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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

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

 


Tim Long leads a vibrant employment law practice representing clients throughout the state and beyond from his offices in Los Angeles and Sacramento. For the last two years, The Daily Journal has selected Tim as one of the top labor and employment lawyers in California. 

Tim has developed a national reputation litigating complex employment matters.  Tim has acted as lead counsel in numerous class, collective and representative actions and advised on dozens more.

Mr. Long is one of the few lawyers who has tried to verdict an employment class action, obtaining a complete defense verdict on behalf of a major retailer. He went on to protect the verdict on appeal.  Last year Tim argued to the California Supreme Court, achieving a victory for another retail client.  He also made it to the U.S. Supreme Court in a case involving independent contractors and the enforceability of arbitration agreements.  That case settled on the eve of oral argument.

Tim is also the Editor of PLI’s Employment Law Yearbook, which is the most comprehensive, annual update on issues that are most relevant to employment law practitioners.