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New World of Collaborative Consumption 2014


Speaker(s): Brian C. Rocca, David M. Balabanian, Robert Jon Hendricks, Robert P. Morgan
Recorded on: Dec. 2, 2014
PLI Program #: 127824

David Balabanian co-chairs the firm's Securities and Financial Institutions Litigation Group. He is a litigator with more than 40 years of experience handling complex, high-stakes commercial litigation, including securities and antitrust cases and takeover litigation.

The 2008 edition of Chambers USA, America's Leading Lawyers for Business reported, "David Balabanian is a 'marvelous counselor' and 'impressive trial lawyer' who is well respected for his extensive experience and ability to 'appeal to judges as well as juries.'" David has also been listed in all editions of The Best Lawyers in America for over 10 years. In 2006, he was named as the "Litigation Attorney of the Year" by California Lawyer.

David has taught over 150 continuing legal education courses and written extensively on topics relating to law practice, particularly the management of large, complex cases. He was a member of the commission which authored the California Judicial Council's Deskbook on the Management of Complex Civil Litigation.

In addition to law practice, David has been active in professional and civic affairs, having served as president of the Bar Association of San Francisco, chairman of the California Conference of Delegates, lawyer delegate to the Ninth Circuit Judicial Conference and as a member of the Harvard Law School Visiting Committee. Currently he serves on the Boards of the Practising Law Institute and the San Francisco Opera.

David is known for his accessibility and rapid response and for his personal involvement in all matters entrusted to his care. He received his education at Harvard College, Oxford University and the Harvard Law School and is admitted to practice in California, New York and the District of Columbia, as well as before the U.S. Supreme Court and many federal District and Circuit Courts.
 
REPRESENTATIVE MATTERS

  • New Orleans Employees' Retirement Systems v. Washington Mutual - Representing former Washington Mutual affiliates, employees and officers in federal Securities Act actions in Washington state, alleging that the SEC filings for various WaMu mortgage backed securities contained misrepresentations about WaMu's loan underwriting and appraisal practices. The suits concerns securities with a total value of about $30 billion.
  • In re McKesson HBOC, Inc. Securities Litigation - Representing McKesson for a limited purpose in federal securities class action involving claims under Section 10(b), Section 14(a) and Section 20(a)
  • In re STEC Securities Litigation - Representing underwriters in securities class action alleging violations of Sections 11 and 15 of the '33 Act and Sections 10(b) and 20(a) of the '34 Act
  • PeopleSoft v. Oracle - Represented Oracle Corp. in the action brought by PeopleSoft Inc. to stave off Oracle's hostile acquisition
  • " Sierra National Insurance Co. v. Crédit Lyonnais - Represented the plaintiff in this action seeking over $2 billion on behalf of the runner-up bidder for the assets of Executive Life Insurance Co. against the winning bidders, whose bid violated federal and state banking and insurance laws
  • Reilly v. The Hearst Corp. - Successfully represented the purchaser in litigation involving the sale of the San Francisco Examiner
  • Chemical Bank v. S.C. Johnson Co. - Lead counsel for plaintiff in this jury trial resulting in payment of plaintiff's claim
   
AWARDS AND HONORS
  • Benchmark Litigation, local litigation star, California (2012)
  • Best Lawyers, San Francisco Antitrust Lawyer of the Year (2011)
  • Best Lawyers, leading lawyer in Antitrust Law, Bet-the-Company Litigation and Commercial Litigation (1993-2012)
  • Chambers USA, leading lawyer in General Commercial Litigation (California) (2008-2011)
  • Super Lawyers, Northern California (2004-2011)
  • PLC Dispute Resolution Handbook, featured as a leading dispute resolution lawyer (2009)
  • International Who's Who of Commercial Litigators, leading lawyer (2008)
  • California Lawyer, Litigation Attorney of the Year (2006)
  • Los Angeles Daily Journal and San Francisco Daily Journal, Top 100 leading California lawyer (2006) 

ADMISSIONS
  • Admitted to practice in the District of Columbia, California and New York
  • Registered Foreign Lawyer in England and Wales
  • U.S. Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Southern District of New York
 
EDUCATION
  • Harvard Law School, Bachelor of Laws, cum laude (1965)
  • University of Oxford, Bachelor of Philosophy (1962)
  • Harvard College, Bachelor of Arts, magna cum laude (1960)


Brian Rocca is co-managing partner of Bingham McCutchen’s San Francisco office. He focuses his practice on antitrust and complex commercial litigation matters. Brian is recognized by Chambers USA and is noted for “quickly gaining a reputation as one to watch in the coming years across the antitrust and complex commercial litigation space.” He is also recognized by Super Lawyers magazine from 2009 to 2014 as a “Rising Star” in the antitrust area. In addition to his core antitrust and litigation work, Brian serves as the co-chair of Bingham’s eDiscovery practice.

In the antitrust field, Brian has worked on high-stakes litigation in both civil and criminal contexts, and in a wide range of industries, including microprocessors, networking equipment, electronic memory, mobile and wireless technology, freight forwarding, copier and printer sales and services, and medical products and staffing. Brian regularly advises clients in connection with governmental antitrust investigations and also provides counseling to a prominent trade association relating to alcohol distribution issues.

Brian has litigated numerous complex civil and appellate litigation matters, including class actions, breach of contract, fraud and other competition matters. Brian also handles a wide array of matters for beverage distributors related to brand rights, supplier disputes and regulatory compliance.

Brian has significant trial experience — he served as an assistant district attorney in the Trial Unit of the San Francisco District Attorney’s Office in 2007-08 and as lead counsel in a federal civil rights trial in 2005. He also advises clients on cutting-edge electronic discovery and document retention issues, and has litigated several high-profile electronic discovery disputes. 

RELEVANT PUBLICATIONS & SPEAKING ENGAGEMENTS

  • Co-author, “Cybersecurity Bill Stalls In Senate, Shifting Attention To Executive Order ,” Bingham alert (April 29, 2013)
  • “Early Case Assessment and the Rule 26(f) Conference, What Corporate and Outside Counsel Need to Know,” Practising Law Institute (Sept. 2012)
  • “Ninth Circuit En Banc Panel Raises Bar for Governmental Seizure of Electronic Data,” Financial Fraud Law Report (November/December 2010)
  • Co-author, “Zubulake Revisited: New E-Discovery Opinion Clarifies Preservation Obligations and Standards for Award of Sanctions,” Bingham alert (January 2010)
  • “Ninth Circuit En Banc Panel Adopts Safeguards For Subjects of Search Warrants Involving Electronically Stored Information,” Privacy & Data Security Law Journal (November 2009)
  • The Social Media Revolution, The Masters Conference, San Francisco (March 2014)
  • Technology Assisted Review, Predictive Coding and New Search Technologies, PLI’s Electronic Discovery Institute 2013: What Corporate and Outside Counsel Need to Know, New York (2013)
  • Privacy Concerns Facing Multi-National Corporations, The Masters Conference, San Francisco, Calif. (April 2013)
  • Cutting Edge E-Discovery Topics, High Tech Client Seminar, San Jose, Calif. (Jan. 2013)
  • Social Media: Update on Evolving Trends, The Masters Conference, San Francisco, Calif. (April 2012)
  • Social Media: The Intersection of Case Law, Data Privacy and Practical Discovery, The Masters Conference, San Francisco, Calif. (Sept. 2011, and Dec. 2011)
  • e-Discovery: Why to Care About It and How Not to Let It Ruin Your Life, Association of Business Trial Lawyers, San Francisco, Calif. (May 2011)


Robert Jon Hendricks is a partner in Morgan Lewis's Labor and Employment Practice, with specific experience with the travel, hospitality, food service, entertainment and retail industries. Mr. Hendricks represents employers and management employees in matters arising under California and federal law, such as federal and state wage and hour law, federal and state anti-discrimination laws, the Family and Medical Leave Act, California Business and Professions Code Section 17200 et seq., the California Consumer Legal Remedies Act, California's Trade Secrets Act, and the Americans with Disabilities Act (ADA) (including Title III), as well as California's Unruh Civil Rights Act.
 
Mr. Hendricks has significant experience with labor and employment class actions. He has helped clients obtain settlement on favorable terms for wage and hour claims. And he has helped clients obtain complete dismissals of class claims.

  • Defeated class certification in a putative wage and hour class action alleging meal and rest break violations on behalf of close to 1,000 call center agents of a major transportation industry employer.
  • Defense of one of the largest class actions ever filed against a retailer. Plaintiffs claimed that a national retailer misled Californians by promoting its standards requiring the foreign companies it does business with to obey local labor laws and treat workers fairly. Successfully moved to dismiss the case, which had been watched closely by the U.S. Chamber of Commerce because of its potential impact on American companies' liability related to their foreign operation of factories and other businesses.
  • Summary judgment for the defendant and a complete dismissal of a California wage and hour class action in which the plaintiff, seeking to represent a class of 6,500, alleged that the employer had violated California Labor Code Section 226 by failing to provide accurate wage statements.
  • Obtained a complete dismissal at the pleading stage of a putative class action that challenged an employer's health benefit plan on Title VII and ADA grounds because it allegedly failed to provide coverage for infertility, pap smears, and other medical treatments.

Mr. Hendricks also has significant state, federal and administrative trial experience as lead counsel. Recent highlights include:

  • Convinced the court to grant an anti-SLAPP motion and dismiss Plaintiff's claims in a defamation lawsuit filed by a former pilot following the employer's investigation related to airport safety and the ability of pilots to safely operate aircraft.
  • Convinced the court to terminate a contentious litigation brought by a former IT manager who claimed that over a ten-year period he was subject to sexual harassment and retaliation by his supervisor. We were able to demonstrate that Plaintiff had permanently destroyed tens of thousands of computer flies following a confidential arbitration, the result of which Plaintiff elected to reject, and extensive discovery disputes.
  • Successful defense of an employment arbitration matter in which an employee challenged his termination for violation of a workplace environment rule prohibiting harassment or discrimination. Plaintiff claimed that the company was precluded from disciplining him for discriminatory remarks made against another employee on a union-controlled electronic bulletin board because the comments were made while plaintiff was off duty. Mr. Hendricks persuaded the arbitrator that there was sufficient nexus to the workplace because the author, the audience, and the victim of the post were all employees of the company, and that when an employee brought the matter to the company's attention, it was obligated to take action.
  • A six-week jury trial in Los Angeles Superior Court, where he was lead counsel and obtained a complete defense verdict for all four defendants against a plaintiff who, in a must-win case for the company, alleged race, religious, and national origin discrimination and harassment, and retaliation over a five-year period of time.
  • A three-week administrative hearing before the Department of Labor, where Mr. Hendricks also obtained a complete dismissal of a whistleblower claim claiming retaliation for complaining about safety. The decision was affirmed by the Ninth Circuit.
  • An arbitration scheduled for seven days, which ended with an award for the defense after the claimant was examined by Mr. Hendricks and Mr. Hendricks began to present the defense case demonstrating that the claimant had lied about raising complaints of billing fraud and other matters.
  • After two and a half days of deposition established that the plaintiff was not credible and had either welcomed or was not offended by the conduct raised in her complaint for sexual harassment and discrimination, the plaintiff stipulated to dismissal with prejudice of her claim against all defendants for a waiver of defense costs and fees.
  • After nearly 10 years of litigation, achieved victory for a hotel chain in a case in which the plaintiff sought $100 million for racial discrimination, civil rights violations based on the hotel's failure to provide a certain facility for an event. After prior and repeated success before the district court on summary judgment and a motion challenging the plaintiff's standing to bring the action, a jury trial was held with the proper partnership plaintiff in 2013. The jury returned a verdict in favor of the defendant, finding no discrimination or civil rights violations.

Mr. Hendricks has also successfully briefed and argued several matters before the Ninth Circuit and California Courts of Appeal. In one such matter, Mr. Hendricks was able to obtain, via writ petition, a published decision establishing that union officials do not have a privilege to withhold from employers during litigation information known to them concerning harassment in the workplace and that, like employers, unions have obligations to prevent harassment in the workplace.
 
Mr. Hendricks is admitted to practice in California.

Education

  • University of California, Berkeley, Boalt Hall School of Law, 1995, J.D.
  • University of California, Berkeley, 1990, A.B., With honors

Practice Areas

  • Labor & Employment
  • Systemic Employment Litigation
  • Employment Counseling & Litigation