Practice

Federal and California employment laws contain many potential traps for employers. Business leaders and owners trust the Louderback Law Firm to handle their full slate of high-stakes litigation needs. The Firm engages in an early analysis and prompt investigation of claims in order to determine if a matter may be disposed of quickly by way of a motion to dismiss, demurrer, or summary judgment. The Louderback Law Firm has been successful in the early use of alternative dispute resolution (ADR), including mediation and non-binding arbitration. When necessary, the Firm has a proven and aggressive trial team committed to obtaining verdicts to send a powerful message and prevent repeat litigation.

As well as employment litigation, the Louderback Law Firm also has vast experience in employee mobility, trade secrets litigation and commercial litigation. 

Recent Successes
Boswell v. WDS (Jury Trial; Sacramento County Superior Court)

The firm's client was a high-level manager for WDS and was sued by Plaintiff based on age discrimination and harassment. Before trial Plaintiff rejected a $400,000 settlement. After a month long trial, the firm obtained defense verdict and proved that its client treated his employees equally and had history of promoting employees over 60.

Bush v. Trendwest (Jury trial; Los Angeles County Superior Court)

The Louderback Law Firm defended its clients against sexual harassment and wrongful termination allegations. After a successful motion for summary judgment, the firm was able to negotiate a minimal settlement amount for the remaining cause of action and obtain an award of attorneys’ fees for the client.

The Louderback Law Firm understands that commercial disputes, no matter how complex, can have wide ranging effects on an individual or business. Communication and collaboration are an integral part of the firm's practice. This approach allows the firm to identify and analyze the risks and costs of litigation, and provide its clients with expert advice on reaching the best outcome.

The Louderback Law Firm understands that business objectives may warrant early settlement or mediation. The firm has significant experience and success in resolving disputes prior to trial in a cost effective manner. However, when pre-trial resolution not possible, the firm has a proven team with extensive trial success in commercial litigation.

The Louderback Law Firm leverages decades of commercial litigation experience in representing and advising clients in all types of commercial disputes, such as:

Shareholder disputes
Breach of contract
Corporate agreements and issues of corporate control
Covenants not to compete
Insurance coverage disputes
Contract interpretation and enforcement
Commercial property disputes

As well as commercial litigation, the Firm also has vast experience in employment litigation, trade secrets litigation and employee mobility matters. The Firm has a proven track record of success in handling these disputes.  

Recent Successes
KS&A v. Xebec (Jury Trial; Santa Clara County Superior Court)

The firm achieved a multi-million dollar award for both compensatory and punitive damages.

Elie v. Smith (Jury trial; San Mateo County Superior Court)

The firm was retained to defend a client who was being sued for $25 million dollars and were able to obtain a $9.4 million dollar award on defendant’s cross-complaint

Campbell v. Farmers Insurance Exchange (Jury Trial; Santa Clara County Superior Court)

The firm obtained a defense verdict on behalf of its client who had been accused of racial discrimination and wrongfully denying insurance benefits.

As the dramatic pace of technological innovation is continually reshaping trade secret protection and litigation/unfair competition law, the acquisition and enforcement of these rights is an increasingly complex challenge. The Louderback Law Firm is dedicated to protecting its clients’ trade secrets, which is critical in an era where this type of theft is all too common. A trade secret is information that has independent economic value based on the fact it is confidential (not easily known to the general public). Examples of trade secrets include: customer lists, price lists, marketing plans, and technical knowledge.

A viable trade secret claim must also involve an act of misappropriation. Misappropriation is found when a trade secret is acquired by someone who knows or has reason to know that the trade secret was acquired by improper means. A variety of remedies can be awarded including, damages for actual losses, the imposition of a royalty, exemplary damages to punish the misappropriator, attorneys’ fees, and/or injunctive relief.

The Louderback Law Firm's team of experienced attorneys leverages decades of expertise and trial know-how in representing clients in these time-sensitive matters. The ability of a company to operate, compete, and survive in the future are characteristics of trade secret litigation. The firm advises both companies and individuals how to navigate this complex area of law.

Employee Mobility Connection -  Trade secrets protection and employee mobility are often linked as claims of trade secret misappropriation can  arise when an employee seeks new employment.  The firm has helped both employees and employers to make employee mobility transitions as risk-free as possible, without litigation or dispute. Find out more about the firm's employee mobility work, especially concerning trade secrets protection.

Recent Successes
Trade Secret #1: Confidential Settlement; San Francisco County Superior Court

The firm was retained shortly before trial to represent its clients who were sued for misappropriation of trade secrets after leaving their employer to start a competing entity. The firm was able to obtain an outstanding settlement amount that was considerably below its clients’ potential exposure and would not impede them financially from continuing to expand their fledgling business.

Trade Secret # 2: Confidential Settlement; San Mateo County Superior Court

The firm's clients were entrepreneurs who were sued for trade secret misappropriation after they departed their employer and formed a competing technology consulting company. After precluding discovery by challenging the sufficiency of the plaintiff’s trade secret designation, the Louderback Law Firm  was able to leverage a highly favorable settlement at mediation which allowed the firm's clients to compete freely in the market without any restrictions.

Employee mobility is a top issue for many San Francisco and Silicon Valley companies right now. Employee mobility is when an employee leaves an organization and moves to another company, particularly a competitor. This transition may trigger a number of complex and intricate issues that can potentially lead to litigation. Besides the personal animosity, disruption of business, and possible interference with strategic planning, the exit of a high-level executive or upper-management employee implicates California laws and public policy.

In an effort to minimize the risks associated with employee mobility, employers often require that their employees sign  non-disclosure agreements (NDAs), non-compete agreements, and non-solicitation clauses that may or may not be enforceable, depending upon the employee’s location and other critical considerations. These considerations include whether or not the employee has equity rights in the former organization, the form of the business entity, and efforts by the employer to protect its intellectual property. Whether the exiting employee is coming from a partnership, a closely held corporation, or a large corporation with stock options may dictate whether the employee can work for a competitor or start their own business.

The Louderback Law Firm recognizes that employers hiring new employees on an executive and management level need to be mindful of the limitations of California Business and Professions Code Section 16600. While non-compete agreements and non-solicitation agreements together with contractual notice periods are not enforceable in the state of California, employees are nevertheless prohibited from taking confidential trade secrets from their employer. In addition to the advice and consultation we provide, the firm has engaged in successful litigation that has demonstrated its ability to enforce trade secret rights.

The Louderback Law Firm counsels companies trying to protect trade secrets as well as executives and other high-level employees who seek to move to a competing organization. The firm provide assistance throughout the transition process, including contract review and advice on competing fairly without violating contractual and statutory obligations to their current employer.

Recent Successes
Employee Mobility #1: Confidential Settlement; San Francisco County Superior Court

The firm's client was Chief Merchandising Officer for a well-established brand based out of New York. He was recruited to San Francisco to work with a nationally recognized women’s apparel company. A week after he was hired, he was fired because of his non-compete clause. After deposition and early discovery the firm's client received a $2.3 million settlement.

Employee Mobility #2: Confidential Settlement; United States District Court, Northern District of California

The firm's client, a partner in an insurance brokerage business, was sued after he left to join a competitor. The firm was able to secure a dismissal and waiver of costs for its client.

The Louderback Law Firm's decades of employment litigation and commercial litigation experience allow it to recognize the common pitfalls which often lead to costly litigation. The Louderback Law Firm leverages this experience to develop a litigation risk assessment plans, procedures and best practices to limit its clients’ legal exposure. Litigation can have a devastating and disruptive effect on any sized business. An investment in assessing your business’ litigation risk and establishing best practices will not only help your business run smoothly, but will also help avoid litigation.

The Louderback Law Firm offers the following litigation risk assessment and business services:

• Implement trade secret protection policies
• Review or develop electronically stored information retention and destruction policies
• Review and implement manuals and procedures to ensure Labor Code compliance
• Insurance policy review
• Assist in on-boarding and off-boarding employees
• Review enforceability of NDAs, non-compete and non-solicitation provisions
• Investigate and generate reports for allegations of workplace discrimination and harassment
• Contract review

The Louderback Law Firm has vast experience in related practice areas, such as employement litigation, trade secrets litigation and commercial litigation.  

Success in the appellate forum requires an appellate lawyer with the ability to recognize pivotal issues on appeal, and brief them in a succinct and persuasive manner. This requires experience in distilling complex facts and legal issues, and the ability to digest the contents of what can be a voluminous appellate record. A successful trial court outcome is nullified if the case does not survive appeal. 

In addition to appellate work, the firm also has extensive experience in:

Amicus curiae briefs
Post-trial motions
Anti-SLAPP motions

The Louderback Law Firm has vast experience in employee litigation, trade secrets litigation and commercial litigation. 

In today’s environment, litigation and trials are extremely expensive and often cost-prohibitive for many small and mid-sized corporations. The availability of insurance coverage for clients can be an important factor in the successful defense of litigation in the commercial arena

Despite this fact, many practitioners and litigators have little or no knowledge of the intricacies of analyzing detailed insurance policies and the means of obtaining insurance coverage for their clients.

The Louderback Law Firm offer clients its extensive expertise in analyzing, negotiating, and litigating insurance coverage issues for claims with a wide range of exposures, including:

• Employment practices
• Commercial liability exposures
• Directors’ and officers’ liabilities
• Intellectual property disputes
• Professional errors and omissions claims
• Data privacy breaches and associated risks
• Environmental exposures
• Construction defects disputes
• Property damage disasters such as earthquakes and fires

The Louderback Law Firm has vast experience in employee litigation, trade secrets litigation and commercial litigation. Please contact Chuck for more information about the firm and if it can help you secure insurance coverage for your case.