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 represents clients in federal and state court cases involving individual and classwide claims of employment discrimination, wrongful discharge, sexual harassment, wage and hour violations, and breach of fiduciary duty. Eric defends and prosecutes claims regarding non-competition agreements, “corporate raiding,” unfair competition, and trade secret misappropriation. He has litigated several cases regarding employment issues arising from mergers and acquisitions, as well as disputes among venture capital partners.

Eric assists Fortune 500, middle market, and start-up companies in implementing reductions in force; handling termination and discipline decisions; and counseling clients on complying with wage and hour, disability, and family and medical leave laws. He also conducts sexual harassment investigations and sexual harassment prevention training.

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Honors & Awards

  • Named a Labor & Employment Star-West by Benchmark Litigation (2018)
  • Selected by HRE Executive and LawDragon to its “Most Powerful Employment Attorneys” list (2014-2016, 2018)
  • 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. (2011-2015)
  • Recognized by Legal 500 (2011, 2018)
  • Named a Northern California “Rising Star” in an annual survey conducted by Law & Politics Media Inc. (2009)
  • Named a Southern California “Rising Star” in an annual survey conducted by Law & Politics Media Inc. (2005)

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

  • Whistleblower Panel, ABA Labor and Employment Conference (November 2012)
  • “Precedents and Predictions: A Review of 2011's Significant Labor and Employment Law Developments and What to Expect in 2012" (O’Melveny Seminar, February 2012)
  • California Employment Law Council Quarterly Meeting (November 2011)
  • “Precedents and Predictions: A Review of 2009's Significant Labor and Employment Law Developments and What to Expect in 2010” (O’Melveny Seminar, March 2010)
  • “Employment Discrimination Update," 21st Annual All Hands Meeting for the Silicon Valley Association of General Counsel (December 2010)

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
  • 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.
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