1 LEONID M. ZILBERMAN Partner TEL FAX PRACTICE AREAS Class Actions Employment Trade Secret Litigation ADMISSIONS California Leonid Lonny Zilberman is a partner in the firm's Employment Law Practice Group. Mr. Zilberman works with employers to find practical, cost-effective strategies to their workforce problems. Mr. Zilberman has broad experience resolving potentially explosive employment law issues before they escalate. Clients rely on Mr. Zilberman's creative strategies to solve complex employment matters within the framework of their business goals. He advises clients on a broad range of employment issues, such as Title VII, ADA, ADEA, FMLA, and WARN; drafting and analyzing employment and non-compete agreements; developing and implementing personnel policies and procedures; hiring, firing and managing employees; conducting internal sexual harassment, whistleblower and misconduct investigations; conducting "best practices" audits and management trainings; handling DOL investigations; and defending discrimination claims before the EEOC, DFEH and other state administrative agencies. Mr. Zilberman has an active litigation practice, representing employers in breach of contract, wrongful termination, discrimination, retaliation, harassment, whistleblower, and non-compete actions, as well as wage and hour class actions. He practices regularly in federal and state courts, in private mediation and arbitration proceedings, and before the EEOC and equivalent state administrative agencies. In 2007, Mr. Zilberman was named by the San Diego Metropolitan Magazine to its annual list of Top 40 under 40, recognizing his professional and civic accomplishments. In 2009, 2011, 2012 and 2013, Mr. Zilberman was honored as one of San Diego s Top 10 Employment Lawyers by the San Diego Daily Transcript. Since 2010, Mr. Zilberman was also recognized as a San Diego Super Lawyer, an honor bestowed on only the top 5% of attorneys in the state, as selected by his peers. He has also received Martindale-Hubbell's highest peer rating (AV "Preeminent") for legal ability and ethical standards. Mr. Zilberman earned his J.D. degree at Santa Clara University School of Law (1995) where he was Order of the Barristers. He received his B.A. degree, in political science and international relations from the University of California, Santa Barbara (1990). Mr. Zilberman is fluent in Russian. EDUCATION Law School 2015 All rights reserved.
2 Santa Clara University, School of Law, JD 1995 Order of the Barristers Moot Court Board, Co-Chair Undergraduate University of California, Santa Barbara, BA 1990 MEMBERSHIPS The Honorable William B. Enright Inn of Court State Bar of California - Labor Law and Employment Section - Member, Executive Committee State Bar of California Conference of Delegates (2005) American Bar Association - Labor, Employment and Litigation Section, Member San Diego County Bar Association - Labor and Employment Section (Former Chair ) Association of Southern California Defense Counsel Los Angeles County Bar Association SPEECHES & PUBLICATIONS Retaliation by Association, Los Angeles Daily Journal, January 31, 2011 Lowering California s Unemployment Rate An Open Letter To Gov. Jerry Brown, Los Angeles Daily Journal, December 28, 2010 Resignation of Mark Hurd: Lessons to Learn, Los Angeles Daily Journal, August 23, 2010 Watch What You Say: Discriminatory Comments in the Workplace, Los Angeles Daily Journal, August 10, 2010 The Days of Big Scores for Fees Are Over, Los Angeles Daily Journal, March 12, 2010 How Small Businesses Can Stay Out of Trouble, Los Angeles Daily Journal, February 10, 2010 Good and Bad News for Employers, Los Angeles Daily Journal, December 9, 2009 Tough on Age, Los Angeles Daily Journal, September 23, 2009 Expert Insights on Employment Law," San Diego Daily Transcript, April 29, 2009 "Alternate Routes," Los Angeles Daily Journal, April 10, 2009 "Forging a Joint Effort," Los Angeles Daily Journal, January 23, 2009 "To the Victor Go the Toils, Los Angels Daily Journal, December 26, 2008 Unlucky VII for Workers? Los Angles Daily Journal, October 10, 2008 Bringing the Change to Employment Law, Los Angeles Daily Journal, September 12, 2008 "Crushing the Non-Competition," The Recorder, August 13, 2008 "Bossing Employers Around," Los Angeles Daily Journal, May 9, 2008 "Background Checks and Balances," Los Angeles Daily Journal, February 29, 2008 "Preventing Sexual Harassment," Los Angeles Daily Journal, December 28, 2007 "Workplace Class Actions Slow in California," Los Angeles Daily Journal, November 30, 2007 "Proving Disability Claims," Los Angeles Daily Journal, October 5, 2007 'Me Too' Evidence," Los Angeles Daily Journal, August 17, 2007 "Trend Reversal: Disabled Workers Are No Longer Immune From Discipline," Los Angeles Daily Journal, July 20, 2007 "Sometimes Employers' Simply Wage Questions Have No Easy Answers," The Daily Transcript, April 30, 2007 "Making Mileage," San Francisco/Los Angeles Daily Journal, February 2, 2007 "Three Areas Augur Spikes in Litigation," San Francisco/Los Angeles Daily Journal, December 15, 2006 "Courts Give Employers Little Wiggle Room with Age Discrimination Laws," San Francisco/Los Angeles Daily Journal, November 3, 2006 "High Court Signals Era of Harmony on Adverse Employment Actions," The Daily Transcript, July 12, 2006 "Straight Outta Compton: California Courts Hold Police Officer Not Disabled Under ADA," San 2015 All rights reserved.
3 "Straight Outta Compton: California Courts Hold Police Officer Not Disabled Under ADA," San Francisco/Los Angeles Daily Journal, September 23, 1999 "ESTOP GAP: The U.S. Supreme Court is about to determine whether a plaintiff is barred from proving an ADA claim because it conflicts with statements made in applications for disability benefits," Employment Law Supplement to San Francisco/Los Angeles Daily Journal, April 26, 1999 "Are Supervisors Individually Liable Under FMLA," San Francisco/Los Angeles Daily Journal, May 4, 1998 "Work Adjustment: Request for Reasonable Accommodation for Mental Illness," San Francisco/Los Angeles Daily Journal, December 11, 1997 Speaker, "Lessons Learned From General Petraeus," SDEA Employment Roundtable (June, 2013) Speaker, "Pitfalls in Exempt Classifications," SDEA Employment Roundtable (April, 2013) Speaker, "Blueprint for a Bully-Free Workplace," ACCA Employment Roundtable (March, 2013) Speaker, 2013 SDEA Annual Employment Law Update (January, 2013) Speaker, "Wage and Hour Litigation 101," California State Bar Annual Meeting (October, 2012) 2012 Annual Employment Law Update - National Human Resources Association (January 2012) Successful Mediation of the Employment Law Case - State Bar of California (October 2011) Speaker, Avoiding Employment Litigation in 2011, SDEA HR Roundtable (May 2011) Speaker, How To Properly Investigate A Harassment Complaint, SDEA HR Roundtable (March, 2011) Speaker, San Diego Employers Association Annual Employment Law Update, SDEA (January 2011) Speaker, SHRM LAW DAY Misclassification of Employees/Contractors, San Diego (January 2011) Speaker, City of Ontario v. Quon - Electronic Privacy in the Workplace, State Bar of California (July 29, 2010) Speaker, Working off the Clock? ERI Audio Conference/Webinar (July, 2010) Speaker, Top Ten Wage and Hour Mistakes SDEA May HR Roundtable (May, 2010) Speaker, ADA/FEHA Q&A: Bring Your Questions ERI Audio Conference/Webinar (January, 2010) Speaker, ADA & FMLA: How to Navigate the Intersection of Disability and Leave Laws Following Recent Legal Developments BLR Audio Conference/Webinar (October, 2009) Speaker, California and Federal Warn Acts: An Employer s Duties When Preparing for Lay-Offs in Tough Economic Times, Labor & Employment Section of the San Diego County Bar Association (May, 2009) San Diego Employers Association, "2009 Employment Law Update" (January, 2009) Speaker, San Diego Employers Association, "California Employee Classification Issues - Wage and Hour Hot Topics" (March, 2009) Moderator, Annual California State Bar Labor and Employment Conference, "Panel of Judges on Tips for Employment Lawyers." Speaker, Employer Resource Institute, "Terminations: Everything You Wanted to Know But Were Afraid to Ask" (June, 2008) Speaker, San Diego Employers Association, "2008 Employment Law Update" (January, 2008) Speaker, San Diego Employers Association, Employment Law Roundtable, "California Employee Exemption Issues and Other Wage and Hour Hot Topics" (March, 2007) Speaker, San Diego Employers Association, Employment Law Update, "Top Employer Mistakes of 2006" (January, 2007) Presenter, ACCA Labor & Employment Roundtable, "Workforce Reductions: How to Make the Best out of a Tough Situation" (December, 2006) Speaker, San Diego Employers Association, "Human Resources Survival Guide Seminar" (June, 2006) Speaker, The Society for Design Administration, "Employment Law Update 2006" (January, 2006) Speaker, Council on Education in Management, Minimizing Litigation Risks When Disciplining and Terminating Employees (April, 2005) Speaker, County Counsels' Association of California, California s Labor Code Bounty Hunter Act and Its Application to Public Employees" (October, 2004) UCSD Leadership And Management Program, "History and Development of Employment Law in America" ( ) Speaker, San Diego County Bar Association s Labor & Employment Law Section, New Enforcement Rules 2015 All rights reserved.
4 for California s Labor Code (September, 2004) San Diego Employers Association, Investigating Sexual Harassment Claims" (May, 2004) San Diego Employers Association, Wage & Hour Time-bombs" (March, 2003) International Beverage Dispensing Equipment Association, "The Seven Habits of Frequently Sued Managers" (April, 2002) National Human Resources Association, "Layoffs Without Lawsuits" (February, 2001) East County Personnel Association, "Top Ten Employment Law Changes You Need To Know For 2001" (January, 2001) San Diego Employers Association, "Conducting and Documenting Personnel Investigations" (October, 2000) Council on Education in Management, Preventing Workplace Violence (May, 2000) Council on Education in Management, "Strategies for Creating and Maintaining Employment Documents." (August, 1999) REPRESENTATIVE MATTERS Defense of a class action on behalf of a national home mortgage company, challenging the exempt status of loan officers throughout California. Case was heard in the Federal District Court of the Southern District of California. Defense of a putative class action on behalf of an international manufacturing company, alleging numerous violations of California wage and hour laws stemming from the implementation of a 4/10 alternative work week schedule. Case was heard in San Diego County Superior Court. Defense of a class action against a national home mortgage company, challenging the expense reimbursement of loan officers throughout California. Case was heard in San Diego County Superior Court. Defense of a class action against a major supermarket chain, challenging an employment application inquiry concerning applicants past drug use and alleging various Labor Code violations. Case was heard in San Diego County Superior Court. Defense of a defense contractor in a qui tam action under the federal False Claims Act alleging fraud by defense contractors. Case was heard in the Federal District Court of the Southern District of California. Defense of a wrongful employment termination claim against a major property management company, alleging sexual orientation discrimination and harassment. Case was heard in San Diego County Superior Court. Defense of a national origin, race discrimination and defamation claim against a Fortune 50 computer chip manufacturer, alleging wrongful termination and retaliation. Case was heard in San Diego County Superior Court. Defense of a sexual harassment, gender discrimination and retaliation claim based on wrongful termination, filed against a major national retailer. Case was heard in San Diego County Superior Court. Prosecution of a trade secret dispute on behalf of a telecommunications manufacturing company, involving departing employees who took trade secrets with them when they joined a competitor. Case was heard in San Diego County Superior Court. Defense of an age and disability discrimination claim against a Fortune 50 computer chip manufacturer, based on the plaintiff s selection for lay off. Case was heard in San Diego County Superior Court. HONORS & RECOGNITION "AV" Preeminent Rating from Martindale-Hubbell Named by San Diego Daily Transcript - "Top 10 Attorneys" Employment Law (2009, 2011, 2012, 2013) Named by San Diego Super Lawyers - Employment and Labor Attorneys (2010-present) Named by San Diego Metropolitan Magazine, "Top 40 Under 40" (2007) Media Mentions: State Supreme Court Ruling Is Defeat For Employers, SDDT Article, July 2015 Employers Bear High FEHA Costs Burden. Calif. High Court, LAW360 Article, July 5, 2015 Minimum Wage Hike's cost to Employers Weighed, San Diego Daily Transcript, July 29, All rights reserved.
5 Time Warner Ruling Limits Employer Commission Plan, Law360, July 24, Tips for Avoiding An EEOC Pregnancy Bias Lawsuit, Law360, May 16, 2014 San Diego Businesses Predict Minimum-Wage Impacts, San Diego Daily Transcript, April 25, 2014 Filner Accuser Speaks After $250K Settlement, San Diego Union Tribune, February 12, 2014 Western Medical Case Adds Harris Rule to Retaliation Fights, Law360, January 17, 2014 Minimum wage increase headlines new laws in 2014, San Diego Daily Transcript, November 19, 2013 OSHA Workplace Injury Rule Aims to Shame Companies Into Safety, Law360, November 13, 2013 Fired teacher sues San Diego diocese, San Diego Union Tribune, September 3, 2013 Would Filner last in corporate America?, San Diego Union Tribune, July 24, 2013 Sexual Harassment Cases Bruising For Accusers, San Diego Union Tribune, July 20, 2013 Mayor Filner apology not legally damaging, San Diego Daily Transcript, July 11, 2013 California Pregnancy Bias Case Shows Employers Must Engage Workers, Law360, February 26, All rights reserved.