Partner

Kate S. Gold is a partner in the firm's Labor & Employment and Commercial Litigation Practice Groups.  For nearly 20 years, Kate has represented clients in the entertainment, retail and other prominent Southern Californian industries in employment and business disputes in state and federal courts, arbitrations, and before agencies.  

Kate's practice includes defense of individual and collective actions and is focused on employment litigation and counseling, such as wrongful termination, retaliation, sexual harassment, race, age, work-related injury, family leave and disability discrimination cases; defense of actions for misappropriation of intellectual property and trade secrets; interference with contract; unfair competition; counseling on compliance with federal and state employment laws, including pregnancy and disability leave, wage and hour, classification of employees, employment issues in the context of purchase and sale of businesses, non-competition agreements, and sexual harassment training; negotiation and drafting of employment and separation agreements; and preparation of employee handbooks. 

Representative Experience and Accomplishments:   

• Lead counsel for television network and production company in state court action by former talent who alleged pregnancy and gender discrimination and misappropriation of likeness.
• Lead counsel in federal court action on behalf of radio broadcasting company in lawsuit brought by competitor for tortious interference with contract, misappropriation of commercial identity, and unfair competition in connection with client’s hire of popular on-air talent.
• Lead counsel in federal court action on behalf of federally-funded non-profit aerospace research and development corporation in action by engineer, alleging race discrimination.
• Lead counsel in arbitration on behalf of nation’s largest publicly traded Hispanic-controlled media and entertainment company to enforce exclusivity provisions of employment agreement for morning drive-time star disc jockey.
• Lead counsel in arbitration on behalf of production company that owns and produces longest-running, nationally broadcast television game show: obtained arbitration award in an action brought by former employee for retaliatory failure to hire and age and gender discrimination; argued successful motion for summary adjudication of issues and prevailed at arbitration; and argued before California Court of Appeal, which affirmed arbitration award in full.
• Lead counsel in defense of international retailer of skin care products in state court action by former employee who alleged disability discrimination, violation of state and federal family and medical leave laws, and violation of California Business and Professions Code Section 17200. Negotiated favorable settlement following plaintiff’s deposition.
• Lead counsel in defense of production company in state court action by current and former employee/model who alleged sexual and racial harassment and discriminatory contestant selection process. Negotiated favorable settlement following plaintiff's deposition.
• Lead counsel in defense of national retailer in EEOC mediation in which former employee alleged race discrimination.
• Defended international apparel and housewares retailer in OSHA whistleblower action.  Negotiated favorable settlement on the eve of trial.
• Defended national trucking company in putative class action that alleged unlawful business practices under California Business & Professions Code section 17200 concerning alleged violation of Workers' Compensation act for deduction of funds from compensation of independent contractors to obtain workers' compensation insurance. Obtained favorable settlement following aggressive initial factual investigation.
• Defeated temporary restraining order and preliminary injunction for broadcasting company and celebrity disc jockey in lawsuit by competitor for breach of employment contract and tortious interference with contract, which led to settlement with no payment by the client.  
• On behalf of global financial services firm, successfully defeated applications for temporary restraining orders in several superior court actions that alleged violation of trade secrets and employee raiding that resulted from alleged solicitation of competitors' brokers.
• Defended international retailer in Consumer Legal Remedies Act putative class action based on alleged violation of California’s gift card redemption statute.

• Defended retailer in putative class action for alleged violation of Fair and Accurate Credit Transactions Act (FACTA) in which plaintiff sought hundreds of millions of dollars in damages.
• On behalf of Los Angeles historic luxury hotel, prosecuted action against energy consultants for professional negligence and fraud based on faulty recommendations for changes in electrical rates and natural gas service contracts. Obtained favorable settlement.

• On behalf of one of world’s largest music publishers, prosecuted copyright infringement and breach of contract action case involving the music publishing rights of the pre‑1982 MGM film library. Negotiated favorable settlement.
• Second chaired five-week Santa Barbara Superior Court bench trial on behalf of real estate developer and major grocery store chain to enforce purchase and sale agreement to acquire multimillion dollar Santa Barbara property and to develop high end supermarket. Client-prevailed after a five week trial and on appeal.
• Defended nationwide distributor of office equipment and business supplies in California class action litigation alleging multi-million dollar damages for fraud, breach of contract and unfair business practices in violation of Business and Professions Code 17200 in connection with the sale and distribution of state of the art color photocopiers. Obtained favorable settlement prior to class certification. 

Publications and Presentations:

• California Courts Take A Stand: Retailers Now Open to Suitable Seating Class Actions - January 2011 (Client Alert).
• Speaker, Creating an Effective Employee Handbook, Employer Resource Institute 2010 California Employment Law Update, San Francisco, Calif., November 10, 2010.
• "Work Hard, Pray Hard: The Retail Employer’s Duty to Accommodate an Employee’s Weekend Religious Practices," Chain Store Age, June 25, 2010.
• Quoted in "Do You Want To Know a Secret?", American Lawyer, April 15, 2010.
• "Best Practices for Employee Internet Use," The Daily Journal, January 27, 2010.
• Starbucks v. Superior Court (Lords) - Lawsuit Grinds to a Halt but Court Clarifies California Job Applications Should Not Seek Information on Marijuana Convictions – December 2008 (Client Alert).
• "ADA Amendments and California Protections for the Disabled," Employment Law 360 Guest Column, October 24, 2008.
• Navigating a Bermuda Triangle of Employment Law Issues – Presentation to Association of Corporate Counsel (ACC) – May 2008.
• San Francisco’s Mandatory Paid Sick Leave Ordinance – December 2007 (Client Alert).
• Employment Law Update: “Blogs & Employee Electronic Rights, Wage and Hour, Employee Releases -- A Roundtable Discussion," GC California – July/August 2008.
• “Avoiding Family Responsibilities Discrimination Lawsuits,” Los Angeles Daily Journal, Focus and Forum Employment Column, June 1, 2007.
•  California Sexual Harassment Training Regulations Finalized – July 2007 (Client Alert).
• “Market Rate – Prevailing Party Insurer Is Entitled to Recover Fees of In-House Counsel,” Los Angeles Daily Journal, June 30, 2000.
• “Cost Conscious,” Los Angeles Daily Journal Verdicts & Settlements Supplement, October 1, 1999.

In General.  Kate earned her J.D. at the University of California, Berkeley Law, where she was an associate editor of the California Law Review.  At the University of California, Berkeley, she also received her B.A., Phi Beta Kappa, in history with a minor in French.