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Employment and Executive Mobility

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Litigation

Post-Grant

Prosecution & Counseling

General Employment Counseling
Noncompetition and Trade Secret Advice and Litigation
Employment Discrimination and Wage and Hour Litigation
Mergers, Acquisitions, and Financing Transactions
Employment Agreements

Fish’s employment attorneys have expertise in representing employers of all sizes – from multinational Fortune 500 companies with thousands of employees to early-stage start-ups employing fewer than 25 – in virtually every aspect of employment litigation and counseling.

We take pride in getting to know our clients, becoming familiar with their businesses, then working side by side with them to devise proactive solutions to their specific employment problems. As our clients grow, and as federal, state, and local employment laws change, we help employers avoid claims and help them control litigation costs by providing them with preventive counseling.

When necessary, however, we do provide the appropriate litigation to defend our employer clients against state and federal lawsuits, including claims for discrimination, harassment, wrongful termination, breach of contract, whistle-blowing, trade secret misappropriation, and more.

General employment counseling

We offer the first – and often the most effective – line of defense against expensive employment litigation. In addition to providing timely advice at our clients’ request, we also offer periodic Issue Alerts and seminars, all of which provide our clients with the latest legal developments, emerging issues, and key strategies to reduce the risk of liability. We also partner with our clients and develop policies and practices that comply with the ever-changing state and federal employment statutes, such as: Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Fair Credit Reporting Act (FCRA), the Equal Pay Act (EPA), the Workers Adjustment and Retraining Notification Act (WARN), the Fair Employment and Housing Act (FEHA) (in California), the California Family Rights Act (CFRA), and the Investigative Consumer Reporting Agency Act (ICRA).

Noncompetition and trade secret advice and litigation
We assist clients in protecting their valuable trade secrets through the use of carefully drafted proprietary information and inventions assignment agreements, post-employment non-solicitation and other noninterference covenants, and, where enforceable, noncompete agreements. We also have aggressively defended numerous cases brought to enforce restrictive covenants or seek redress for alleged employee poaching and tortious interference.

Employment discrimination and wage and hour litigation
Our attorneys aggressively advocate on behalf of management across a broad spectrum of employment litigation throughout the country. Our litigation history includes race, gender, national origin, religion and age discrimination, retaliation, hostile work environment, FMLA, ADA, and FLSA, and First Amendment retaliation.

In today’s litigation-savvy environment, these types of cases require sophisticated judgment and the development of cutting-edge defensive strategies, particularly in FLSA wage and hour litigation, which often involves multiplaintiff lawsuits.

Mergers, acquisitions, and financing transactions
Employment attorneys with expertise in Corporate transactions work to protect and preserve what are often the most valuable assets in any deal – the critical human resources. Our employment group works closely with our corporate attorneys in conducting the employment due diligence that necessarily precedes any successful business combination or financing transaction.

Employment agreements
On behalf of employer clients, our employment team negotiates, drafts, reviews, and comments on an array of employment agreements to be tendered to employees or contractors at all levels within a company.

We negotiate and draft agreements that include executive employment, independent contractor, consulting service, proprietary information, confidentiality or nondisclosure, arbitration, nonsolicitation, and noncompetition (where enforceable).


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