Ask business owners about their toughest challenges and at the top of the list is managing employees.

Transcription

1 about CDF OVERVIEW Ask business owners about their toughest challenges and at the top of the list is managing employees. The attorneys of Carothers DiSante & Freudenberger LLP counsel employers on that sole challenge maintaining productive and rewarding workplaces that keep companies competitive. Our niche is California labor and employment law, in its entirety, and we re one of the few boutique firms with a California-wide presence. We represent, advise and counsel national and regional employers with California employees and workforces, as well as California-based startups, midsize ventures, and privately and publicly held companies and Fortune 500 corporations. Big Law, Big Case Background in a Boutique CDF was founded in 1994 in Orange County by several labor and employment attorneys practicing at leading AmLaw 100 firms. The goals of the founding partners were, and continue to be, helping clients derive value from CDF attorneys big law experience, creating an entrepreneurial context for legal counsel, and nurturing clientattorney relationships fueled by flexibility, efficiency, responsiveness and creativity. Today, CDF s more than 30 labor, employment, and immigration attorneys practice collaboratively, from five offices across the state, on cases that have shaped labor and employment law in California. Counsel to California Employers CDF attorneys were among the first to handle California wage and hour class actions, and one of the few to take a class action to trial. We played a formative role in representing employers in the Northern California grocery workers strike, and built a deep trial-bench during decades of defending litigation challenges in courtrooms across the state. CDF leverages these and other achievements in the frequent educational seminars we offer to clients seeking to strategically pair defensive strength with risk prevention measures. Being a California employer demands being prepared for the unexpected and often the unprecedented. CDF attorneys counsel employers as a tight-knit group of dedicated, decisive, diverse and dynamic professionals in tune with labor, employment, and immigration concerns across the state. Web:CDFLaborLaw.com Blog:CalLaborLaw.com Twitter:@CDFLaborLaw

2 MARK S. SPRING Partner (916) Ext SACRAMENTO OFFICE 900 University Avenue Suite 200 Sacramento, CA Mark S. Spring has more than 20 years of experience handling labor and employment law matters throughout Northern California. Spring s practice is focused on litigation triggered by all types of employment related disputes and the representation of management in union-management relations. He maintains a significant litigation prevention practice, advising national and regional clients on adopting employment policies to comply with California law and on social networking issues. Spring also represents public figures, elected officials, executives and athletes in high-profile sexual harassment lawsuits and investigations. Spring s reputation for excellence is built upon an impressive record as lead trial counsel in high-stakes employment litigation in both federal and state court. In addition to his courtroom and trial work, he regularly represents California employers in discrimination, harassment, wage and hour, and employee safety issues in administrative matters and hearings before the DFEH, EEOC DLSE, Cal-OSHA, CUIAB and other state and federal agencies. On the traditional labor side, Spring has a successful record of dealings with union locals from the Teamsters, UFCW, Laborers, SEIU and Stationary Engineers. He negotiates union contracts, handles ULP charges, resolves grievances, represents clients at grievance arbitrations, and manages secondary picketing issues and other strike related litigation and matters. In addition, he assists non-union employers with union avoidance efforts, and advises and counsels employers during union campaigns. Spring uses his litigation knowledge to advise clients of all sizes on how to comply with California s maze of employment related laws and regulations. Large and small companies rely on him to help draft policies and handbooks, and to guide them when questions related to California employment law arise. He has significant experience and success advising national companies with California workforces on best EDUCATION George Was hington Univers ity Law School J.D., with honors, 1991 Journal of International Law and Economics, The Advocate Student Newspaper, As s t. Editor, U.S. Dept. of Justice, Office of Special Inves tigations, Law Clerk Georgetown Univers ity, B.S. Finance, cum laude, 1988 Dean s Citation for Outs tanding Contributions to the Univers ity, 1988 Varsity Men s Lacrosse Team, Bras enos e College, Oxford Univers ity, Summer 1987 Comparative Bus ines s Program WRITTEN OPINIONS Kulshestha v. First Union Commercial Corp., 33 Cal. 4th 601 (2004) English v. IKON Office Solutions, Inc., 94 Cal. App. 4th 708C (2001) Ho v. IKON Office Solutions, Inc., 143 F.Supp. 2d 1163 (N.D. Cal. 2001) Rains v. Criterion Systems, Inc., 80

3 approaches for adapting existing policies to comply with state regulations. F.3d 339 (9th Cir. 1996) Social networking issues in the workplace is a major area of his recent client counsel. Spring is a frequent presenter on this topic and works with clients across a variety of industries to draft policies and implement consistent practices that resolve the employment and labor related issues stemming from use of this technology in the workplace. A frequent speaker to employment-related groups and associations, in his off-the-clock hours, Spring pursues his love of basketball and has served as a coach to a number of high school and youth school teams. PUBLICATIONS The Employer Survival Guide for the Hospitality Industry, Co-author with Jeremy Naftel, 2003 PRESENTATIONS "Essentials in California Employment Law," CSU Sacramento - Department of Parks, Recreation and Tourism Administration, April 2011 and November "Social Media in the Restaurant Industry," California Restaurant Association Education Seminar, October 2011 Social Media in the Workplace, Association of Corporate Counsel, Sacramento Chapter, May 2011 Significant Risks Related to Employment Law for California Employers, Sacramento State Department of Parks, Recreation and Tourism, April 2011 Key Labor and Employment Issues for 2011, Vistage Executive Group 037, March 2011 Facebook, MySpace and Twitter: How to Best Address and Utilize Social Networking in the Workplace, California Parks and Recreation Society, February 2010 Looking Ahead to New Labor and Employment Laws for the Coming Year, Sacramento Human Resource Association, December 2009 Employee Free Choice Act is Coming Time to Prepare, CDF Seminar

4 Series, February 2009 Developments in California Employment Law Are You Ready for 2009, Sacramento Human Resource Association, December 2008 Employment Law Practice 17th Annual Recent Developments Program, Continuing Education of the Bar (CEB), March 2008 PROFESSIONAL AFFILIATIONS/LEADERSHIP/AWARDS Northern California Super Lawyers, 2008, 2009 Martindale-Hubbell AV Preeminent Rated American Employment Law Council (AELC), Member, present Sacramento County Bar Association Diversity Hiring and Retention Committee, Member, 2005-present Sacramento No Glass Ceiling Task Force, Board of Directors, University of Phoenix, Sacramento Campus, Employment law/business law adjunct lecturer, Sacramento Area Human Resources Association, Legal and Legislative Director/Board of Directors, CIVIC ACTIVITIES Spring is a panel attorney for the ABA Military Pro Bono Project a program that provides pro bono representation for members of our armed services. Assistant JV Girls Lacrosse Coach, Oak Ridge High School, 2011-present Rolling Hills Middle School, Head girls basketball coach, El Dorado Hills Youth Lacrosse Club, Coach, Folsom High School, Assistant varsity boys basketball coach, ; Temple Or Rishon, Board of Directors, Folsom Chamber of Commerce, Leadership Folsom Program Graduate PRO BONO Provide pro bono services to a variety of non-profit organizations in

5 Sacramento, including Shalom Jewish School and Temple Or Rishon Congregation. Counsel includes representing these organizations in employee disputes, negotiations with their executives, and providing general guidelines on employment policies and situations.

6 DAN M. FORMAN Partner (213) Ext (213) FAX LOS ANGELES OFFICE 707 Wilshire Boulevard Suite 5150 Los Angeles, CA Jury and bench trial experiences shape Dan M. Forman s strategies when defending California employers against employee claims in any forum. Forman s knowledge expands beyond traditional employment law to the developing field of trade secret litigation where he has successfully prosecuted and defended complicated cases. Forman s vast litigation experience also allows him to adeptly utilize alternative dispute resolution techniques to achieve efficient and expedited results in cases with high financial exposure. EDUCATION Georgetown Univers ity Law Center, J.D., cum laude, 1991 University of Wisconsin, Graduate s tudies in French literature, 1988 Indiana Univers ity, B.A., Deans list, 1986 His representation background extends throughout state and federal courts, as well as alternative dispute resolution venues. Forman represents clients before a wide range of regulatory agencies, including California s Labor Commissioner, the Department of Fair Employment and Housing, Employment Development Department, Equal Employment Opportunity and similar agencies. In addition to achieving favorable results in litigation, Forman advises California clients on the full gamut of employment topics in an effort to avoid claims altogether. Forman counsels service providers, high tech companies, insurance agencies, garment manufacturers, financial institutions, health and medical industry clients. He advises and drafts wage and hour policies, employment and severance agreements, covenants-not-to-compete and trade secret confidentiality agreements, collective bargaining and WARN Act compliance. To help employers and business executives stay ahead of emerging legal issues, such as social media, employee retention and competitive agreements, Forman frequently provides employers and clients updates by his participation in various industry webinars and presentations. PUBLICATIONS What Labor/Employment Lawyers Need to Know About the Impact of

7 Lopez v. Pacific Maritime, ExecSense Webinars, May 2011 Blogging and Tweets: Social Networking in the Workplace, LexVid Webinars, January 2011 Updating, Drafting and Negotiating Employment Agreements for Labor and Employment Clients in Tips and Best Practices, ExecSense Webinars, December 2010 How Labor/Employment Lawyers Can Help Their Clients Legally Monitor Employee s, ExecSense Webinars, January 2010 Understanding the Instant Impact of Halpert v. Manhattan Apartments on Employment Lawyers and Their Clients, ExecSense Webinars, October 2009 Adding Value in ADR, Inside the Minds: Preparing for Alternative Dispute Resolution Cases, Aspatore Books, 2007 Alternative Dispute Resolution: Prepare for Resolution Through Arbitration or Mediation, Inside the Minds: Mediation and Arbitration Best Practices, Aspatore Books, 2007 PRESENTATIONS Keeping Star Employees, Employer Resource Institute s National Employment Law Update, Las Vegas, Nevada, October 2010 Keeping Star Employees, Employer Resource Institute s California Employment Law Update, San Francisco, November 2010 Protecting the Crown Jewels: Confidential Information and the Mobile Workforce, Ontario, California, November 2009 Employee Privacy and Social Media, Employer Resource Institute s California Employment Law Update, San Francisco, November 2009 Fair Fighting Over Jobs: Unfair Competition Law and Employer-Employee Relations, Los Angeles County Bar Antitrust Section, December 2009 Defense Strategy, Discovery and Settlement, Bridgeport Continuing Education 2008 Wage & Hour Litigation Conference, December 2008 Mediation and Pre-Dispute Resolution and Investigation, ABA s Employment Law Litigation Skills Training, Newport Beach, April 2008 Solutions to Growing Workplace Violence Concerns, Pasadena, Council on Education in Management, Pasadena, July 2007

8 PROFESSIONAL AFFILIATIONS/LEADERSHIP/AWARDS Super Lawyers Corporate Counsel Edition, Employment and Labor Law, 2010 Southern California Super Lawyers Employment and Labor Law, 2007, 2009, and 2010 Martindale-Hubbell AV Preeminent Rated Pacific Coast Soccer Club, Director Red Cross of Southern California, Director CIVIC ACTIVITIES Wilshire Boulevard Temple, Shofarim PRO BONO Los Angeles County Superior Court, Judge Pro Tem