Wendi J. Berkowitz has substantial experience representing clients in a wide range of disputes, through trial (jury and non-jury) and arbitration. Her cases often arise in the employment area, or involve matters of fraud, breach of fiduciary duty, legal malpractice, or business torts such as interference, or arise in the employment area.

Ms. Berkowitz has been actively engaged in employment counseling and litigation for over 15 years. Her employment practice includes:

• Counseling
• Litigation and administrative claims (discrimination, harassment, wrongful discharge, retaliation, wage and hour, and other employment-related issues)
• Workplace investigations
• Trainings
• Drafting and revising employee handbooks

She has counseled the entire range of private-sector employers - from Fortune 500 corporations, medium-sized companies and small start-ups to nonprofits - on a wide variety of questions, including:

• Individual discipline and terminations
• Internal investigations
• Worker Adjustment and Retraining Notification (WARN) Act issues and reductions in force
• Discrimination and harassment of all types
• Reasonable accommodation
• Drug and alcohol testing
• "English only" rules
• Non-competition clauses
• Solicitation by former employees of customers and other employees
• Pre-employment screening
• Wage and hour issues

Ms. Berkowitz has conducted numerous investigations and trainings on harassment and discrimination, with a primary focus on sexual harassment. She also has assisted clients in drafting and revising employee handbooks.

Experience

• Represented a bankrupt company in a multi-year, phased complex litigation against its former parent corporation alleging fraudulent conveyance, illegal dividends, alter ego, breach of fiduciary duty, and related claims.
• Represented at trial a prominent national law firm on a $30+ million tortious interference claim resulting from recruitment of two partners from another firm. The firm was hired in this case, which had been pending for more than seven years, with just over one month until trial. Resulting verdict of $80,000 was declared by the client to be a complete victory.
• Represented a leading national home builder in multimillion-dollar fraud and conspiracy lawsuit brought by homeowners in northern California. Matter had been pending for five years, involving multiple trips to the Court of Appeal, before we were hired. Within one year, we successfully obtained summary judgment against eight of the 10 "test case" homeowners, which permitted extremely favorable settlement of the entire case.
• Represented a real estate developer at trial in a case involving claims of fraud in the sale of raw land and obtained a complete defense verdict.
• Represented a national computer components manufacturer in a multimillion-dollar commercial dispute which had been pending for more than three years before the firm was hired. Successfully represented the client in mediation, which resulted in a multimillion-dollar recovery.
• Represented a trademark licensee in dispute with one of the nation’s largest banks over the use of the bank’s trademarks on agreed products. Successfully represented the client through mediation, which resulted in multimillion-dollar recovery.
• Represented an aggregate mining company in a lawsuit against its title insurance company. The suit involved very complex title issues dating back to the Gold Rush and resulted in a policy-limits settlement.
• Represented numerous law firms with international scope in connection with claims of legal malpractice.

Speeches and Presentations

"The View From The Jury Box — What Trial Lawyers Can Learn From A Trial Lawyer's Jury Service," Schiff Hardin LLP, San Francisco, Calif. (May 11, 2011)

"Attorney-Client Privilege and Work Product," (co-presenter) Schiff Hardin LLP, San Francisco, Calif. (March 29, 2011)

"Best Practices for Policies, Procedures and Training," (co-presenter) Social Networking Goes to Work: Employment Law Issues in The Digital Age, Schiff Hardin LLP, San Francisco, Calif. (November 3, 2009)

Ms. Berkowitz also offers frequent client trainings on anti-harassment, anti-discrimination and anti-retaliation policies and best practices. In addition, she has presented trainings on compliance with California’s Unruh Civil Rights Act.

Previous Experience

Ms. Berkowitz served as a staff attorney in 1997-1998 for the Judicial Council of California, focusing on policy issues in civil litigation with a particular emphasis on complex litigation.

Awards and Honors

Martindale-Hubbell — A/V Rated