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Employment Litigation and Dispute Resolution

We have more than 30 years experience in resolving disputes in the business/commercial context, including some twenty years of focus on disputes arising from, or in connection with employment relationships. While our preference is always to resolve disputes favorably to our clients' interests as quickly and cost-effectively as possible (often through mediation or unmediated negotiation), a willingness and ability to try a case is generally a necessary element of a successful negotiation.

Our litigators, partner Richard E. Levine and of counsel Gabriel S. Levine, have extensive trial experience (both jury and bench trials) in the state courts of all Bay Area counties and numerous other counties throughout the state, including Los Angeles and southern California. L&B lawyers have tried federal cases in the United States District Courts in San Francisco, Oakland, Los Angeles and San Diego. In addition, L&B frequently conducts mediation and arbitration proceedings and we have many years of experience with private justice venues, including the Judicial Arbitration and Mediation Service (JAMS), the American Arbitration Association (AAA) and the Financial Industry Regulatory Authority (FINRA)(formerly NASD). Examples the sort of disputes we handle include:
  • Statutory employment discrimination.

  • Sexual, racial and religious harassment in employment.

  • Employment compensation disputes, including disputes regarding stock option plans, "restricted" stock plans, and commissions.

  • Retaliation and "whistle-blower" claims.

  • Claims of unfair competition, breach of loyalty/fiduciary duty, trade secret and confidential information misappropriation in between employers/employees and partnerships/partners.

  • Battles for control in corporate, LLC and partnership contexts.

  • Right to privacy claims.

  • Disputed rights arising from mergers and acquisitions, including rights under "change of control" provisions.