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Partner

Barbara A. Cotter
Managing Partner

Every dollar counts when defending a hotly contested employment dispute. Every case Barbara handles – whether a class action or an individual claim – incorporates that critical principle. Because litigation can spin out of control absent clear goals and ongoing cost benefit analysis, she crafts client-centered defense plans, suiting each client’s budget and priorities.


As a litigator, she has extensive experience defending wage and hour class action claims and representative claims – including those under the Private Attorneys General Act. She represents a broad range of businesses, including financial institutions, manufacturers, retailers, professionals, contractors, public entities, and restaurants. In addition to representative actions, she defends wrongful termination claims, harassment claims, individual wage and hour disputes (including claims for overtime, missed meal and rest breaks, and misclassification), claims under the Business and Professions Code for alleged unfair business practices, and other employment related claims such as trade secret misappropriation, defamation, emotional distress, and breach of contract.


Barb provides advice and guidance on hiring and firing, leaves of absence, wage and hour compliance, disability accommodation, contract disputes, and protection of trade secrets. She drafts and reviews personnel policies, employment manuals, contracts, and severance agreements. She provides harassment prevention training – customized to meet each client’s specific goals. She is fluent in Spanish.


Prior to joining private practice, she served as law clerk for the Honorable Milton L. Schwartz of the United States District Court for the Eastern District of California.


Barb is licensed to practice before all California state courts, the Ninth Circuit Court of Appeals, and the Northern, Eastern, and Central federal district courts of California.


Results

  • Secured dismissal of class and PAGA claims based upon collective bargaining agreement provisions

  • Represented construction employer in PAGA trial

  • Secured dismissal of emotional distress and invasion of privacy claims for waiver of costs

  • Served as lead counsel in successful defeat of a wage and hour class action filed by a trade union against a Bay Area contractor

  • Negotiated settlements of withdrawal liability and trust fund contribution claims

  • Successfully arbitrated wrongful termination claims

  • Successfully dismissed and/or compelled class claims to arbitration


Publishing


Speaking


Community

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