Employment 

Employment discrimination, FEHA, ADA, and disability claims

  • Disability discrimination, failure to accommodate and failure to engage in the interactive process claims resolved at mediation regarding a long-term employee with a prolonged illness who was terminated after requesting leave and accommodations beyond FMLA and CFRA requirements, where company was asserting undue hardship and failure to perform essential job functions.
  • Pregnancy, gender discrimination, harassment and retaliation claims brought by employee against a non-profit company resulting from alleged constructive termination due to reassignment to distant job location, and discriminatory animus after returning from protected FMLA pregnancy leave.  Case settled at mediation, avoiding litigation.
  • Class action lawsuit filed against entertainment complex regarding failure to provide ADA required accommodations for the hearing impaired.  Case resolved at mediation after negotiating acceptable timelines and installation of remedial equipment and other mutually agreeable terms.

Sexual and other harassment claims

  • Sexual harassment and retaliation claims brought against a legal services provider, alleging physical groping, humiliating gestures and comments, demotion and reduced hours for complaining to supervisors.  Settlement was reached at mediation conducted one week before trial, avoiding the uncertainty and cost of a jury trial.

Whistleblower, retaliation, violation of public policy and related claims

  • Multi-million dollar whistleblower claims by 25-year executive against Fortune 100 Company, alleging health/safety violations, wrongful termination, defamation and related claims.  Given the complexity of the allegations and emotional dynamics, there were multiple pre-litigation sessions, phone conferences, and the voluntary exchange of hundreds of pages of documents.  The parties reached resolution, preventing the extensive costs and risks associated with litigating a complex multi-national whistle-blower case.
  • Failure to reinstate an employee returning from military service (USERRA rights).  Litigation was avoided with settlement on the eve of filing.

Breach of contract, compensation, and defamation claims

  • Employee asserted that he was denied several hundred thousand dollars in commissions and defamed upon his termination.  Settlement was reached in mediation after working through the commission calculations and formulas, and retracting any negative feedback regarding plaintiff, avoiding the need for trial preparation and expert economists.

Wage and hour claims, including class actions

  • Settlement reached on behalf of several plaintiffs alleging various FLSA wage and hour violations across the country against a sports franchise, with the resolution coming after a long mediation session just days before Federal trial was to commence, resolving several years of contentious and costly litigation.
  • Several single plaintiff, multiple plaintiff, and class action misclassification cases resolved against various industries, where employees were classified as exempt or independent contractors, resulting in settlement of overtime, meal/rest, penalties, PAGA claims, and attorneys’ fees.

Personal injury

  • Bad faith denial of medical coverage claims brought against a health care insurance company by the mother of a young woman who became extremely ill and died while traveling overseas. Despite exceptionally high emotional barriers and cross-cultural issues, settlement was reached at mediation shortly before what would have been a costly, draining, and very difficult trial with multiple medical experts.
  • Wrongful death and excessive force case against a public entity resulting from an off-duty officer shooting of a father and son, leaving the father deceased and son paralyzed.  The litigation had been ongoing for several years, with appeals and remands, and was resolved at mediation with an education fund established.

Business/Partnership

  • As part of the sale of a distribution facility to a national firm, the parties entered into a consulting agreement worth over half a million dollars.  The former owner sued for breach of the consulting agreement, breach of fiduciary duty and fraud, with resulting cross-claims by the company.  After working through accounting and contractual issues, and obtaining settlement approval from all layers of management and directors, agreement was reached on the verge of an impending sale that would have been jeopardized by continued litigation.

Real Estate

  • Several successful mediations conducted regarding purchase and sale agreements, commercial and residential landlord-tenant disputes, mold and abatement claims, and multi-plaintiff apartment complex habitability cases.
  • Breach of contract, negligence and declaratory relief claims brought against landlord resulting from extensive water damage to property and premises.  These claims and cross-claims were resolved in mediation, including finding alternate premises pending remediation. 

Entertainment

  • Film distribution dispute brought by co-producers who were threatening to enjoin the highly anticipated release date unless agreement was reached regarding certain accounting, revenue and ownership rights.