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 a practice guide which discusses all aspects of the doctrine of spoliation in the context of electronically stored information.

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Honors & Awards

  • Named to the National Law Journal’s list of Employment Law Trailblazers (2019)
  • Recognized by The Legal 500 US for his work in aviation matters (2019-2020)
  • Recognized by The Legal 500 US for his work in labor and employment disputes (2017-2020)
  • 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, Central, Northern, and Southern Districts of California
  • US Court of Appeals, 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 hotel in a case involving allegations that the company's service charge practices in the banquet department violate California's tip statute. Obtained a full defense verdict after a bench trial and successfully defended the verdict on appeal.
  • Represents a mainline domestic air carrier in two separate class actions brought by pilots and flight attendants (respectively) who were California residents alleging violations of California labor law. Successfully moved for summary judgment in both cases on the ground that California labor law did not apply to plaintiffs because they worked primarily outside of California.
  • Represents a mainline domestic air carrier in a representative action alleging wage-and-hour violations on behalf of mechanics.  Obtained summary judgment based on Railway Labor Act preemption principles.
  • Represents another mainline domestic air carrier in a class action matter alleging meal period and rest break violations as well as off-the-clock work and unpaid overtime. Successfully moved to dismiss the meal and rest claims with prejudice based on Airline Deregulation Act preemption and successfully convinced plaintiffs' counsel to drop their reimbursement claims. Subsequently obtained summary judgment on the overtime claim and decertified the off-the-clock class.
  • Represents a nationwide professional staffing company in several different matters, including putative wage-and-hour class actions and putative class actions under the Fair Credit Reporting Act. Successfully demurred in one case, and compelled arbitration on an individual basis in two others.
  • Represents 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. Regularly advises Arise on independent contractor misclassification issues and regarding the drafting of arbitration agreements and class action waivers.
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