Bingham

Bingham

Employment and Labor

Bingham provides a wide range of labor, employment and benefits services to management clients. Big enough to handle the defense of complex class actions, yet flexible enough to move efficiently and quickly, we can serve the needs of multinationals as well as small businesses. We provide clients with strategic and tactical advice that stresses best practices, litigation prevention and compliance. When claims are made, however, we focus all our skills and experience as advocates on resolving conflicts.

Responsive and Collaborative
Our goal is to provide outstanding, economical and practical advice to clients. We offer comprehensive counseling, human resources consulting, management training and litigation services. Through close collaboration with clients’ human resource personnel, we help identify employment issues, avoid potential workplace problems and quickly resolve those that arise in a manner consistent with business goals and core values. We also create management training programs specifically for each client’s needs and goals.

We represent employers in administrative and judicial forums in which workplace disputes are addressed. With a wealth of trial experience, we know how to gauge exposure, manage risk and litigate cost-effectively. We help develop best practice policies to manage personnel effectively, and to reduce the risk of costly and disruptive litigation, but when litigation is necessary, we are aggressive and proactive.

Services

Experience Across Industries
We represent large corporations as well as privately held small businesses in a broad range of industries, including financial services, accounting, technology, consumer products, equipment manufacturing, food and beverage, biotechnology, semiconductor, professional services, real estate development, property management, higher education, office supplies, packaging, retail, hospitality, publishing, media, entertainment, and healthcare, among others.

Experience

  • Trip Advisor — Represented a travel services company in a class action by present and former independent contractors of the company alleging that they have been and are misclassified as independent contractors. Settled favorably.
  • Helinet — Obtained a judgment in favor of Helinet, a local transportation company, after a jury trial in Los Angeles involving claims by the nephew of Rupert Murdoch, Helinet’s former CEO. Plaintiff brought 13 causes of action including a claim for wrongful termination along with a variety of employment related claims as well as a multimillion-dollar claim for a percentage of equity in the company. After a successful summary judgment motion and nonsuit motions, only one of the plaintiff’s claims, breach of oral contract, made it to the jury. After Bingham obtained a judgment in favor of Helinet on plaintiff’s claims, Plaintiff appealed. On September 27, 2011, the California Court of Appeal affirmed the trial court’s decision below in full, and Helinet was awarded almost $300,000, which included a jury award on its cross claim as well as costs and interest.
  • Major Car Company — Defending company against age, national origin and reverse discrimination claims by former Public Relations Director. Caucasian and over-40 former Public Relations Director sued the company for age, national origin and reverse race discrimination after being terminated following an article that the company was one of 10 Brands expected to disappear in 2011. Plaintiff has alleged that, even though his performance was stellar, the current Korean CEO terminated his employment as part of a pattern of terminating Caucasian leadership and after the company switched to a marketing campaign focusing on youth, which included having NBA basketball star Blake Griffin as its spokesperson and a famous ad showing him leaping over a car for a dunk. The case is set for trial in April 2012 in Orange County Superior Court.
  • International Healthcare Company — Represented the company and two individual defendants against claims of discrimination, harassment and retaliation based on disability, wrongful termination and failure to accommodate, among others. The case was initially filed and prosecuted in state court. The plaintiff dismissed the individual defendants after the case had been pending for just under one year. After the individual defendants were dismissed, the case was successfully removed to federal court based on diversity jurisdiction. The federal court granted Bingham’s motion for summary judgment and dismissed all claims against our client. The court initially issued a tentative order denying Bingham’s motion on two claims, but after oral argument revised its tentative ruling to grant the motion on all causes of action. Plaintiff has appealed the summary judgment ruling, and the case is currently pending before the U.S. Ninth Circuit Court of Appeals.

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