DAVID A. LOWE

Partner

(415) 434-9800 x5640

The Daily Journal has named Mr. Lowe as one of the “Top 25 Labor and Employment Lawyers” in California, and, in 2009, Mr. Lowe was honored as an “Attorney of the Year” by California Lawyer magazine for his “extraordinary achievement” in employment law. Law & Politics magazine has recognized him as a “Northern California Super Lawyer” in 2006, 2007, 2008 and 2009, and he has received LexisNexis Martindale-Hubbell’s highest “AV” Peer Review Rating for preeminent attorneys.

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.

He has trained in mediation with Mark Rudy and completed an intensive mediation course at the Straus Institute for Dispute Resolution at Pepperdine University School of Law (“Mediating the Litigated Case”).

Mr. Lowe is Co-Chair of the American Bar Association’s International Employment Law Subcommittee (Labor and Employment Section EEO Committee). He is also Co-Chair of the California Employment Lawyers Association Legislative Committee and Vice Chair of the International Bar Association’s Discrimination Committee.

In addition, Mr. Lowe is a member of the Executive Committee of the Labor and Employment Section of the Bar Association of San Francisco, the Labor and Employment Section of the State Bar of California, and the National Employment Lawyers Association and has served on the Board of Directors of the Berkeley Law Foundation (Chair, 1996-2000) and the Pride Law Fund (Secretary, 2001-2006). He is also a member of the Bay Area Leadership Council of the Center for Justice and Accountability and the Lawyers Council of the American Civil Liberties Union.

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 Practicing Law Institute, Continuing Education of the Bar and other organizations.

Educational History:

J.D., University of California at Berkeley (Boalt Hall) (1995)
B.A., Emory University (1992), Phi Beta Kappa

Articles, Publications and Presentations:

Chapter Author, “Litigation of International Employment Disputes,” International Labor and Employment Laws (BNA, 3rd ed. 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)

“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 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).