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Corporate Counsel, McKesson, Inc., San Francisco (1977-79) (preventative corporate compliance programs across entire U.S.; antitrust, food & drug; contracts; employment laws); Western Region Counsel, Exxon-Mobil Corporation’s CCA paper/packaging subsidiary, Santa Clara (1980-86) (corporate compliance programs in CA, TX, OR & WA; antitrust, employment, litigation, sales, real estate, electricity wheeling); civil litigation, Bartley Law Offices, San Francisco, Marin, Silicon Valley (1986-present regional practice over entire Bay Area).
US Supreme Court; US Court of Appeals for 9th, 6th and 4th Circuits; US District Courts: ND CA; ED CA; CD CA; SD CA; D SC; ED KY; CA Supreme Court; CA Courts of Appeal (1st, 2nd, 5th, and 6th Districts); KY Supreme Court; Superior Courts throughout California. Have handled dozens of appeals over the years, in diverse subjects.
Whistleblower, wrongful termination, sexual harassment, antitrust, general corporate, severance agreements negotiation, significant personal injury. Tried a multitude of cases to jury verdict or to decision of judge or arbitrator. Sample cases: More than 16 FCA qui tam cases since early 1990’s: Higher education fraud; Medicare fraud; missile defect; secret use of Russian FSB algorithms in fingerprint identification products; radiation-leaking electron microscopes; construction contracts overcharges, nuclear submarine construction overcharges, subway construction overcharges. See, e.g., United States ex rel. Hendow v. University of Phoenix, 461 F. 3d 1166, reh. den. (9th Cir_ 2006), cert. denied 127 S.Ct. 2099 (U.S. 2007) (expanded FCA reach in higher education; settled for $67.5 million). Hundreds of cases in wrongful termination, sexual harassment/assault, and employment whistleblower areas. Tried first sexual harassment case jury trial in Sonoma County, CA, resulting in recovery of over $972K. Confidentially resolved wrongful termination case of high-tech supply chain VP for over $1.4 million. Have a wrongful termination/whistleblower retaliation case in Napa County in which California’s top employment defense law firm in 2020 served a rare defense CCP section 998 offer to settle for $500,000. Numerous high-profile cases.
Conferences of California Employment Lawyers Association (CELA) in California and Taxpayers Against Fraud Education Fund (TAFEF) in Washington, D.C.
Whistleblower (False Claims Act qui tam: for-profit education, Medicare; construction; strategic weapons); tax fraud; products liability; elder abuse; real estate; legal malpractice; wrongful death; major injury; mediation; arbitration; jury trials; appeals.
35% 2000 CASES
Severance agreements; unpaid stock options or sales commissions; joint employer; staffing agency; contractor vs employee; Labor C 970 misrepresentation inducing move of residence; Labor Code 1050 blackballing; witness/complainant retaliation; wrongful termination in violation of public policy (“WTVPP”).
25% 1000 CASES
Sexual harassment cases against accused persons in powerful positions, such as high tech mgt; hospitals; medical professionals; lawyers; supervisors; prison guards. (Types: hostile work environment; offensive touching; rape; same-sex.).
20% 150 CASES
Sales contracts; employment contracts; real estate deals; public relations; corp. counsel (companies & professional practices); trade secrets protection; buy-sell agreements; annual director & shareholder meetings; quo warranto & shareholder derivative actions.
15% 1000 CASES
Preventative compliance (Sherman Act; Robinson-Patman; FTC consent decrees); price-fixing; market division; price discrimination; exclusive dealing; Ostrofe-type individual retaliation over refusal to violate antitrust laws; non-compete agreements.
5% 80 CASES