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California Supreme Court's BIG 3 Employment Decisions for 2014


Speaker(s): Michael D. Weil, Timothy J. Long
Recorded on: Jul. 17, 2014
PLI Program #: 59872

Tim Long leads a vibrant labor and employment law practice representing clients throughout California, and beyond, from his offices in Los Angeles and Sacramento.

Mr. Long has significant experience litigating complex employment matters, having acted as lead counsel in numerous class; collective and representative actions and advised on dozens more. He has represented financial institutions, high tech companies, healthcare-related entities, airlines, retailers, transportation and logistics companies, among others.

Mr. Long is one of the few lawyers who tried to verdict an employment class action, obtaining a complete defense verdict on behalf of a major retailer in a matter in which the potential exposure exceeded US$40 million. He went on to protect the verdict on appeal.

In the wage-and-hour area, Mr. Long has litigated exemption, incentive compensation, independent contractor, off-the-clock and pay practice claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock and pay practice cases.

He has significant experience litigating other complex employment and non-employment matters, including employment discrimination and wrongful termination claims, and matters involving qui tam, trade secret, white collar crime and environmental claims. Finally, Mr. Long counsels clients on a wide variety of employment and related corporate issues. 

Mr. Long frequently represents employers in their dealings with state and federal administrative agencies, including the EEOC, the Internal Revenue Service, the U.S. Department of Labor, the California Department of Fair Employment & Housing, Division of Labor Standards Enforcement, and Employment Development Department.

In the area of trade secret and unfair business practices litigation, Mr. Long has both prosecuted and defended employers. He has obtained broad, multi-jurisdiction injunctions against former employees who have misappropriated client trade secrets. Mr. Long also has successfully resisted competitor efforts to enjoin the lawful practices of his clients

Related Practice Areas

  • Employment Law and Litigation
  • Trade Secrets Litigation
  • Traditional Labor Law

Education

  • J.D., with great distinction, Order of the Coif, University of the Pacific McGeorge School of Law, 1988
  • B.A., International Relations, Stanford University, 1983
  • Certificate, Francais Commercial et Economique, Institut Catholique, Paris, France, 1982

Honors

  • The Recorder's California Labor & Employment Department of the Year (2013-2014)
  • The Recorder's California Litigation Department of the Year (2013-2014)
  • The Recorder Leading Employment Lawyer (2012)


Michael Weil, a partner in the San Francisco office, is a member of the Employment Law Group. Mr. Weil represents companies on a variety of matters, including trade secrets, restrictive covenants, employee mobility issues, Sarbanes-Oxley (SOX) whistleblower claims, wrongful termination and discrimination. Mr. Weil also defends numerous wage-and-hour class actions and representative actions under state and federal laws, including claims for overtime, vacation, meal and rest break penalties, waiting-time penalties and other alleged Labor Code violations. Some of his representative engagements include the following.

  • eBay v. Google. Mr. Weil represented eBay in this lawsuit alleging trade secrets misappropriation in connection with Google's hiring of a former PayPal employee.  The case resolved confidentially.
  • Varian Medical Systems v. Elekta, Inc. Mr. Weil represents Varian in this ongoing trade secrets dispute alleging that a former employee and her new employer misappropriated trade secrets.
  • First American Equipment Finance v. US Bancorp. Mr. Weil represented US Bank in this lawsuit alleging trade secrets misappropriation in connection with US Bank's hiring of two employees from First American. The case settled confidentially.
  • Oracle America, Inc. et al v. International Business Machines. Mr. Weil represented Oracle in this multiple lawsuit cross-border dispute arising out of Oracle's hiring of an executive from New York who signed a non-compete agreement with IBM. The cases resolved confidentially.
  • Adobe Systems Incorporated v. Joshua G. James. Mr. Weil represented Mr. James, the former CEO of Omniture, Inc., in this multiple lawsuit cross-border dispute arising out of purported non-compete and non-solicit agreements Mr. James' signed with Adobe.  The case resolved confidentially.
  • Johnson & Johnson v. Genentech.  Mr. Weil represented Genentech as defendant against claims for employee raiding, tortious interference and unfair competition. The court granted Genentech's motion to dismiss, and the case ended shortly thereafter with no injunction or damages whatsoever paid by Genentech or any of its employees.
  • Silvaco Data Systems v. Agilent Technologies, Inc.  Mr. Weil was part of a team representing Agilent Technologies Inc. in a trade secrets action filed by Silvaco Data Systems.  The court granted Agilent's motion for summary judgment, which was affirmed on appeal.
  • URS Corporation v. Earth Tech, Inc. Mr. Weil was part of a team representing Earth Tech Inc. and two individual defendants in a trade secrets, employee raiding and contract interference case involving over forty allegedly raided employees.  The case resolved confidentially.
  • Protiva Biotherapeutics, Inc. v. Sirna Therapeutics, Inc. Mr. Weil was part of a team representing Protiva Biotherapeutics, Inc. in a trade secrets case filed by Protiva for misappropriation of biotechnology trade secrets. The court granted Protiva's motion for preliminary injunction, and the case settled thereafter confidentially.
  • Kilby v. CVS. Mr. Weil represents CVS in this class action alleging that CVS violated California law by failing to provide suitable seats for its cashiers.  The district court denied plaintiff's motion for class certification and granted CVS's motion for summary judgment.  The case is currently pending before the 9th Circuit.
  • Rankin v. Longs Drug Stores. Mr. Weil represented Longs in this class action alleging that Longs' employment application was unlawful. The court entered judgment for Longs after a bench trial, which was affirmed by the California Court of Appeal in a published decision.

Admitted in California

Memberships

  • American Bar Association, Section of Labor and Employment: Employment Rights and Responsibilities
  • State Bar of California