Obtained post-trial ruling and Ninth Circuit order affirming in full a $7.2 million jury verdict in favor of two in-house public utility attorneys who alleged that EBMUD and its general counsel engaged in race-based retaliation in violation of §1983 and FEHA.

Obtained appellate writ reversal of trial court order finding misjoinder under C.C.P. 378 and requiring 439 Black employees at Tesla factory in Fremont, CA to file individual complaints for racial harassment and hostile work environment; published opinion clarifies standard for mass tort joinder complaints in California.

Successful representation of a student and lecturer in an original petition for writ of mandamus in the California Court of Appeal challenging the University of California’s policy of refusing to hire undocumented students for on-campus jobs, resulting in issuance of a writ concluding that the University’s policy was not supported by any legitimate basis, and directing the University to either revise its policy or provide a new, lawful justification for it.

Compelled the Department of Labor to restore $200 million in wrongfully withheld Trade Act benefits to thousands of unemployed autoworkers and steelworkers.

Successful defense on appeal of a nearly $100 million California class action settlement on behalf of bank employees who challenged bank’s methodology for calculating one-hour wage premiums for violations of California rest-break law.

Obtained a unanimous California Supreme Court ruling establishing a new legal standard for distinguishing between employees and independent contractors under California Wage Orders.

Obtained a Ninth Circuit ruling upholding, against an ERISA preemption challenge, a San Francisco ordinance that requires employers either to provide health benefits to their employees or to pay into a City fund for the same purpose.

Representing United Farm Workers union in conjunction with in-house counsel, obtained California Supreme Court decision overturning Court of Appeal decision and upholding the constitutionality of a California law requiring binding interest arbitration to resolve agricultural labor disputes.

Obtained a unanimous en banc Court of Appeals decision overturning decisions that had severely weakened the protection afforded by the Norris‑LaGuardia Act to union economic action.

Obtained a U.S. Supreme Court decision rejecting an employer’s unprecedented attempt to expand Section 301 of the Labor Management Relations Act to include tort theories for interference with contract by international union.

Obtained a unanimous California Supreme Court decision, which ultimately resulted in a $56 million settlement, establishing standards governing meal period and rest break claims, and affirming in part and reversing in part trial court’s certification of class of low‑wage restaurant workers.

Obtained an appellate decision upholding the largest overtime pay jury verdict in history, in class action on behalf of insurance company claims representatives who were misclassified as exempt under California’s wage and hour law, and subsequently negotiated a settlement in excess of $200 million for class members.

Successfully defended on appeal to the Ninth Circuit a $54 million jury verdict in favor of truck drivers who were not paid the minimum wage for layovers, rest breaks, and pre- and post-trip truck inspections.

Successful defense on appeal of judgment rejecting trucking companies’ constitutional and statutory challenges to California’s use of the “ABC test” under AB 5 to prevent misclassification of truck driver employees as contractors.

Successfully defended public sector labor unions against claims seeking to invalidate state laws providing for exclusive representation, challenging the validity of union membership agreements, and attempting to compel refunds of dues paid pursuant to voluntary membership agreements and fair share fees paid prior to the Supreme Court’s decisions in Janus v. AFSCME Council 31 and Harris v. Quinn.

Co-lead counsel in U.S. Supreme Court and, on remand, in lower court proceedings in case involving enforceability of mandatory pre-dispute employment arbitration provision purporting to prohibit aggrieved employees from pursuing statutory rights under California’s Private Attorney General Act (PAGA).

Obtained appellate affirmance of a trial court order requiring three paint manufacturers to pay hundreds of millions of dollars into a fund dedicated to remediating health hazards caused by deteriorating lead-based paint in private residences throughout California. Helped defeat manufacturers’ petitions for California Supreme Court review and U.S. Supreme Court certiorari.

Prohibited employers from adopting “fetal protection” policies that discriminate against female workers in violation of Title VII.

Successful defense of a constitutional challenge to a state law that restricts disclosure of the time and place of new employee orientations for public employees.

Obtained a California Supreme Court ruling that employers cannot require their employees, as a condition of employment, to resolve employment claims through arbitration, where the arbitration agreement does not provide for specific procedural protections.

Overturned on appeal a trial court decision invalidating as unconstitutional California statutes governing public school teacher tenure and layoff.

Obtained a Ninth Circuit reversal of a district court’s grant of summary judgment to an employer of delivery truck drivers, on the grounds that the district court had improperly applied Texas law to California drivers’ statutory wage and hour claims and incorrect concluded that the drivers were independent contractors rather than employees.

Obtained a California Supreme Court order vacating, and a subsequent Court of Appeal decision reversing, a prior Court of Appeal opinion that had required union to arbitrate non-waivable statutory claims brought on behalf of its members; on remand, obtained writ requiring school district to place teachers on the correct steps on the salary schedule and to provide more than $3 million in back pay and interest.

Obtained a unanimous California Supreme Court ruling, after briefing and oral argument on behalf of a coalition of amicus groups, allowing California employees to prove class-wide claims through surveys, and statistical and representative evidence, as long as trial plan provides their employer an adequate opportunity to prove individualized affirmative defenses.

Won a $1.6 million summary judgment in a class action challenging a nationwide laundry company’s systematic underpayment of its workers, defeating state law preemption and federal due process challenges to a local living wage ordinance.

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.

Two successful Ninth Circuit appeals in a “suitable seating” case brought on behalf of bank tellers, overturning District Court rulings that had construed the California law to require each employee to specifically request seating, had held the law preempted by the National Banking Act, and had imposed excessive exhaustion requirements on employees seeking statutory relief.

On behalf of AFL-CIO as amicus, obtained Alaska Supreme Court ruling creating evidentiary privilege for communications between grievant and union representative similar to attorney-client privilege.

Obtained Ninth Circuit ruling applying Federal Arbitration Act’s transportation worker exemption to airport fuel loader whose work was integral to interstate commerce but who did not travel or transport goods in interstate commerce.

Successful defense on appeal of district court judgment striking down Trump administration rule interpreting a provision of the Medicaid Act to prohibit the deduction of union dues and benefits payments from homecare workers’ paychecks.

Obtained Ninth Circuit rulings that (1) an employer’s imposition of a mandatory company-wide arbitration agreement that limited rights protected under the Americans with Disabilities Act, after the plaintiff-employee had already filed an administrative complaint with the EEOC, unlawfully interfered with the employee’s ability to pursue his ADA rights; and (2) that nominal damages are available for such interference, even though the ADA precludes compensatory damages.

Obtained, and successfully defended on appeal, a preliminary injunction against the implementation of a state statute that would have reduced the wages of providers of in‑home support services to elderly and disabled Californians, and blocked Fresno County from reducing the wages of its providers to the minimum wage.

Through a series of cases, established the eligibility of undocumented immigrant workers for the full remedial protections of the Fair Labor Standards Act and Title VII of the 1964 Civil Rights Act.

Successful defense against post-judgment motions challenging multi-million-dollar judgment on behalf of terminated employee who alleged disability discrimination and failure to accommodate.

Obtained a Ninth Circuit ruling that plaintiffs challenging a ten percent reduction in hours of Medicaid homecare services are entitled to a preliminary injunction under the Americans with Disabilities Act.

Obtained a California Supreme Court ruling that requires heightened judicial review of an arbitration award, issued pursuant to a mandatory arbitration agreement, that is challenged on the ground that the arbitrator’s legal error deprived the claimant of a hearing on the merits of a fundamental statutory or common law claim.

Required California to resume paying unemployment compensation to almost 400,000 unemployed workers following a budgetary impasse between the Legislature and the Governor.

Representation of the International Brotherhood of Teamsters as amicus in the California Supreme Court in support of California’s use of the “ABC test” under AB 5 to prevent misclassification of truck driver employees as contractors, against the trucking company’s position that that test is preempted by the Federal Aviation Administration Authorization Act.

Established a longer statute of limitations for suits against employers who withdraw from multi‑employer pension plans.

On behalf of amici SEIU and Change to Win, obtained a ruling from the National Labor Relations Board (later reversed by Fifth Circuit and Supreme Court) that employers commit an unfair labor practice by including prohibitions against joint, class, and collective actions in mandatory employment arbitration agreements.

Established union standing to sue employers that violate the Worker Adjustment and Retraining Notification Act’s statutory notice requirements.

Briefed and argued on behalf of amici in obtaining California Supreme Court decision construing the California law requiring premium pay when an employee does not receive a legally compliant meal or rest break to be based on all of the employee’s non-discretionary compensation (including the base hourly wage, nondiscretionary bonuses, commissions, and other forms of non-discretionary compensation), not just on the base hourly wage.

Obtained a Court of Appeal decision holding that businesses that hire contractors can be held liable under California’s Private Attorney General Act for their contractors’ misclassification of the contractors’ employees as independent contractors.

Obtained Court of Appeal rulings that California workers have private right of action under the Labor Code for civil PAGA penalties against employers who violate minimum labor conditions standards guaranteed by Industrial Wage Commission wage orders.

Obtained the right to apply for legalization under the Immigration Reform and Control Act for hundreds of thousands of undocumented aliens who were prevented from applying because of unlawful federal regulations; and negotiated temporary work authorization for approximately three million aliens potentially eligible for legalization under the Act.

Obtained a federal court preliminary injunction against the Trump administration’s rescission of DACA as arbitrary and capricious under the Administrative Procedure Act, and helped successfully defend the district court’s preliminary injunction before the Ninth Circuit.

Obtained a ruling (based on arguments in a merits brief filed on behalf of environmental organizations) rejecting a challenge brought by agribusiness interests to the federal government’s reduction of contractual water allocations to a local water district for the purpose of protecting threatened salmon and smelt.

Helped to defeat the Republican Party’s attempt, during the November 2008 election, to require Ohio election officials to turn over the records of newly registered voters whose voter registration and motor vehicle information did not match, which would have enabled the Party to seek disenfranchisement of up to 600,000 new voters.

Obtained an appellate decision holding that individual owners and their companies can be held jointly and severally liable for wage violations if they satisfy the Wage Order and common law definitions of “employer” under California law.

Obtained a Ninth Circuit decision that Tata International, India’s largest conglomerate, could not force its overseas workers to arbitrate employment disputes before Tata’s hand‑picked arbitrators in Mumbai.

Successfully defended on appeal a federal court class certification order on behalf of commissioned furniture sales personnel who were not separately paid for non-sales activity, where the employer failed to maintain records documenting the extent of that unpaid work.

Obtained a nearly $2 million settlement in a class action challenge to a pharmaceutical company’s refusal to pay contractually‑mandated severance pay and bonuses to employees upon sale of the company, representing complete recovery of all monies owed plus ten percent interest.

Obtained a Ninth Circuit ruling that state court representative claims brought under California’s Private Attorney General Act cannot be removed to federal court pursuant to the federal Class Action Fairness Act.

Obtained a writ from the California Court of Appeal holding that the “relation back” doctrine applies to newly-added plaintiffs in claims brought pursuant to the California Public Attorney General Act (PAGA).

Obtained an Eighth Circuit decision affirming a district court’s dismissal of claims that a state law permitting homecare workers for Medicaid program participants to be represented by a union is preempted by the National Labor Relations Act, violates the Contract Clause, and tortiously interferes with the right to contract.

Obtained 11-0 en banc decision in the Ninth Circuit regarding environmental challenge to long-term contracts for the delivery of more than 2.2 million acre-feet of California Central Valley Project water as posing a severe risk to the survival of threatened Delta smelt and salmon.

Obtained a court ruling that the U.S. Bureau of Reclamation illegally dried up California’s second longest river by diverting excessive amounts of water for agricultural and other uses, and subsequently negotiated a comprehensive settlement providing for restoration of the river and reintroduction of native salmon population.

Settlement on behalf of California public entities of public nuisance challenge by public entitites to opioid manufacturers’ conduct contributing to the creation of statewide epidemic of opioid overuse.

Obtained, and successfully defended in the Colorado Supreme Court, a preliminary injunction against Colorado Amendment 54, a voter initiative that would have banned public employee unions from making political contributions in state and local elections, on the ground the initiative violated the First and Fourteenth Amendments.

On behalf of an intervening labor union, obtained a Court of Appeal decision holding that public school teachers’ performance evaluations, identified with particular teachers, are not subject to disclosure under the California Public Records Act.

Obtained a $13 million settlement (providing the class members with full monetary relief for all of their damages, as well as injunctive relief), in a federal court class action on behalf of low-income consumers who alleged that they were overcharged in violation of California’s Rental Purchase Law for appliances and other products purchased on a rent-to-buy basis.

Obtained a Ninth Circuit decision overturning district court’s approval of consumer class action “reverse-auction” settlement that provided minimal benefits to class members.

Successfully defended on appeal a $14 million settlement of a state law privacy class action challenging a bank’s practice of selling confidential consumer information to third‑party marketing companies.

Obtained dismissal of a former union member’s duty of fair representation claim against labor union, including successful defense of dismissal ruling before the Ninth Circuit.

Obtained a California Court of Appeal decision reversing trial court’s interpretation of attorney’s fees statute requiring labor organization to disclose amount paid to outside counsel for representation of union member.

Successfully defended on federal appeal a labor union’s use of the “garment industry proviso” to Section 8(e) of the National Labor Relations Act.

Obtained decisions from the Fourth Circuit (Adcock) and the Northern District of Ohio (Patterson) holding that an agreement under which an employer agrees to remain neutral in union organizing campaigns in return for the union’s agreement to limitations on such campaigns does not violate Section 302 of the Labor Management Relations Act or the Racketeer Influenced and Corrupt Organizations Act.

Upheld on appeal to the Seventh Circuit a federal district court decision refusing to certify a plaintiff class seeking to recoup fair share fees previously paid for union representation in collective bargaining and grievance representation.

Obtained an injunction from the Ninth Circuit temporarily prohibiting the implementation of a Hawai’i state statute that would privatize public health care facilities during the term of a collective bargaining agreement covering those facilities, and subsequently obtained a settlement protecting the affected employees’ jobs.

Representing a group of intervening statewide unions, obtained and successfully defended on appeal an order dismissing a federal court First Amendment challenge to a state statute that prohibits public employers in California from deterring or discouraging union membership by public employees.

Defeated in the federal district court and on appeal a challenge based on the Medicare Act’s “anti-assignment” provision to the ability of homecare workers to pay their union dues through payroll deduction.

Obtained damages, permanent injunction, attorneys’ fees and published decision of Alaska Supreme Court in favor of Alaska state employees union and against State of Alaska preventing the State from violating its collective bargaining agreement and Alaska state law by unilaterally terminating state employees’ union dues deductions and seeking to require state employee union members to annually renew their dues deduction authorizations after receiving a government “warning” that doing so would involve waiving their rights.

Obtained an appellate reversal of a six‑figure jury verdict against a union and picketers who had exercised their free speech right to disparage strikebreakers.

Obtained a Ninth Circuit decision reinstating California employment law claims brought by misclassified airport drivers whose employer argued that allowing the claims to proceed in court would impermissibly interfere with the regulatory authority of the California Public Utilities Commission.

Defeated a certiorari petition filed by a national coalition of prescription drug manufacturers that challenged Alameda County’s innovative Safe Drug Disposal Ordinance under the dormant Commerce Clause.

Obtained a Ninth Circuit ruling that the National Marine Fisheries Service violated the Marine Mammal Protection Act by failing to consider whether mitigation measures in addition to those measures proposed by the U.S. Navy for its use of low-frequency sonar were necessary to achieve the least practicable adverse impact on marine mammals.

Original writ petition in the California Supreme Court challenging a misleading and deceptive initiative that would have eliminated public nuisance liability for lead paint manufacturers, after which the initiative was withdrawn.

Obtained, and successfully defended in the Arizona Supreme Court, an injunction removing an anti‑immigrant initiative from the November 2006 Phoenix ballot on the ground that the city law granting initiative supporters the right to supplement signatures after the filing deadline was preempted by state law.

Overturned on state election law grounds Hawaii’s decision to ignore abstentions in determining whether the required percentage of votes was cast in favor of a ballot measure calling for a new state constitutional convention.

Obtained a Ninth Circuit reversal of a Board of Immigration Appeals decision ordering the deportation of an immigrant family who had lived in the United States for more than ten years.

Obtained Ninth Circuit reversal of NLRB decision that had relied upon an unduly broad interpretation of the NLRA’s secondary boycott provisions to uphold firing of janitorial service workers in response to their protests regarding sexual harassment and low wages.

Successfully briefed and argued a Third Circuit appeal and briefed a Ninth Circuit appeal in cases establishing that NCAA student athletes have a state law right-of-publicity in the commercial use of their likenesses that is sufficient to overcome video game manufacturers’ First Amendment defense, later resulting in a $40 million settlement.

Obtained a restraining order, a preliminary injunction, and a permanent injunction, which was subsequently affirmed on appeal, against enforcement of a state statute that would have permitted incarceration of non‑violent drug offenders contrary to California Proposition 36, which mandated probation and drug treatment.

Obtained a writ of mandate invalidating as unconstitutional California’s Proposition 22, an initiative that gig economy companies spent $225 million to pass, which had exempted drivers for transportation and delivery network companies like Uber, Lyft, and DoorDash from California’s employment law protections.

Successfully defended on appeal a $17.35 million jury verdict on behalf of small businesses that paid for, but did not receive, best-efforts distribution of Pacific Bell Yellow Page Directories.

Briefed and argued a California Supreme Court case prohibiting employers from requiring arbitration of representative action claims brought against California’s Private Attorney General Act.

Established an evidentiary privilege for communications between applicants for public benefits and their lay representatives, including union representatives.

Helped obtain a California Supreme Court decision upholding the right to same‑sex marriage under the California Constitution, by filing amicus curiae brief in conjunction with professors and students from Howard University Law School.

Established the right of workers to sue under fictitious names and withhold their identities from their employers, where they reasonably fear that disclosure of their identities will result in severe retaliation.

Obtained a Ninth Circuit ruling (later overturned by the Supreme Court) blocking for several years the federal government’s decision to allow Mexico‑domiciled trucks to travel throughout the United States without an Environmental Impact Statement and a Clean Air Act conformity analysis.

Overturned a long-standing Sixth Circuit rule capping the number of compensable hours incurred in public interest attorneys’ fees litigation to three percent of the hours incurred in litigating the underlying case.

Obtained an order on reconsideration, and then successfully defended it on appeal, holding that the four-year limitations period of California’s Unfair Competition Law applies to conduct that violates the federal Interstate Land Sales Transfer Act, despite the federal statute’s shorter limitations period; resulting in a $130 million judgment for plaintiffs.

Obtained a Massachusetts Court of Appeal decision affirming a superior court judgment against breach of contract, quantum meruit, and unjust enrichment claims in a dispute stemming from an alleged partnership that had ended before separate settlement negotiations began with a competitor.

Obtained a unanimous California Supreme Court decision approving the use of percentage-based common fund attorneys’ fees in public interest litigation.

Obtained a Court of Appeal decision affirming grant of judgment notwithstanding the verdict in favor of trustees of a consultant in a dispute over stock options with the company to which the consultant had provided advisory services.