Eric Amdursky
Partner
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Companies of all sizes turn to Eric Amdursky for assistance with a variety of labor and employment matters. Eric is the Co-Chair of O’Melveny’s Labor and Employment Practice, and served as Managing Partner of O’Melveny’s Silicon Valley office from 2009 to 2018. He regularly represents public and private company employers and executives in defending high-stakes litigation involving sexual harassment, discrimination, retaliation, and executive compensation disputes. Eric also frequently defends and prosecutes claims regarding non-competition agreements, “corporate raiding,” unfair competition, and trade secret misappropriation. He has litigated several cases regarding earn-out disputes, indemnification and employment issues arising from mergers and acquisitions, as well as disputes among venture capital partners.
Eric has conducted numerous investigations into charges of sexual harassment and other employee misconduct. He also has provided training to workforces to prevent sexual harassment, discrimination and retaliation on over 250 occasions.
Eric also provides day-to-day counseling to Fortune 500, middle market, and start-up companies on a variety of employment law matters, including layoffs, termination and discipline decisions, and compliance with wage and hour, disability, and family and medical leave laws.
Eric also frequently serves as an employment law specialist on M&A transactions. He drafts non-competition agreements, employment agreements, severance agreements, change-in-control agreements, and provides advice on other labor and employment law issues arising out of mergers and acquisitions.
Among his many honors, from 2014 through 2018, HRE Executive and LawDragon recognized Eric on their “Most Powerful Employment Attorneys” list and, in 2012, 2015, 2017, and 2018, the Daily Journal recognized Eric as a “Top Labor & Employment Lawyer” in the state of California.
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Honors & Awards
- Named a Labor & Employment Star by Benchmark Litigation, Labor & Employment (2019, 2021-2023)
- Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters) (2022)
- Ranked by Chambers USA in Labor & Employment (California) (2019-2023)
- Selected by LawDragon to its “Leading Corporate Employment Lawyers Guide” (2020-2021)
- Named to Human Resource Executive® magazine’s 2019 “Most Powerful Employment Attorney: Top 100” list
- Named a Labor & Employment Star - West by Benchmark Litigation (2019-2020)
- Selected by HRE Executive and LawDragon to its “Most Powerful Employment Lawyers” list (2014-2019)
- Selected by the Daily Journal as a Top Labor & Employment Lawyer (2012, 2015, 2017, 2018)
- Named a Northern California “Super Lawyer” in an annual survey conducted by Law & Politics Media Inc. (2011-2018)
- Recognized by The Legal 500 US as a top trade secret litigator (2011, 2018-2019, 2022) and a top employment lawyer (2016, 2018-2022)
Admissions
Bar Admissions
- California
Court Admissions
- US District Court, Central, Southern, Northern, and Eastern Districts of California
- US Court of Appeals, Ninth Circuit
Education
- Loyola Law School, J.D., 1995: Sayre MacNeil Scholar; Order of the Coif
- University of California at Irvine, B.A., 1992
Professional Activities
Member of the Board of Directors
- CIGNA Healthcare of California (2006-2008)
Author
- “Whistleblower Claims Under OSHA — Recent Developments,” American Bar Association's Labor & Employment Conference (co-authored with Chelsea D. Raiten, November 2012)
- “Protecting Trade Secrets When Employees Depart,” Employment Law360 (co-authored with Mark Robertson, September 2009)
- “D&O Liability for Wages, WARN Act Violations,” Employment Law360 (co-authored with Ryan Rutledge, February 2009)
- “Hazards of Hiring — Avoiding Trade-Secret Spillage,” Daily Journal (June 8, 2007)
Speaker
- “Returning to the Workplace Amidst COVID-19,” O’Melveny Webinar (May 2020)
- Annual Employment Legislation and Litigation Update (2009-2018)
- “What’s Hot and What’s Heating Up…in Employment Law,” California Employment Law Council Annual Meeting (November 2017)
- Recent Developments in Disability Discrimination Law, California Employment Law Council Annual Meeting (November 2016)
- Current Issues in Whistleblower and Retaliation Claims and Internal Investigations, California Employment Law Council Annual Meeting (November 2015)
- The Survival of Trade Secrets in the Era of Social Media, California Employment Law Council Annual Meeting (November 2014)
- Whistleblower Panel, ABA Labor and Employment Annual Conference (November 2012)
- Precedents and Predictions: A Review of Last Year’s Significant Labor and Employment Law Developments and What to Expect in The Coming Year (O’Melveny Seminars, 2008-2016)
- Trade Secrets in the Workplace, Computer Fraud and Abuse Act, California Employment Law Council Quarterly Meeting (September 2011)
- “Employment Discrimination Update," 21st Annual All Hands Meeting for the Silicon Valley Association of General Counsel (December 2010)
- Strategically Managing Your Workforce, California Employment Law Council Quarterly Meeting (June 2009)
Presentations
- Drafting, defending and prosecuting restrictive covenants
- Sexual harassment prevention training
- Labor and employment aspects of mergers and acquisitions
- Employment law issues arising out of social networking, blogging and Internet search engines
- Conducting internal investigations in the wake of recent corporate scandals
- Served as lead counsel for Yahoo! in obtaining a walkaway settlement and dismissal with prejudice of a quid pro quo sexual harassment case filed by a female subordinate against a female executive.
- Served as lead counsel for Starz and its Chief Revenue Officer in a case filed by a former Senior Vice President alleging wrongful termination and a variety of retaliation claims.
- Served as lead counsel for Broadcom in prevailing on a motion for summary judgment in a $70 million executive compensation dispute.
- Served as lead counsel, and obtained an early federal court approved settlement, for Microsemi Corporation in a class action brought by employees of a recently acquired subsidiary who claimed they were deprived of bonus payments promised to them in a merger agreement.
- Served as lead counsel for TuneCore, Inc. in obtaining a complete victory in a New York state court through a successful motion to dismiss and motion for summary judgment in connection with a former CEO’s executive compensation dispute.
- Served as co-lead counsel for Yahoo! in obtaining a dismissal with prejudice on the pleadings of an executive compensation dispute that sought payment for a multi-million dollar bonus.
- Served as lead counsel for a venture capital firm, a portfolio company and their majority owner in connection with a claim of quid pro quo sexual harassment brought by an executive.
- Currently representing a major venture capital firm and its Managing Member in a venture capital partnership dispute.
- Served as lead counsel for a CEO who was sued for breach of fiduciary duty for, among other issues, taking a corporate opportunity to work for a newly created Australian nuclear medicine company and soliciting employees away from his former employer. Prevailed on a motion for summary adjudication of numerous claims and damages theories that lead to a favorable settlement shortly before trial.
- Served as lead counsel in obtaining a complete victory in New York federal court (through a successful motion to dismiss and motion for summary judgment) in a breach of contract and defamation case against a former employee while obtaining a five-figure settlement payment to resolve a pending motion for sanctions against the plaintiff.
- Served as lead counsel for a cosmetics company and its CEO in obtaining a favorable resolution of a gender harassment/constructive discharge case.
- Currently representing Oasis West, LLC and its CEO in a trade secret misappropriation lawsuit brought by the operator of the Peninsula Hotel in Beverly Hills regarding a former employee who allegedly used trade secrets while employed by the Waldorf Hotel in Beverly Hills. Obtained dismissal with prejudice on the pleadings on three of the four claims asserted against our clients, and then defeated a motion for preliminary injunction in its entirety.
- Currently representing HID Global in an earn-out dispute in connection with an M&A transaction.
- Served as lead counsel for an online advertising company in obtaining a TRO, preliminary injunction and favorable settlement against three former salespersons and a competitor based on trade secret misappropriation.
- Represented a semiconductor company in obtaining a six figure payment shortly after the complaint was filed against a former executive who breached an employee non-solicitation covenant.
- Served as lead counsel and obtained favorable settlements for a venture capital firm in several partnership compensation disputes with former partners.
- Represented former managing director of venture capital firm in obtaining a favorable settlement in a dispute over his carried interest and repurchase of his equity in the management company.
- Represented a residential real estate company in obtaining a TRO and negotiating a favorable resolution of a lawsuit against a former branch manager and competitor for trade secret misappropriation.
- Represented a Fortune 500 semiconductor company in obtaining a TRO and preliminary injunction against several current and former employees, as well as their new employer, for misappropriating trade secrets and breaching a non-competition agreement. The Ninth Circuit subsequently affirmed the order granting the preliminary injunction and ordering an asset freeze against the competitor and its CEO.
- Represented an investment bank in a pair of gender discrimination cases brought by a managing director and a principal of the firm who alleged they were terminated from the partnership and/or denied promotion to partnership on the basis of their gender.
- Served as lead trial counsel in an arbitration for a land development company that obtained a complete defense verdict and six-figure attorneys’ fee award against a former executive who claimed he was wrongfully denied significant bonuses. The California court subsequently affirmed the arbitration order in its entirety.
- Served as lead trial counsel in an arbitration for a homebuilding company that obtained a complete defense verdict in a wrongful-termination case brought by the former CFO. The arbitrator also ruled in favor of the employer on its counter-claim for defamation and awarded the employer nearly US$500,000 in compensatory damages, punitive damages, attorneys’ fees and costs.
- Served as lead counsel for a technology company in obtaining a stipulated injunction and six-figure recovery against a former executive for breach of duty of loyalty and unfair competition.
- Served as lead counsel for a global asset management company in obtaining a dismissal with prejudice on the pleadings in a constructive discharge case involving allegations of gender discrimination.
- Represented an entertainment company in a series of complex pattern and practice wrongful termination/ discrimination cases over a several-year period.
- Represented a Fortune 500 company in obtaining a dismissal with prejudice of a case involving potential damages of US$240 million brought by several employees against their former employer and its seven highest ranking officers for allegedly inducing 5,000 employees to remain employed through the closing of a sale of a division based on alleged fraudulent promises.
- Represented a Fortune 500 telecommunications company in a case involving claims for wrongful termination in violation of public policy and breach of implied contract, obtaining an award of summary judgment and costs.
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