful termination, and retaliation.  On the… MORE»

Aggressive Defense in Disability Discrimination Case Leads to Prompt Settlement

A Northern California employer faced a discrimination claim based on disability and wrongful termination brought by an employee who was terminated for legitimate business reasons – primarily failure to report to work.  The employee claimed… MORE»

We have used CDF to handle many of our California matters, including employee litigation, advice and counsel on our California policies, and management and HR training. Their focus on California is an advantage.

Andrew C. Topping
Vice President, Deputy General Counsel, Co-Chief Compliance Officer, Comcast Corporation
Client Testimonial