Jeffrey B. Demain

(415) 421-7151 ext. 307

B.A., Brandeis University, summa cum laude
M.A., University of California, Irvine, National Science Foundation Fellowship
J.D., UC Berkeley Law School, Order of the Coif

Hon. James R. Browning, Chief Judge, United States Court of Appeals, Ninth Circuit

For thirty-five years, Jeff has represented international and local labor unions, trust funds, public interest organizations, public entities, and individuals in litigation in federal and state trial and appellate courts, administrative agencies, and arbitrations. While he litigated in a wide variety of subject areas, his primary focus was in labor, employment, and constitutional law. In addition to litigation, Jeff regularly advised clients on legal matters, legislation, and regulatory compliance, and represented them in collective bargaining negotiations, and in government investigations, especially with regard to the National Labor Relations Act, the Labor Management Relations Act, and the Labor-Management Reporting and Disclosure Act. He also specialized in defending freedom of speech and the right to petition government under California’s anti-SLAPP law.

From 1992 through 1999, Jeff was a contributing editor of Construction Organizing – An Organizing and Contract Enforcement Guide, published by the George Meany Center for Labor Studies, Inc. From 1999 through 2002, he was a member of the Executive Committee of the Labor and Employment Section of the California State Bar. He is the author of “Recent Developments in Fair Share Fee Law,” California Public Employee Relations Journal No. 167 (August 2004).

Until his retirement, he was listed in “The Best Lawyers in America” since 2006, and in “Northern California Superlawyers” since 2009, for labor and employment law. In August 2021, he was named 2022 “Lawyer of the Year” for employment law – individuals in San Francisco by “The Best Lawyers in America.”

Following his retirement from the firm, Jeff was hired as a Lecturer at Stanford Law School to teach a course in labor law.

In his spare time, Jeff enjoys playing the guitar.

Representative matters:

  • Overturned on appeal a California Superior Court decision approving a settlement agreement that impaired the statutory and contractual rights of public school teachers, over the objection of the teachers’ union (which had not agreed to the settlement), on the grounds that the approval of the settlement violated the teachers’ due process right to an adjudication of the merits of the underlying claim and the requirements of the California statute regarding judgments based on settlements.
  • Obtained a ruling that a national aluminum manufacturer violated the National Labor Relations Act by unlawfully locking out 3,000 of its employees and must pay them what was, at that time, thought to be the highest backpay award in the history of the Act.
  • Obtained an appellate reversal of a California Superior Court decision denying a motion under California’s anti-SLAPP statute to dismiss a civil lawsuit seeking money damages for a union’s alleged conduct in assisting the General Counsel of California’s Agricultural Labor Relations Board to prosecute the union’s unfair labor practice charge.
  • Obtained a dismissal under California’s anti-SLAPP statute of a lawsuit seeking to impose tort liability on a public sector union for its proposals in collective bargaining.
  • Successfully defended on appeal a dismissal under California’s anti-SLAPP statute of a malicious prosecution lawsuit against a public sector union arising from charges the union had filed against an employer with California’s Public Employment Relations Board.
  • Obtained a dismissal under California’s anti-SLAPP statute of a defamation suit brought against a legal aid organization and one of its staff attorneys.
  • Successfully defended public sector unions in numerous cases brought by anti-union foundations seeking refunds of union dues and fair share fees in the wake of the Supreme Court’s decision in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018).