David GoldmanAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4658
VCARD:
vcard
Profile

With more than 35 years of civil trial experience, David handles a wide array of business litigation, employment law and competitive business practices counseling and litigation. Before joining Wendel Rosen in 1981, he served as a Deputy City Attorney for the City and County of San Francisco for four years.

Business Litigation
David represents businesses and their owners and shareholders in commercial and business disputes, including derivative shareholder actions, involuntary corporate dissolutions, breach of loyalty and fiduciary duty claims, and trade and contract disputes in both arbitration forums and civil courts.

Employment
David counsels clients in complying with federal, state and local employment laws and defends employers in wage and hour regulation disputes as well as employment lawsuits and discrimination claims, including age discrimination, sexual harassment and battery, pregnancy discrimination, racial discrimination, disability discrimination, family leave disputes and wrongful termination cases. He provides sexual harassment prevention training and other training for managers and supervisors. David prepares and updates employee handbooks for employers. He also assists clients with matters related to unfair competition, trade secrets and non-competition agreements involving businesses and employees. 

Disabled Access Litigation (ADA Compliance)
David regularly represents property owners and tenants in disputes involving equal access to business premises and services by individuals with disabilities under the Americans with Disabilities Act and the related California Unruh Civil Rights Act and Disabled Persons Act. He guides clients to find solutions to access barriers and resolve related lawsuits.

Experience

  • Successfully represented in lawsuit by a startup software company against prominent Silicon Valley company for violating trade secrets and software license agreement.

  • Successfully represented organics company against lawsuit by dissident shareholder and director of breaches of fiduciary duties, failure to allow inspection of corporate records, misappropriation of corporate opportunities, involuntary dissolution and wrongful termination of employment claims

  • Successfully represented wholesaler distributor and reseller of cellular phone services in a lawsuit against claims by dissident shareholder and director of breaches of fiduciary duties, misappropriation of corporates opportunities and involuntary dissolution.

  • Successfully represented venture capital fund and its majority shareholder in a lawsuit through trial which was filed by its former CEO and a minority shareholder alleging violation of his employment contract, unpaid severance and wages, and breach of an agreement to repurchase CEO’s shares in the venture fund

  • Successfully obtained a jury verdict at trial while representing a commercial tenant against the landlord and adjoining tenant for breach of the commercial lease and fraud relating to exclusive parking areas on the property

  • Successfully represented physician and surgery center against claims by former nurse for alleged wrongful termination, breaches of public policy rights, unpaid wages, penalties and interest.

  • Successfully represented an independent manufacturer of medical equipment in lawsuit against wholesaler/dealer who filed to fulfill contract order or pay for equipment manufactured and delivered by successfully obtaining a prejudgment writ of attachment in excess of $1 million that effectively forced the wholesaler/dealer to immediately settle the lawsuit and paid the full amount owed

  • Successfully represented a medical staffing company and a surgeon in a lawsuit brought by the surgery scheduler after she was terminated from employment while she was on a disability leave of absence as a result of a reduction of workforce business decision.

Publications

Available Articles:

Affiliations

State Bar of California
  • Labor and Employment Law Section, member
  • Litigation Section, member

Alameda County Bar Association
  • Trial Practice Section; chair, 1996 and 2006; Executive Committee; member, 1993 to 1997, 2006 to present
  • Board of Directors; member, 1997 to 1998
Presentations

Featured Presentations:

  • “2009 Employment Law Update: Issues in a Depressed Economy,” co-presenter, Central Valley Human Resource Management Association, January 2009
  • "California Wage and Hour Regulations," presenter, American Payroll Association, East Bay Chapter, June 2008
  • Lecturer, employment law issues for various organizations, including the National Staff Leasing Association, a regional chain of fitness centers, Northern California Human Resources Association and Arthur Andersen & Co.
  • Lecturer, "Disabled Access in Public Accommodations," Oakland Chinese Chamber of Commerce, July 2004

 

Recognitions

  • AV® Preeminent™ rated by Martindale-Hubbell*

 

 

*AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.