Goldman, David

David Goldman
Attorney

t: 510.834.6600
f: 510.834.1928
dgoldman@wendel.com

Education

University of California, San Francisco, Hastings College of the Law; J.D.

Michigan State University; B.A., Economics, with honors

Admissions

State Bar of California

  • Profile
  • PRACTICE HIGHLIGHTS
  • AFFILIATIONS
  • Recognition
  • INSIGHTS

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.

  • Employment Dispute: Obtained a favorable settlement just prior to trial in an employment age and race discrimination case for university located in San Francisco
  • Trade Secrets Dispute: Successfully represented in lawsuit by a startup software company against prominent Silicon Valley company for violating trade secrets and software license agreement
  • Shareholder Dispute: 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
  • Shareholder Dispute: 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 corporate opportunities and involuntary dissolution
  • Executive Employment Dispute: Successfully represented venture capital fund and its majority shareholder in a lawsuit through trial that 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
  • Commercial Lease Dispute: 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
  • Wrongful Termination Defense: 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
  • Commercial Dispute: 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
  • Employer Defense: 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.
  • Real Property Dispute: Successfully represented public entity through trial and multiple legal appeals to defeat claim that a developer had an option to purchase valuable real property worth in excess of $25 million.

State Bar of California

  • Labor and Employment Law Section, member
  • Litigation Section, member

Alameda County Bar Association

  • Judicial Appointment Evaluation Committee; member, 2013 – present; Chair, 2019 – present
  • Trial Practice Section; chair, 1996 and 2006; Executive Committee; member, 1993 to 1997, 2006 to present
  • Board of Directors; member, 1997 to 1998
  • 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.

Publications

It’s as Simple as “ABC” – Determining Whether Workers are Independent Contractors or Employees

It’s as Simple as “ABC” – Determining Whether Workers are Independent Contractors or Employees

05/25/2018 | Client Update

[Updated 6/8/2018] It has long been a challenge for California businesses to determine if a worker can be considered as an independent contractor or must be treated as an employee. …

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What a Day of Rest Means in California

What a Day of Rest Means in California

08/18/2017 | Today_s General Counsel

In the article “What a Day of Rest Means in California,” employment attorney, David Goldman states that if on any one day an employee works more than six hours, a…

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California Imposes New Disabled Access Obligations on Commercial Property Owners

California Imposes New Disabled Access Obligations on Commercial Property Owners

09/30/2016 | David Goldman

Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a…

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Date Category Publication Title
06/17/2016 Publication David Goldman What Relief Does New Disability Access Legislation Provide for Businesses?
05/26/2016 Publication David Goldman Businesses Must Adapt to the Tidal Wave of Wage Legislation
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09/29/2014 Publication David Goldman Why It’s Time Employers Revisit Their Cell Phone Reimbursement Policy
Date Category Host Title

Education

University of California, San Francisco, Hastings College of the Law; J.D.

Michigan State University; B.A., Economics, with honors

Admissions

State Bar of California