John S. Adler. Focus Areas. Overview

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1 Shareholder 501 W. Broadway Suite 900 San Diego, CA main: (619) direct: (619) fax: (619) Focus Areas Discrimination and Harassment Litigation and Trials Class Actions Hiring, Performance Management and Termination Overview John S. Adler has an established practice in employment litigation, with extensive first chair state and federal court jury and bench trial experience in discrimination, harassment, retaliation, pay practices, civil rights, defamation and free speech, and breach of contract claims. His practice also includes federal and state court appellate advocacy and numerous first-chair oral appellate arguments in complex employment matters, the defense of contested claims in arbitrations, mediations and administrative hearings, and ongoing counseling and working with employers regarding workplace practices, workforce restructuring including The Worker Adjustment and Retraining Notification Act (WARN) and Cal-WARN Act compliance, problem-solving and discipline. John counts both Fortune 500 companies and major public employers among his clients, which span the following industries: Higher education Biotechnology Military defense Professional services Manufacturing Retail Non-profit 1

2 He litigates wage and hour class actions, cases involving workplace assault, First Amendment issues and unfair competition, and bargaining agreement enforcement for public entities. He also handles matters arising under: Title VII The Americans with Disabilities Act The Age Discrimination in Employment Act The Family and Medical Leave Act 42 U.S.C. Sections 1981 and 1983 The Fair Employment and Housing Act California and federal wage and hour laws John's substantial litigation successes include obtaining defense verdicts in many jury and bench trials and arbitration proceedings, including cases involving claims of unpaid compensation, retaliatory/whistleblower termination, harassment, discrimination and the Equal Pay Act, and sexual assault and negligent hiring. He has also successfully prevented injunctive relief and damages sought in unfair competition and trade secret litigation. Recently, following several years of litigation, he obtained a complete defense verdict for a major national client following a two week federal court jury trial in a national origin/race discrimination and whistleblower case. In another recent matter, he was lead trial counsel for a pharmacy chain client in a state court wrongful termination, FEHA sexual harassment and retaliation, and battery case and obtained a complete defense verdict following a six-day jury trial. In a matter concluded in June 2015, he was lead counsel obtaining a complete defense verdict in Arizona federal court for a major national company in a twenty cause of action False Claims Act, whistleblower wrongful termination and defamation case, which also included the award and recovery of over $100, in fees and costs by Littler s client. In a 2014 matter, John was lead counsel obtaining a complete defense award following a four-day state court arbitration hearing for a publicly-held national company in a matter alleging harassment and retaliation. Additionally, as examples, John has obtained defense summary judgments or dismissals of litigation without payment of compensation in: A sexual harassment and constructive discharge case A disability discrimination case Several Fair Employment and Housing Act cases, including a multi-plaintiff FEHA suit A whistleblower/retaliatory discharge case A retaliatory discharge/feha case, in which he also obtained a defense verdict in a related five-day union contract arbitration John was an adjunct professor of law at the University of San Diego School of Law teaching employment litigation for that entire period, and teaching sports law for part of that time. Prior to working at Littler Mendelson, John represented employees and employers for more than 20 years as a solo practitioner with a litigation and trial practice focused on employment and labor law. Early in his career, he handled numerous federal court criminal defense matters, including jury trials. 2

3 John served for ten years with the California Army National Guard, including three years as a Military Judge. He was awarded the State of California Commendation Ribbon with Pendant for conduct as Military Judge while serving as a Captain with the California Army National Guard, 40th Inf. Div. (M). In law school, he was a member of the Law Review and the Honor Court. Professional and Community Affiliations Member, Board of Directors, American Heart Association, San Diego Chapter, Member, Board of Directors, San Diego County Bar Foundation, Arbitrator, American Arbitration Association, 1986-present Recognition Named, Top Lawyer in Labor & Employment, San Diego Magazine, 2015 Named, The Best Lawyers in America, Awarded, AV Peer Review Rating, Martindale-Hubbell, 1990-present Elected Member, American Board of Trial Advocates (ABOTA), San Diego Chapter, 2001-present Education J.D., University of San Diego School of Law M.A., New York University M.A., Case Western Reserve University A.B., Case Western Reserve University Bar Admissions California Courts U.S. Supreme Court U.S. Court of Appeals, 9th Circuit U.S. District Court, Southern District of California U.S. District Court, Central District of California U.S. District Court, Northern District of California Publications & Press August 18, 2015 Littler Attorneys Recognized in the Best Lawyers in America 2016 Edition 3

4 August 18, 2014 Littler Attorneys Included in the Best Lawyers in America 2015 Edition June 1, 2014 DSM-5 and Posttraumatic Stress Disorder The Journal of the American Academy of Psychiatry and the Law August 15, 2013 Littler Attorneys Named in Best Lawyers in America 2014 Edition September 7, 2012 Best Lawyers in America Names 164 Littler Attorneys to 2013 Edition July 1, 2011 Dodd-Frank and The SEC Final Rule: From Protected Employee to Bounty Hunter Littler Report May 30, 2006 John Adler Comments on Recent Whistleblowing Rule San Diego Daily Transcript January 28, 2006 John Adler Offers Insight on How Litigation has Been Focused Mainly on a National Level With Large Corporations Getting Hit the Hardest San Diego Daily Transcript December 14, 2004 Sarbanes-Oxley Helps Firms Cut Off Frivolous Allegations San Francisco Daily Journal Speaking Engagements October 26, 2013 PTSD in DSM-5: More Plaintiffs, More Defenses, More Awards? Annual Meeting - American Academy of Psychiatry and the Law, San Diego, CA 4

5 February 2013 Ethics and Empathy in Arbitration: Can the Decision-Maker s Life Experiences Pose A Problem Section of Labor and Employment Law Conference - American Bar Association September 12, 2012 Disclosures, Depositions and Dispositive Motions in Employment Arbitration American Arbitration Association National Webinar August 10, 2012 What Every Manager Should Know About Employment Law Executive MBA Program - San Diego State University January 18, 2012 Drafting and Using Arbitration Agreements in the Workplace Annual Program - Society of Human Resources Management October 19, 2011 Fundamentals of Questioning Witnesses at Trial New Lawyer Division - San Diego County Bar Association, San Diego, CA 5