Mark E. Terman

Partner

Los Angeles

(310) 203-4051 phone
(310) 229-1285 fax

Mark E. Terman is a partner in the firm's Labor & Employment Practice Group.  He counsels employers in claim prevention, investigations, discipline, terminations and compliance matters.  Mark successfully represents his clients in federal and state court injunction proceedings, summary judgments, arbitrations, and court and jury trials in employment and business litigation matters.

Since 2004, Mark has been selected each year as a “Super Lawyer” for Labor and Employment law in a survey of 65,000 Southern California attorneys, conducted by Los Angeles magazine and Law & Politics magazine.

Publications and Speaking Engagements. Mark is the author of numerous articles and has been quoted on employment law and litigation issues in the American Bar Association Journal, Employment Law Strategist, House Counsel, The Corporate Counsellor, Strategic Finance, Intellectual Property Strategist, Los Angeles Business Journal, Business Week Online, Los Angeles Daily Journal and California CPA.  He is also a frequent speaker to companies, trade associations and to professional organizations on various topics including, protective policies and procedures to reduce frequency of claims, how to respond to sexual harassment claims, employee discipline and termination measures and other employment practices risk management issues, trade secrets and counter-measures to protect them, alternative dispute resolution, covenants not to compete, and non-solicitation agreements.

In General. Mark received his J.D. from Loyola Law School.  While at Loyola, he wrote for the Loyola Law Review (Loyola of Los Angeles Law Review 1982-1983, “Survey of Labor Law”).  He was also a judicial extern for Justice Clarke E. Stephens of California Court of Appeal (2nd Dist.) and wrote memoranda that underlie published opinions.  In August 1986, he attended Hastings College of Trial Advocacy For Practicing Attorneys.  He received a B.S. from the University of California, Los Angeles.

Representative Matters

  • Won a defense award at labor arbitration over Union’s wage claims brought on behalf of entire workforce against Navy subcontractor. Teamsters Local 533 v. Chugach Support Services, Inc., 2005 WL 2693582, 121 Lab. Arb. (BNA) 818.
  • Obtained preliminary injunctions against client’s former employees and their new employer due to misappropriation of trade secrets and unfair competition.  The case resolved after the injunctions were entered.
  • Won defense award at labor arbitration against claims of unjust discharge brought on behalf of a worker discharged for threats of workplace violence.  CMI and International Brotherhood of Electrical Workers, Local 611, 2006 WL 4674958, 123 Lab. Arb. (BNA) 1390.
  • Defended claims of artists who alleged that client violated the California Talent Agency Act and who sought disgorgement of all fees paid to client.  Confidential settlement reached at mediation for a fraction of the amounts sought.
  • Defended owner of joint venturer sued in California Superior Court despite arbitration clause in joint venture agreement between the entities that required arbitration in China.  Obtained reversal of Trial Court order in Court of Appeal resulting in dismissal of the CA case.Azirian v. Ma, 2006 WL 847213 (Cal.App. 2 Dist.)
  • Prosecuted unfair business practices and RICO claims against client’s former sales team who secretly set up competing manufacturing and sales network while still employed by the client.  Defended cross-claims for wrongful termination, trade libel and antitrust seeking $18 million.  This complex litigation, pending in both state and federal court, was settled on a confidential basis before trial after cross-claims were dismissed by the court.
  • Defended employer and managers sued for sexual harassment and wrongful termination.  Moved the case to early mediation, presented witness at the mediation, and persuaded Plaintiff to agree to a binding arbitration.  Without jury potential, the case settled for a nominal amount.
  • Prosecuted claims of national consulting firm for misappropriation of trade secrets and breach of fiduciary duty against an executive who resigned to start a new local office of a competitor.  The case settled on a confidential basis prior to trial.
  • Defended an age and national origin discrimination claim made before the California Department of Fair Employment and Housing that resulted in a no merit determination and dismissal of the case.
  • Defended large manufacturing company from age and national origin discrimination claims.  Obtained summary judgment on all claims.
  • Defended a pension administrator against claims for $2.5 million of investment losses resulting from alleged breach of fiduciary duty and negligence.  The investors’ claims were defeated on a summary judgment motion, and the client was awarded its attorney’s fees and costs.  The case was affirmed.  Brown v. California Pension Administrators and Consultants (1996) 45 Cal.App.4th 333.
  • Defended a suit alleging that the employer retaliated against employee for pursuing Workers Compensation claims, which resulted in a dismissal of the claim.
  • Prosecuted general partners of a real estate partnership and their management company on claims for breach of fiduciary duty and fraud on behalf of a limited partner.  Unanimous jury verdict in favor of Plaintiff for nearly six times Plaintiff’s investment.
  • Prosecuted and obtained restraining orders on unfair competition and theft of trade secret claims against technician firm that serviced client’s electronics business.
  • Defended senior management team who resigned and opened a new local division of a national contracting firm against unfair competition, misappropriation of trade secret, and fiduciary breach.  The case was dismissed after Plaintiff’s applications for temporary restraining order and preliminary injunction were denied.
  • Defended owners and their companies against fraud and breach of fiduciary duty claims of claimant seeking co-ownership and damages of $10 million.  Obtained summary judgment on all claims prior to trial.

Publications

12/18/2014
Client Alert
San Francisco’s Retail Workers Bill of Rights Has Passed: Are you ready?
10/6/2014
Client Alert
California Enacts AB 1897 Which Means Greater Liability For Employers Who Use Labor Contractors
9/11/2014
California HR Newsletter
Independent Contractors Lying in Wait… an Employment Law Perspective
6/19/2014
California HR Newsletter
Key Take-Aways from the "Impact of Mergers & Acquisitions on California Employers" Presentation
1/8/2014
California, CPA Magazine
New Year, New Labor Laws - What California Employers Need to Know
10/21/2013
California HR Newsletter
Unpaid Internships – Opportunity or Liability?
12/10/2012
California CPA Magazine
New Year, New Laws
12/1/2012
Human resources
New Year, New Laws: What Employers need to know for 2013
10/22/2012
Inside Counsel
Social Media’s Impact on the Workplace
9/10/2012
Inside Counsel
A Litigator’s Perspective on Trade Secret Protection Programs: How to Protect Your Valuable Information Against Rogue Employees
3/1/2012
California CPA
Courts on the Move, Recent Rulings Provide Limited Guidance to the Question: Who's Exempt?
12/30/2011
Cal CPA Magazine
Labor Law Update - What Employers and their Advisors Need to Know for 2012
4/1/2010
The Report to Plan Sponsor
Exempt vs. Non-Exempt: Have You Properly Classified Your Employees?

Speaking Engagements

4/29/2014
Drinker Biddle Audiocast
Impact of Mergers & Acquisitions on California Employers
3/19/2014
HR Star Conference – Los Angeles, CA
Social Media: It’s More Complicated Than You Think
3/19/2014
Southern California Chapter of the Association of Corporate Counsel
What Happens at Work Stays at Work: The California Employer’s Approach to a National Program for Restrictive Covenants and Trade Secret Protection
10/26/2012
California CPA Education Foundation’s Employment Practices Conference and Webinar San Francisco, CA
Conference Planning Committee
5/17/2012
Goldman Sachs 10,000 Small Businesses Conference - Los Angeles, Ca
Employment Handbooks: Dos and Don’ts
5/16/2012
Presentation to Association of Corporate Counsel (ACC)
Being Prepared for Litigation: Ten Things to be Ready to do When a Complaint (or Subpoena) Arrives
5/16/2012
Association of Corporate Counsel Southern California Chapter - Torrance, CA
Being Prepared for Litigation: Ten Things to Be Ready to Do When a Complaint [or Subpoena] Arrives
11/15/2011
California CPA Education Foundation’s day-long Employment Practices Conference and Webinar - Universal City, CA
Conference Chair and Legal Update
1/1/2011
Goldman Sachs 10,000 Small Businesses Conference - Long Beach City College, Ca
Business Owner Break-Out Group Facilitator
  • Won a defense award at labor arbitration over Union’s wage claims brought on behalf of entire workforce against Navy subcontractor. Teamsters Local 533 v. Chugach Support Services, Inc., 2005 WL 2693582, 121 Lab. Arb. (BNA) 818.
  • Obtained preliminary injunctions against client’s former employees and their new employer due to misappropriation of trade secrets and unfair competition.  The case resolved after the injunctions were entered.
  • Won defense award at labor arbitration against claims of unjust discharge brought on behalf of a worker discharged for threats of workplace violence.  CMI and International Brotherhood of Electrical Workers, Local 611, 2006 WL 4674958, 123 Lab. Arb. (BNA) 1390.
  • Defended claims of artists who alleged that client violated the California Talent Agency Act and who sought disgorgement of all fees paid to client.  Confidential settlement reached at mediation for a fraction of the amounts sought.
  • Defended owner of joint venturer sued in California Superior Court despite arbitration clause in joint venture agreement between the entities that required arbitration in China.  Obtained reversal of Trial Court order in Court of Appeal resulting in dismissal of the CA case.Azirian v. Ma, 2006 WL 847213 (Cal.App. 2 Dist.)
  • Prosecuted unfair business practices and RICO claims against client’s former sales team who secretly set up competing manufacturing and sales network while still employed by the client.  Defended cross-claims for wrongful termination, trade libel and antitrust seeking $18 million.  This complex litigation, pending in both state and federal court, was settled on a confidential basis before trial after cross-claims were dismissed by the court.
  • Defended employer and managers sued for sexual harassment and wrongful termination.  Moved the case to early mediation, presented witness at the mediation, and persuaded Plaintiff to agree to a binding arbitration.  Without jury potential, the case settled for a nominal amount.
  • Prosecuted claims of national consulting firm for misappropriation of trade secrets and breach of fiduciary duty against an executive who resigned to start a new local office of a competitor.  The case settled on a confidential basis prior to trial.
  • Defended an age and national origin discrimination claim made before the California Department of Fair Employment and Housing that resulted in a no merit determination and dismissal of the case.
  • Defended large manufacturing company from age and national origin discrimination claims.  Obtained summary judgment on all claims.
  • Defended a pension administrator against claims for $2.5 million of investment losses resulting from alleged breach of fiduciary duty and negligence.  The investors’ claims were defeated on a summary judgment motion, and the client was awarded its attorney’s fees and costs.  The case was affirmed.  Brown v. California Pension Administrators and Consultants (1996) 45 Cal.App.4th 333.
  • Defended a suit alleging that the employer retaliated against employee for pursuing Workers Compensation claims, which resulted in a dismissal of the claim.
  • Prosecuted general partners of a real estate partnership and their management company on claims for breach of fiduciary duty and fraud on behalf of a limited partner.  Unanimous jury verdict in favor of Plaintiff for nearly six times Plaintiff’s investment.
  • Prosecuted and obtained restraining orders on unfair competition and theft of trade secret claims against technician firm that serviced client’s electronics business.
  • Defended senior management team who resigned and opened a new local division of a national contracting firm against unfair competition, misappropriation of trade secret, and fiduciary breach.  The case was dismissed after Plaintiff’s applications for temporary restraining order and preliminary injunction were denied.
  • Defended owners and their companies against fraud and breach of fiduciary duty claims of claimant seeking co-ownership and damages of $10 million.  Obtained summary judgment on all claims prior to trial.