| Biography:
Arthur F. Silbergeld is a partner in the Labor and Employment Department of Proskauer Rose LLP, a firm of 700 attorneys representing major and mid-size corporations throughout the United States and abroad. In 2008, Mr. Silbergeld was recognized by Los Angeles magazine as a “Southern California Super Lawyer.”
Resident in Los Angeles, Mr. Silbergeld’s success as an employment trial lawyer has led many domestic and foreign corporations of all sizes in diversified industries to seek his counsel in all aspects of labor and employment law compliance and litigation. Clients he has provided advice to include Allstate Insurance; Alta Dena Certified Dairy; Bed, Bath & Beyond; British Petroleum; California Pizza Kitchen; CDI Corporation; Cox Communications; Countrywide Home Loan; Cross Country Nurses; Dean Foods; Discovery Communications; FlightSafety International; Health Net, Inc.; HR Textron; ITT Cannon; McDonald's Corporation; Metropolitan Life; Miller Brewing Company; Mission Viejo Company; Office Depot; Philip Morris Companies; Public Storage; Supercuts; Toshiba America; TransPacific Container; Trans World Airlines; and Universal Studios. He advises clients on all aspects of equal opportunity employment, affirmative action, wrongful termination, sexual harassment, disability, and occupational safety and health matters, as well as wage and hour, employee benefits, drug testing, merger and acquisition, workforce reduction, leave of absence, Sarbanes-Oxley, and trade secrets issues. He assists clients in drafting employee handbooks, individual and executive contracts, and arbitration agreements.
Mr. Silbergeld represents employers before the Equal Employment Opportunity Commission, the United States Department of Labor, the National Labor Relations Board, the California Department of Fair Employment and Housing, the California State Labor Commissioner, and the California Occupational Safety and Health Administration. He defends clients facing wrongful termination; sexual harassment; race, national origin, gender, and disability discrimination; wage and hour, whistleblower, retaliation, and similar claims in class action and individual plaintiff federal and state court bench and jury trials and appellate matters utilizing alternative dispute resolution mechanisms, including arbitration and mediation, to resolve disputes and avoid otherwise costly litigation.
In addition to recent wage class action trials, Mr. Silbergeld's recent trial experience includes:
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. 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 defendants on all causes of action. Motions against plaintiff for costs and attorneys fees 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. Defended 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, demonstrated that the bank had not engaged in, and that plaintiff had not reported, any unlawful or improper practices. The California Superior Court, 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. Defended client in California Superior Court, 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. Conducted nine-day jury trial, including examination of numerous witnesses and expert. Obtained jury verdict in favor of defendant on all causes of action. Jury polled, 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. Defended client in California Superior Court, 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, 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.
Blaney v. Data Line Service Company. Represented data processor in litigation brought by former minority owner/director/executive vice president who was terminated on sale of the company. Defended client in California Superior Court, Los Angeles against allegations that company owed plaintiff commissions in excess of $1.5 million in sales that he was also paid a salary to generate. Conducted 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. 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. Defended client in California Superior Court, Los Angeles against claim that company terminated plaintiff in violation of public policy in retaliation for his alleged complaints of carcinogenic gases released in manufacturing process. On first day of trial, judge granted defendant's motions in limine in 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. Case settled for nominal amount.
Mr. Silbergeld has extensive experience in arbitrating claims under collective bargaining and individual employment agreements. He recently prevailed in two companion cases involving the terminations of an hourly employee who verbally harassed a supervisor and of his union shop steward who, in violation of the steward's duties under a union contract, led a work stoppage to protest the employee's termination. In an eight-day hearing before a panel of three NASD arbitrators, Mr. Silbergeld presented witnesses and successfully argued that the manager of a national insurance company's branch had been lawfully demoted for reasons of performance, and not based on her gender. In a five-day AAA arbitration hearing before a retired judge, he prevailed in demonstrating that a former vice president of sales of an art licensing company who voluntarily quit was not, as alleged, entitled to commissions on future sales of the company.
Mr. Silbergeld has been effective in developing strategies in litigation that produce results which are highly favorable to clients. Defending a discrimination claim brought against a major corporation by the only member of a protected class laid off when a management information services department was outsourced, Mr. Silbergeld not only obtained summary judgment, but won an award of $67,000 in attorney’s fees for the defendant. Defending an art licensing company against a wage claims by a former officer seeking commissions for an indefinite period after leaving the company, he obtained a decision in favor of his client and an award of $153,500 in attorney's fees. In an alleged claim of pregnancy discrimination brought by a female who quit after returning from an approved leave, Mr. Silbergeld won a summary judgment motion and costs collected by the client in a small claims action. When a terminated independent contractor sued a foreign corporation she had an agreement to perform services for, and named as a codefendant a related domestic company she did no work for, Mr. Silbergeld obtained a motion for summary judgment for the codefendant, then filed separate malicious prosecution actions on its behalf against the contractor and her attorneys, resulting in a dismissal of all litigation. In several recent matters, based on carefully investigated facts, Mr. Silbergeld has filed cross-complaints against plaintiffs seeking to recover damages for their misconduct or wrongdoing. He has been highly successful in other litigation in persuading the plaintiff after limited discovery to withdraw the complaint without payment by the defendant.
Mr. Silbergeld is the author of Doing Business in California: An Employment Law Handbook (2nd ed. 1997) and Complying With the Federal Family and Medical Leave Act and the California Pregnancy Disability Leave Law, and the co-author of Americans With Disabilities Act Handbook: A Compliance Guide for Corporations. He served as a consultant to Advising California Employers (2nd ed. 1996), published by California Continuing Education of the Bar, and coauthor of 1990-1995 supplements to that text. He is a contributing editor of Bender’s California Labor & Employment Bulletin and California Wage & Hour Advisor and a chapter editor for The Developing Labor Law, published by BNA for the American Bar Association. He writes columns on employment law developments in The National Law Journal, The Los Angeles Daily Journal, Employment Relations Today and International Legal Strategy. He has taught courses on employment law at University of California Los Angeles and provides intensive training to managers and supervisors on personnel issues. He speaks regularly to client, professional, and trade association groups, and has been quoted in The New York Times, The Los Angeles Times, The Wall Street Journal and Forbes and on CNN and Bloomberg Legal News on employment law matters.
Mr. Silbergeld was recently inducted into the College of Labor and Employment Lawyers, and is currently on the Executive Board of the California Committee South of Human Rights Watch. Mr. Silbergeld 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. He is admitted to practice in California, New York and the District of Columbia, as well as in the Second, Ninth, and District of Columbia Circuit Courts of Appeals, Federal District Courts in California and New York, and the Supreme Court of the United States.
He holds degrees from the University of Michigan, the University of Pennsylvania, and Temple University School of Law.
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