Timothy M. Freudenberger
Founding Partner & Co-Chair of CDF's Class Action Defense Litigation Practice Group
About Tim
One of the founding partners of CDF, Tim Freudenberger represents California and national employers in all aspects of labor and employment law and related litigation, with a special emphasis on defending class action wage and hour lawsuits, class action employment discrimination lawsuits, class action suitable seating lawsuits, and other complex employment litigation matters. He heads CDF’s class action defense litigation practice group.
He has practiced at the forefront in the defense of wage and hour and other class actions as these high profile cases have threatened employers throughout the state. For nearly two decades, Tim has repeatedly obtained dismissals and defeated class certification, often through strategic deposition techniques and a thorough investigation of putative classes that reveals critical evidence in support of his employer clients.
Tim received a very favorable decision from the California Supreme Court in Duran v. U.S. Bank Nat. Assn., 59 Cal. 4th 1 (2014), followed by a further victory before the Court of Appeal after remand, Duran v. U.S. Bank, 19 Cal.App.5th 630 (2018). His defense work on the case, which lasted for more than a decade and resulted in multiple published opinions, helped shape class certification and trial principles in exemption cases. The closely followed trial, and subsequent outcome before the Court of Appeal and California Supreme Court, serves as a testament to the respect Tim's class action practice commands throughout California. He cemented this victory when he again defeated class certification after the case was remanded to the trial court, which was affirmed on appeal in a decision that discussed the weaknesses and unreliability of survey methodology in these types of exemption cases, Duran v. U.S. Bank, 19 Cal.App.5th 630 (2018).
His litigation counsel and representation spans the full scope of employment law and workplace claims, including single plaintiff claims. These range from wrongful termination, employment discrimination, sexual harassment, retaliation and trade secrets misappropriation, to unfair competition, wage and hour, and traditional labor-management relations matters.
Tim’s extensive experience also extends to representing both large and small companies in business disputes and related litigation. His case background encompasses such commercial disputes as intellectual property claims, breach of contract, breach of franchise or license agreement, breach of fiduciary duty, breach of the duty of loyalty, interference with prospective economic advantage, interference with contractual relations, defamation, fraud and negligence.
In addition to employee-generated claims, Tim also represents his clients in lawsuits brought by their customers alleging discrimination, invasion of privacy, negligent hiring, supervision or retention, and other claims under various federal and state laws.
Areas of Practice
- PAGA Litigation
- Class Actions
- Wage and Hour Issues
- Wrongful Termination and Workplace Tort Litigation
- EEO Litigation
- Unfair Competition and Trade Secrets
Education
University of California, Hastings College of the Law, J.D., 1988
- Hastings Law Journal
- Phi Delta Phi
- American Jurisprudence Award Recipient in Employment Law Seminar & Labor Negotiation Seminar
University of California at San Diego, B.A., Political Science, 1985
- Provost’s Honors List, 1981-1985
Publications
Sit or Stand Is the Question for California Employers
5 Important Steps to Protect Your Business from a PAGA Lawsuit
Trends In PAGA Claims & What It Means For California Employers
Class Action Meal and Rest Periods Claims, The Newest Rash of Class Action Lawsuits Against Employers
Catching the Wave - The 6 Biggest Practice Areas
Presentations
Combatting the Rise in Wage & Hour and PAGA Litigation in the Healthcare Industry
Critical PAGA Considerations
A Review of California Employment Laws That Affect the SPORTS & Fitness Industry
Cutting Edge Trends in PAGA Litigation
Cutting Edge Trends in PAGA Litigation
Written Opinions
Levanoff v. Dragas, 65 Cal. App. 5th 1079 (2021), rehearing denied (July 14, 2021)
Certified Tire Wage and Hour Cases, 28 Cal. App. 5th 1 (2018)
Duran v. U.S. Bank Nat. Ass'n, 59 Cal. 4th 1 (2014)
Duran v. U.S. Bank Nat. Ass’n (“Duran II”), 19 Cal.App.5th 630 (2018)
Walker v. Apple, Inc., 4 Cal.App.5th 1098 (Sep. 28, 2016), review denied (Jan. 18, 2017)
Trahan v. U.S. Bank Nat'l Ass'n, 2015 WL 75139 (N.D. Cal. Jan. 6, 2015)
Coleman v. Estes Express Lines, Inc. (9th Cir. 2010) 627 F.3d 1096
Jimenez v. Domino's Pizza, Inc., 238 F.R.D. 241 (C.D. Cal. 2006)
Koo v. Rubio's Restaurants, Inc., 109 Cal.App.4th 719 (2003)
Perry v. U.S. Bank (N.D.Cal. 2001) WL34920473
Lee v. Bank of America NT&SA, 27 Cal.App.4th 197 (1994)
Recognitions
Received the CLAY Award for being recognized as one of the Attorneys of the Year, Class Actions, California Lawyer, 2015
Listed, Top 75 Labor and Employment Law Attorney in California, Daily Journal, 2012, 2013 & 2014
Listed, Best Lawyers® "Lawyer of the Year" - Class Action Defense (2017, 2019 & 2022), Irvine, CA
Listed, Best Lawyers® - Employment Law Management (2016 - 2027), Mass Tort Litigation/Class Actions Defendants (2016 - 2027) and Labor and Employment Litigation (2018 - 2027), Irvine, CA
Listed, Southern California Super Lawyers, 2015 - 2026
Member, Sports and Fitness Industry Association, Legal Task Force, 2018
Fellow, Litigation Counsel of America, Proven Trial Lawyers, 2018
Member, State Bar of California
Member, Orange County Bar Association, Labor and Employment Law Section
Civic Activities
Youth Basketball, Football, and Roller Hockey Coach, 2001 - 2010
Related Case Results
CDF Scores Decertification of Class After Strategic Removal And Successful Attack on Continued Class Treatment in Misclassification Case
CDF Persuades California Supreme Court to Throw Out Class Action Trial Plan And Judgment And Decertify The Class
National Theater Chain Shuts Down California Putative Class Action With Tactical Jurisdictional Maneuvers
Class Certification Defeated on Meal and Rest Break Claims By Employees of Transportation Company
Motion to Compel Arbitration Agreement Containing A Class Action Waiver Granted And Subsequent Appeal Dismissed
Global Discount Retailer Shuts Down National FLSA Collective Action Threat
Court of Appeal Affirms Dismissal of Discrimination and Defamation Claims
Double Defeat of Overtime Misclassification Class Certification
National Origin Discrimination Claim by Restaurant Manager Rejected by Jury
Class Certification Denied in Misclassification Claims Against National Clothing Retailers
Court of Appeal Affirms Denial of Class Certification for Staffing Co. Managers
National Cell Phone Retailer Defeats Misclassification Claims Class Certification
News
30 CDF Attorneys Named to 2027 Best Lawyers® and “Ones to Watch”® Lists
CDF Attorneys Named to the 2026 Southern California Super Lawyers® and Rising Stars® Lists
CDF Attorneys Named to 2025 Southern California Super Lawyers List
24 CDF Attorneys Named Among The Best Lawyers in America and “Ones to Watch” in 2025
CDF Attorneys Named to 2024 Southern California Super Lawyers List
CDF Labor Law LLP Attorneys Named Among Best Lawyers in America© for 2024
Ten CDF Attorneys Listed as 2023 Southern California Super Lawyers
17 CDF Labor Law LLP Attorneys Named to 2023 Best Lawyers® Lists
Ten CDF Attorneys Listed as 2022 Southern California Super Lawyers
Roadmap for a Different Type of Firm Nets CDF Labor Law a Place of Honor in Bloomberg Law’s 2021 Ranking for Diversity, Equity & Inclusion Standards
CDF Attorneys Receive Best Lawyers in America© Awards
For 3rd Year CDF Labor Law’s Track Record in Minority and Women Hiring and Promotions Makes Best Law Firm List
Why CDF
Our clients can rest assured that our attorneys will protect their time, protect their dime and protect their peace of mind, so they can focus on maintaining productive and rewarding workplaces to remain competitive and successful in their marketplace. CDF - Attorneys you can Trust. Experience you can Trust. Results you can Trust.
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