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Managing Partner, San Francisco Office Labor & Employment
San Francisco (415) 975-3726 Phone (415) 975-3777 Fax Houston (713) 229-5703 Phone (713) 229-5750 Fax
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Practices |
Class Action, Multidistrict Litigation Labor & Employment Litigation Wage and Hour Litigation Practice
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Mr. McAlpine's practice focuses on labor and employment litigation and arbitration in matters concerning federal and state employment and labor laws. He has represented clients in state and federal courts and before administrative agencies such as the National Labor Relations Board and the Equal Employment Opportunity Commission. A significant portion of Mr. McAlpine's practice involves collective action wage and hour claims, class action employment discrimination lawsuits and unfair business practice litigation under the California law. He also represents and counsels management in connection with disputes concerning ERISA, executive compensation, employee raiding and misappropriation of trade secrets.
Relevant Experience
Federal and state court cases alleging discrimination, retaliation and harassment, including cases with class or collective action allegations. Defended employers in nationwide collective actions alleging misclassification of store management and other wage and hour violations. Defended employers in connection with various claims for executive compensation including claims for phantom equity, founders' equity and stock options. Defended claims of whistle-blowing arising under the Corporate and Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley). Represented employers before the National Labor Relations Board in cases involving alleged discrimination because of union activity, union access to private property, wrongful termination, wrongful refusal to hire and refusal to bargain. Represented employers and benefit plans in litigation alleging breach of fiduciary duty and other claims under ERISA. Argued before the U.S. Courts of Appeals for the 5th and 6th Circuits, the Texas Court of Appeals and the Texas Supreme Court.
Background
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Partner and head of the Houston office labor and employment section, Akin Gump Strauss Hauer & Feld LLP
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Office Managing Shareholder and member of the Executive Committee, Littler Mendelson, P.C.
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Deputy Managing Partner and member of the Management Committee, Andrews Kurth LLP
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Law Clerk, the Honorable Woodrow B. Seals, U.S. District Court for the Southern District of Texas
Membership
Member, California State Bar Member, Texas State Bar; Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization
Awards and Professional Recognition
Best Lawyers in America (Labor and Employment) 1995-2008 Chambers USA: America's Leading Lawyers for Business (Labor and Employment) 2002-2007 Northern California Super Lawyer 2008
Education  - J.D., The University of Toledo College of Law, Member, University of Toledo Law Review, 1978
- B.A., Colorado College, 1975
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Fraser McAlpine
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