David A. Lowe

David A. Lowe

Location:
San Francisco, California
Phone:
415-394-6078
Fax:
415-434-0513
Email:

The Daily Journal has repeatedly included Mr. Lowe on its prestigious list of the “Top Labor and Employment Lawyers” in California, and he has received California Lawyer magazine’s “Attorney of the Year” (“CLAY”) award by for his “extraordinary achievement” in employment law.  He is listed in Best Lawyers in America, which recognized him as “Lawyer of the Year” for Employment Law for 2016.  In addition, Law & Politics magazine has recognized him as a “Northern California Super Lawyer” each year from 2006 to the present and as one of the “Top 100” lawyers in Northern California.  He holds LexisNexis Martindale-Hubbell’s highest “AV” Peer Review Rating for preeminent attorneys and an AVVO rating of 10 out of 10.

Mr. Lowe is one of a handful of employment lawyers in California who have won high profile trials in both individual and class action cases.  Most recently, Mr. Lowe was lead trial counsel in two jury trials in which the firm’s clients recovered millions of dollars.  A jury found that the Diocese of Sacramento defamed our client and fired him for whistleblowing, resulting in a $4 million judgment.  Six months later, in a disability discrimination case, a Kern County jury awarded our client, a blind physical therapist, $1.19 million in lost wages and emotional distress damages.  The case settled while the jury was deciding the amount of punitive damages to award. 

In addition to representing employees, Mr. Lowe is frequently retained as a neutral mediator to help other lawyers and their clients resolve difficult employment disputes.  In that role, he has helped settle multi-million dollar class actions, individual employment cases, and litigation involving a wide variety of issues, including insurance coverage issues.  Mr. Lowe received his mediation training at the highly regarded Straus Institute for Dispute Resolution at Pepperdine University School of Law and “on-the-job” with his colleague Mark Rudy, with whom he has mediated numerous complex individual and class action cases. 

Mr. Lowe specializes in international employment cases, complex litigation, and executive severance negotiations, as well as litigation and negotiation of individual employment law claims, including claims for wrongful termination, harassment, discrimination, whistleblower retaliation, unpaid commissions and bonuses, breach of contract and violation of the WARN Act, military leave, family/medical leave and wage and hour laws.

Mr. Lowe is one of four authors—with Justice Ming W. Chin, Justice Rebecca A. Wiseman (ret.) and Judge Consuelo Maria Callahan—of The Rutter Group “Employment Litigation” California Practice Guide and is Chapter Author, “Litigation of International Employment Disputes,” International Labor and Employment Laws, among other publications.

Mr. Lowe served on the Board of Directors of the Bar Association of San Francisco (“BASF”), and as Chair of the Labor and Employment Section (2010-2012) and a member of the Judiciary and Independence of the Judiciary Committees.  He also Co-Chaired the International Bar Association Equality and Discrimination Law Committee and serves on the IBA Class Action Task Force.

Mr. Lowe also sits on the Board of Directors of the Lawyers Committee for Civil Rights in the Bay Area and chairs its Nominations and Membership Committee.  He is also a member of the Labor and Employment Section of the State Bar of California, California Employment Lawyers Association, the National Employment Lawyers Association and Bay Area Lawyers for Individual Freedom.  He has also served on the Board of Directors of the Berkeley Law Foundation (Chair, 1996-2000) and the Pride Law Fund (Secretary, 2001-2006).

Mr. Lowe regularly speaks on employment law issues for the International Bar Association, the American Bar Association, the State Bar Labor and Employment Section, the Rutter Group, the American Conference Institute, the Practicing Law Institute and others. 

Representative Clients
CTO of Fortune 500 technology company-wrongful termination
130,000 low wage workers-lead trial counsel in tip skimming class action
Entertainment industry executive-contract negotiation
Administrative assistant sexually harassed by senior executive
Technology company founder- transition negotiation after acquisition
U.S. employee in Asia- “ex pat” compensation and sexual harassment issues

Honors and Awards

California Lawyer Attorney of the Year

Best Lawyers in America "Lawyer of the Year" (Employment Law) in San Francisco

Daily Journal List of Top Employment Lawyers in California

Northern California Super Lawyer – “Top 100 Attorneys in Northern California”

Corporate LiveWire Global Award for International Labour & Employment

Martindale-Hubbell AV Rated

AVVO Rating “Superb,” 10 out of 10

Education
J.D., University of California at Berkeley (Boalt Hall) (1995)                                                                                                

B.A., Emory University (1992), Phi Beta Kappa

Articles, Publications and Presentations:

California Practice Guide “Employment Litigation” (with Justice Ming W. Chin, Justice Rebecca A. Wiseman (ret.) and Judge Consuelo Maria Callahan) (The Rutter Group 2015)

Library of California Employment Law Forms (with John T. Mullan) (ALM Media 2012)

 

Chapter Author, “Litigation of International Employment Disputes,” International Labor and Employment Laws (BNA, 3rd ed. 2009 and cumulative supplement 2010-2015)

 

Chapter Author, “International Alternative Dispute Resolution,” ADR in Employment (BNA 2015).

 

Chapter Author, “Employee Use of Social Media,” (with Richa Amar) Discipline and Discharge in Arbitration (BNA, 3rd ed. 2015).

 

“Mediation Tips and Tricks,” Bar Association of San Francisco (San Francisco, California July 2015)

 

California Employment Lawyers Association Trial College, presenter and trainer (San Francisco, California, June 2015)

 

“The Never Ending Story:  Arbitration Agreements and Employment Law,” State Bar of California Labor and Employment Section webinar (June 2013)

 

“Understanding Gender to Master Negotiations,” San Francisco Trial Lawyers Association (San Francisco, California May 2013)

 

“Mediation of Employment Disputes,” California Judges Association / The Rutter Group (Los Angeles, California, February 2013)

 

“Employment Law Roundtable,” The Recorder Roundtables (San Francisco, California September 2012)

 

“Hot Topics in Employment Class Actions,” Bar Association of San Francisco Labor and Employment Law Section of the Barrister’s Club (San Francisco, California August 2012)

 

Brinker v. Superior Court:  Impact on Meal and Rest Break Class Actions in California,” The Rutter Group seminar (San Francisco, California April 2012)

 

“The Challenges of Cross-Border Investigations,” (moderator), International Bar Association Labour, Employment and Discrimination Law Conference (New York, New York, March 2012)

 

“Litigation and Alternative Dispute Mechanisms for Resolving Cross-Border Employment Disputes,” American Bar Association national webinar (March 2012)

 

“Employment Law in California from Pugh to the Present” (moderator), Bar Association of San Francisco Labor & Employment Section Annual Conference (Yosemite, California, February 2012)

 

“New Penalties for Misclassification of Independent Contractors,” Bar Association of San Francisco seminar (San Francisco, California, January 2012)

 

“Use of Experts in Wage and Hour Litigation,” American Bar Association Labor & Employment Conference (Seattle, Washington, November 2011)

 

 “Extraterritorial Application of Human Rights Law,” (moderator), International Bar Association Annual Conference (Dubai, UAE, November 2011)

 

“Wage and Hour Class Actions:  View from the Plaintiffs’ Bar,” American Conference Institute’s Wage and Hour Litigation Conference (San Francisco, California, October 2011)

 

“Impact of Dukes and Concepcion on Class Actions and Arbitration in California,” Practicing Law Institute Employment Law Conference (San Francisco, California October 2011)

 

“Practical Implications of Employee Misclassification,” LSI Telebriefing (September 2011)

 

“ADR:  Issues and Trends,” State Bar of California Labor and Employment Section seminar (San Francisco and Los Angeles, California, February 2011)

 

“The Future of Class Action Practice in California,” (moderator), Bar Association of San Francisco Labor & Employment Section Annual Conference (Yosemite, California, February 2011)

 

“Litigating Disability Discrimination Cases,” State Bar of California Labor & Employment Section seminar (San Francisco, California, February 2011)

 

“Global Peace in Five Easy Steps,” The Recorder ADR Supplement (ALM Media October, 2010)

 

“Human Rights Crisis:  State Sanctioned Violence Against LGBT Persons,” (moderator), International Bar Association Annual Conference (Vancouver, Canada, October 2010)

 

“The Next Wave of Employment Litigation,” The Recorder (ALM Media August 10, 2010)

 

“Fundamentals of European and Canadian Employment Law,” American Bar Association Labor & Employment Section Annual Conference (Washington DC, November 2009)

 

“San Francisco Superior Court Boot Camp: Motions and Trial Practice From Start to Finish  (4th Annual),” Pincus Professional Education (San Francisco, California, October 2009)

 

“Employment Rights as Human Rights,” (moderator), International Bar Association Annual Conference (Madrid, Spain, October 2009)

 

“Direct and Cross-Examination of a Retaliation Plaintiff,” Practicing Law Institute (San Francisco, California, October 2009)

 

“Enforcing the Employment Rights of American Workers Abroad,” GP Solo Magazine (American Bar Association, September 2009)

 

“The Convergence and Harmonisation of Global Labour and Employment Laws – the Current Legal Framework,” International Bar Association Labour, Employment and Discrimination Law Conference (Berlin, Germany, April 2009)

 

“The New COBRA Requirements:  A Management, Union and Plaintiff Perspective on What has Happened and What to Do About It.,” Bar Association of San Francisco speaker program (San Francisco, California, March 2009)

 

“What U.S. Lawyers Need to Know About International Employment Law,” Bar Association of San Francisco Labor and Employment Section Annual Conference (Yosemite, California, February 2009);

 

“Gender Equality in Bar Associations,” (moderator), International Bar Association Annual Conference 2008 (Buenos Aires, Argentina, October 2008);

 

“Ensuring Ethical Conduct When Litigating and Settling Wage and Hour Claims,” American Conference Institute’s 6th Annual National Wage & Hour Claims and Class Actions Seminar (San Francisco, California, October 2008);

 

“Military Leave and the Workplace at War:  USERRA Overview and Update,” Practicing Law Institute’s 37th Annual Institute on Employment Law (San Francisco, California, September 2008);

 

“What Labor and Employment Lawyers Need to Know about International Labor and Employment Law.” American Bar Association Section of Labor & Employment Law Conference (Denver, Colorado, September 2008);

 

“Doing Business in the Pacific Rim:  One Size Does Not Fit All,” (moderator), Bar Association of San Francisco International Employment Law Symposium “Employment Law Goes Global-Focus on Asia and the Pacific Rim” (San Francisco, California, May 2008);

 

“Review of Developing International Legal Standards,” (moderator), International Bar Association Labour, Employment and Discrimination Law Conference (London, U.K., April 2008);

 

“Employment Litigation 2008,” California Judges Association/The Rutter Group Annual Employment Litigation Update (San Diego, California, January 2008)

 

Chapter Chair, “Attorneys’ Fees,” Employment Discrimination Law (Lindemann  and Grossman, eds.) (BNA 4th ed. 2007);

 

“Mediation of Cross-Border Discrimination Claims,” (moderator), International Bar Association Annual Conference (Singapore, October 2007);

 

“Military Leave and the Workplace at War:  USERRA Overview and Update,” Practicing Law Institute’s 36th Annual Institute on Employment Law (San Francisco, California, October 2007);

 

“Impact of New Federal and California Wage and Hour Requirements and Regulations,” American Conference Institute’s Wage and Hour Litigation Conference (San Francisco, California, October 2007);

 

“Recent Developments in Cross-Border Employment Litigation,” American Bar Association National Conference on Equal Employment Opportunity Law (Charleston, South Carolina, March 2007);

 

“Current Hot Topics in International Employment and Labor Law,” State Bar of California 2006 Annual Conference (Monterey, California, October 2006);

 

“Using U.S. Courts to Prosecute Social Responsibility Cases” (moderator), Bar Association of San Francisco’s International Employment Law Symposium (San Francisco, California, October 2006);

 

“Anatomy of a Wage and Hour Class Action,” Bridgeporte  Continuing Education’s Wage & Hour Litigation Conference (San Francisco, California, October 2006);

 

“Sources of Legal Protection for American Workers Overseas,” American Bar Association National Conference on Equal Employment Opportunity Law (San Diego, California, March 2006) and reported in 26 Employment Discrimination Report No, 14, p. 432 (BNA April 5, 2006);

 

“Strength in Numbers:  Group Litigation Goes Global- Challenges and Opportunities for International Development of Class Action Litigation,” Los Angeles County Bar Association International Employment Law Symposium (Los Angeles, California, April 2006)

 

“Navigating International Employment Litigation:  The Logistics of Serving Documents, Conducting Discovery and Enforcing Judgments Across Borders,” Practicing Law Institute’s 34th Annual Institute on Employment Law (San Francisco, California, November 2005)

 

“Case Closed:  the Effective Use of Technology in Closing Arguments,” Bar Association of San Francisco’s Bench/Bar Conference with the San Francisco Superior Court (San Francisco, California, November 2005)

 

“Sex, Drugs and Rock and Roll:  Employer Regulation of Workplace Romance, Health and Off-Duty Conduct,” Contra Costa Bar Association CLE Seminar (Walnut Creek, California, November, 2005)

 

“Using Class Actions to Combat Gender Discrimination:  An International Perspective,” 2005 Conference of the International Bar Association (Prague, Czech Republic, September 2005);

 

“Proving Prejudice:  Evidentiary Issues at Trial,” California Employment Lawyers Association Annual Conference (Plenary Session) (San Francisco, California, September 2005)

 

“Overtime Requirements and Exemptions:  Litigation of Overtime Claims,” Lorman Educational Services (San Francisco, California, September 2005)

 

“You Know How to Whistle, Don’t You?  Sarbanes-Oxley Whistleblower Protections and Some State Law Alternatives,” Bender’s California Labor and Employment Bulletin, Vol. 2004, No. 6, 2004;

 

“Your Legal Rights” radio program with Chuck Finney (December 2004)

 

“Effective Use of Statutory Offers to Compromise,” (with Mark S. Rudy), 2004 California Employment Law Reporter, Issue No. 3, March 2004;

 

“Age Discrimination in Employment Law:  A Comparative Analysis,” 2003 Conference of the International Bar Association (San Francisco, California, September 2003)

 

“Tools and Techniques for Winning Jury Trials:  Focus Groups, Jury Consultants, and Technology in the Courtroom,” San Mateo County Bar Association Speaker Series (Redwood City, California, April 2003)

 

“Employment Law Practice:  12th Annual Recent Developments,” Continuing Education of the Bar (San Francisco, California, March 2003);

 

“Ten Steps to Winning a Summary Judgment Motion,” Practicing Law Institute’s 31st Annual Institute on Employment Law (San Francisco, California, November 2002);

 

“Employment Law Practice:  11th Annual Recent Developments,” Continuing Education of the Bar (San Francisco, California, March 2002);

 

“Litigation of Overtime Claims in California,” Association of Defense Counsel (San Francisco, California, February 2002)

 

“Keeping the Employer Out of Court,” Lorman Education Services (San Francisco, California, December 2001)

 

“Taking Stock:  When Employers Fire Employees to Recapture Stock Options,” California Litigation:  The Journal of the Litigation Section, State Bar of California, Vol. 14, No. 2, 2001;

 

 “Wrongful Discharge Claims and Collateral Torts,” Practicing Law Institute’s 30th Annual Institute on Employment Law (San Francisco, California, November 2001);

 

“Paying the Piper:  Litigation of Unpaid Bonus and Commission Claims in California,” San Mateo County Bar Association Speaker Series (Redwood City, California, October 2001)

“HIV Study Raises Ethical Concerns for the Treatment of Pregnant Women,” Recent Development, 10 Berkeley Women’s Law Journal 176 (1995).