Arthur Silbergeld, annually identified as one of the top employment litigators in California, has defended numerous employers in federal and state bench and jury trials in class action and individual claims. He advises major and mid-size companies on all aspects of wage and hour, equal opportunity employment, wrongful termination, harassment, disability, labor relations, and occupational safety and health matters as well as drug testing, merger and acquisition, workforce reduction and leave of absence, Sarbanes-Oxley, and trade secrets issues. He frequently trains supervisors on personnel compliance, harassment, anti-discrimination and union avoidance issues and has taught courses on federal and California wage and hour and leave of absence laws.
Art is the class action editor of Bender’s California Labor & Employment Bulletin, a chapter editor for The Developing Labor Law, and recently completed the third edition of Doing Business in California: An Employment Law Handbook. He is a fellow of the College of Labor and Employment Lawyers and is currently on the executive board of the California Committee South of Human Rights Watch. He is a past trustee of the Los Angeles County Bar Association and past chair of the 1,200-member Labor and Employment Law Section of the Los Angeles County Bar Association.
- Pourmehr v. MetLife, Inc. et al. — Defended major insurer in California Superior Court jury trial in claim brought by an employee claiming breach of contract and assault and battery by a coworker. Following nine days of examination and cross-examination of plaintiff and his witnesses, he presented corporate defendant’s case in two days, including sub rosa surveillance evidence demonstrating that plaintiff’s alleged permanent disability was fabricated. The jury voted 12-0 to fully vindicate corporate defendant, but hung on assault and battery claim. The case subsequently was dismissed with prejudice without further cost to our client.
- Moses v. HR Textron — Defended international aerospace company in California Superior Court jury trial in claim brought by former director who alleged age discrimination and breach of contract. The plaintiff elected to retire at age 65 rather than select a subordinate manager to be laid off in a reduction-in-force, and asserted that the human resources executive who helped implement the reduction-in-force conspired with coworkers to force him to quit. Following a four-day trial, the jury returned a verdict in favor of the defendants on all causes of action. Motions against the plaintiff for costs and attorneys fees were granted.
- Winarto v. Toshiba America Electronic Components — Defended international computer manufacturer and five individuals in litigation in United States District Court, Central District, brought by a former computer support specialist who was the only person of color affected by a small layoff. The plaintiff, an Indonesian, claimed she was the victim of national origin, race, gender and disability discrimination as well as sexual harassment. Following an 11-day jury trial and a verdict awarding a small sum of back pay to the plaintiff, the court on defendants’ motion issued an order granting judgment against the plaintiff on all causes of action.
- Miranda v. Universal Savings Bank — Represented regional savings bank in litigation alleging termination in violation of public policy and wrongful discharge in breach of an implied contract. He defended the client in a three-day bench trial brought by a terminated officer who claimed she was terminated in retaliation for “blowing the whistle” by reporting banking practice irregularities to an FDIC examiner. At trial, he demonstrated that the bank had not engaged in, and that plaintiff had not reported, any unlawful or improper practices. The California Superior Court of Orange County agreed and ruled in favor of the defendant in all respects.
- Palmquist v. Hawthorne Savings Bank — Represented regional savings bank in litigation brought by a former senior loan administrator who resigned following a demotion. He defended the client in California Superior Court of Los Angeles against allegations of whistleblowing to federal supervisory agency regarding alleged failure to comply with various federal regulations, breach of contract and wrongful demotion. After a nine-day jury trial, including examination of numerous witnesses and experts, he obtained a jury verdict in favor of the defendant on all causes of action. The jury was polled and voted “No” 11-0 on all claims.
- Iradjpanah v. Sbarro, Inc. — Represented national pizza chain in litigation brought by area manager receiving long-term disability benefits under corporate plan and from Social Security who had been terminated following a permanently disabling injury. He defended the client in California Superior Court of San Diego County against allegations that plaintiff was terminated due to his national origin. Following jury selection, opening statements, direct and cross-examination of first witness, and one hour of plaintiff’s direct testimony, the plaintiff agreed to dismiss the complaint with prejudice, to deny on the record that the defendant or any of its employees had discriminated against him, and to pay the cost of the court reporter.
- Zalua v. Tempo Research — Represented data processor in litigation brought by former minority owner/director/executive vice president who was terminated on sale of the company. He defended the client in California Superior Court of Los Angeles against allegations that the company owed the plaintiff commissions in excess of $1.5 million in sales that he was also paid a salary to generate. After a 22-day trial, and following a jury award of the damages plaintiff sought, the judge granted defendant’s motion for a new trial on all but one of the grounds urged. The case settled for a small percentage of the jury award.
- Trimmer v. B. P. Chemicals (HITCO), Inc. — Represented subsidiary of BP America in litigation brought by former plant maintenance manager terminated following three years of below-standard performance evaluations. He defended the client in California Superior Court of Los Angeles against the claim that company terminated plaintiff in violation of public policy in retaliation for his alleged complaints of carcinogenic gases released in the manufacturing process. On the first day of trial, the judge granted the defendant’s motions in limine in a case of first impression, based on the argument that the remedy of reinstatement and back pay for alleged retaliation found in the California Occupational Safety and Health Act is exclusive, precluding punitive damages. The case settled for a nominal amount.
- “Supreme Court Decides Texting Case In Favor Of Employer,” National Law Journal Blog (June 25, 2010)
- Co-author, “Unpaid Summer Interns: Worth the Risk? ,” Daily Journal, Perspective (April 29, 2010)
- Co-author, “Cases Address Employment-Related Privacy,” The National Law Journal (April 2010)
- 2010 Employment Law Update, Supercuts Franchisee Association 2010 Convention, Boston, Mass. (April, 2010)
- Ex Parte Communications in Class Actions, 30th Annual Labor & Employment Law Symposium, Los Angeles, Calif. (March 2010)
- Winning Strategies and Trial Techniques for Employment Litigation, Bridgeport Continuing Education, Los Angeles, Calif. (March 2010)
- Communicating with the Class, Bridgeport Continuing Education, Los Angeles, Calif. (Dec. 2009)
- Conducting the Wage Self-Audit, Bridgeport Continuing Education, Los Angeles, Calif. (Dec. 2008)
- ‘Gone Again?’ Leaves of Absence, Inland Empire EAC Event, San Bernardino, Calif. (Oct. 15, 2008)
- Bridgeport Continuing Education Wage and Hour Litigation Conference, Los Angeles, Calif. (Dec. 06, 2007)
- 2007 Human Resources Legislative Action Forum. Sacramento, Calif. (April 23, 2007)
- Mastering and Surviving Summary Judgment in Employment Litigation, Los Angeles County Bar Association Labor & Employment Law Section, Los Angeles, Calif. (Nov. 18, 2006)
- Employment Law Update, Supercuts Franchisee Annual Convention, Napa, Calif. (May 22, 2006)
- The HR Executive as a Witness, HR Star Conference, Los Angeles, Calif. (May 3, 2006)
- The Human Rights Manager as a Witness, Los Angeles HR Star Conference, Los Angeles, Calif. (May 4, 2004)
- Nuts and Bolts of Practice Before the NLRB, Los Angeles County Bar Association Labor & Employment Law Section, Los Angeles, Calif. (September 1996)
- Top Attorney in Corporate Litigation (Employment) — Super Lawyers Corporate Counsel Edition (2009)
- Super Lawyers, Southern California (2006-2010)
- Fellow, The College of Labor and Employment Lawyers
- Executive Board, California Committee South of Human Rights Watch
- Member, Los Angeles County Bar Association
- Past Trustee, Los Angeles County Bar Association
- Past Chair, Labor and Employment Law Section, Los Angeles County Bar Association
- Admitted to practice in California
- U.S. Supreme Court
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Northern District of California
- Temple University School of Law, Juris Doctor, 1975
- University of Pennsylvania, Master of City Planning, 1971
- University of Michigan, Bachelor of Arts, 1968