Adam P. KohSweeney

Partner

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Adam works on matters involving an array of labor and employment-related issues under federal and state law, including litigation and arbitration under the Fair Labor Standards Act, state wage-and-hour laws, the Fair Credit Reporting Act, the Railway Labor Act, and the National Labor Relations Act, as well as contract and tort claims. He represents and counsels a wide variety of employers, particularly companies in the financial services, hospitality, airline, and construction industries.

Adam also regularly advises employers regarding how to preserve, collect, review, and produce electronically stored information (“ESI”). He is the co-author of an annually updated practice guide which discusses all aspects of the doctrine of spoliation in the context of electronically stored information.

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Honors & Awards

  • Recognized by The Legal 500 for his work in labor and employment disputes (2017-2018)
  • Named a Northern California “Rising Star” (2011-2013) and a Southern California “Rising Star” (2006-2008) in an annual survey conducted by Law & Politics Media Inc.

Admissions

Bar Admissions

  • California
  • New York

Court Admissions

  • US District Court for the Central and Northern Districts of California
  • US Court of Appeals for the Fifth and Ninth Circuits

Education

  • Rutgers University,  J.D., 1999:  Editor-in-Chief, Rutgers Law Review
  • Rutgers University,  B.A., English, 1995:  with honors; Athenaeum Honors Society

Professional Activities

Clerkships

  • Honorable Howard H. Kestin, New Jersey Superior Court, Appellate Division

Presenter

  • “The Latest Developments in Equal Pay/Fair Wage Matters,” ACI’s 29th National Forum on Wage & Hour Claims and Class Actions (2017)
  • “Employment Class Actions,” Alameda County Bar Association Labor & Employment Law Section (2016)
  • Workplace and Employment Law Update, Employers Group (2008-2015)
  • All Hands Meeting, Silicon Valley Association of General Counsel (2014)
  • “Trends With Class and Pattern Cases in California,” Practising Law Institute (2013)
  • “The Brinker Decision: New Guidance on California’s Meal Period Requirements TeleBriefing,” Law Seminars International (2012)
  • Annual Wage & Hour Litigation Conference, Bridgeport (2010 and 2011)
  • Nuts & Bolts of the FLSA, ExecSense (2010)
  • 37th Annual Institute on Employment Law, Practising Law Institute (2008)

Co-Author

  • “Non-Exempt Employee Compensation: Traps for the Unwary,” Bloomberg Labor & Employment Reports (December 2011; co-authored with Apalla Chopra)
  • “Strategic Issues Related to Employee Exemption Review,” Bloomberg Labor & Employment Reports (August 2011; co-authored with Apalla Chopra)
  • “Courts Split Over Calculating Overtime Damages,” The National Law Journal (January 10, 2011; co-authored with Justin Walker)
  • “Spoliation in the Electronic Age,” BNA Books (December 2010, co-authored with Roberta Vespremi and Eric Chan)
  • “Hiring? Laying Off? What You Must Know Now,” BusinessWeek (October 2009; co-authored with Framroze Virjee)
  • Represented a major air carrier in a class action matter alleging meal period and rest break violations as well as other allegations. Successfully moved to dismiss the meal and rest claims with prejudice based on Airline Deregulation Act preemption. 
  • Represented a professional staffing company in several different matters, including putative wage-and-hour class actions. Successfully demurred in one case, compelled arbitration on an individual basis in two others, and convinced the plaintiff to drop the class allegations in another. 
  • Represented a technology company in a series of misclassification cases and arbitrations across the country. Successfully moved to compel arbitration and enforce a class action waiver in two separate matters. 
  • Represented a major hotel in several putative class actions involving allegations of missed meal periods and rest breaks. Motion practice resulted in the plaintiff dropping the class action allegations in one matter. Settled another matter on favorable terms by leveraging electronic data concerning property access and clock-in/clock-out times. 
  • Represented a financial services company in a nationwide FLSA collective action relating to alleged training time. Prevailed on summary judgment. 
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