Tyler M. Paetkau: Lawyer with Hartnett, Smith & Paetkau

Tyler M. Paetkau

Phone650-260-1066

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Labor and Employment
  • Wrongful Termination
  • Discrimination Retaliation
  • Sexual Harassment
  • Defamation
  • Unpaid Commissions
  • International Labor and Employment
  • Wage and Hour Violations
  • Unfair Competition
  • Misappropriation of Trade Secrets
  • Restrictive Covenants
  • Trade Secrets
  • Defense of Collective and Class Actions
  • Ethics and Corporate Compliance Issues
 
Contact InfoTelephone: 650-260-1066
Fax: 650-568-2823
http://www.hartnettsmith.com
 
University University of Michigan, B.A., with honors/high distinction
 
Law SchoolUniversity of Michigan Law School, J.D., cum laude, 1989
 
Admitted1990, California; U.S. District Court, Northern, Eastern, Central and Southern Districts of California; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme Court
 
Biography

Tyler Paetkau has represented employers in labor and employment law matters for over 20 years. In the area of litigation, Mr. Paetkau represents employers in state and federal court cases involving a myriad of workplace matters. His experience includes defending claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, unpaid commissions and wage and hour violations, unfair competition, and misappropriation of trade secrets. He also provides extensive day-to-day employment counseling on personnel policies and procedures, employee handbooks, workplace investigations, employee discipline and termination matters, corporate restructuring, immigration, employment contracts, protection of trade secrets, employee leasing, the use of temporary employees, and employment benefits issues. Mr. Paetkau has particular experience in representing employers with respect to restrictive covenants and trade secrets, the defense of collective and class actions, ethics and corporate compliance issues, and international labor and employment law. Publications Mr. Paetkau is a frequent author of articles on labor and employment law topics. Mr. Paetkau recently authored a book, Hiring and Firing (Entrepreneur Press 2007). He is a contributing editor of several employment law publications, including Bender's California Labor & Employment Bulletin (LexisNexis Matthew Bender) and the California Labor and Employment Law review (official publication of the State Bar of California Labor and Employment Law Section) and co-editor of the ABA Labor and Employment Law Section of the international Labor Law Committee e-newsletter. Recent articles include Author, "When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates? A Modest Proposal for Reform," lawmemo.com, URL to the article http://www.lawmemo.com/articles/foreignlaw.htm, March 2009. Co-author, Switzerland Chapter, International Labor & Employment Laws, Third Edition, Vol. IIA (ABA BNA 2008). "When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Job's Essential Functions? A Cautionary Tale," California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), March 2009. Co-author, "Shield and Sword. Recovery of Attorney's Fees in Trade Secret Misappropriation Litigation," Benders California Labor & Employment Bulletin 352, September 2008. Co-author, "California's Statutory Exceptions To Restraints On Trade. Open Competition and Employee Mobility Give Way To Buyers and Sellers Of Businesses," Benders California Labor & Employment Bulletin 17, January 2008. Co-author, "California Supreme Court Endorses Lump Sum Increased Compensation Method of Reimbursement, Compliance Suggestions," California Wage & Hour Advisor 1, January 2008. Co-author, "Update on Validity of Electronic Communications and Employee Electronic Signatures. Not A Disfavored Method of Obtaining Employee Consent (Yet)," LexisNexis Expert Commentaries Column in research Solutions, p. 1, December 2007. "The Promises and Pitfalls of Workplace Communications," Part 2, Continuing Education of the Bar, California, Vol. 22, No. 1, p. 19, Winter 2007. "The Promises and Pitfalls of Workplace Communications," Part 1, Continuing Education of the Bar, California, Vol. 21, No. 4, p. 101, Fall 2006. Co-author, "Conducting Self-Audits Creating a Roadmap for Plaintiffs' Attorneys. A Delicate Balancing Act," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter, Spring 2006. Honors & Awards Has achieved the highest rating for legal ability in Martindale-Hubbell and professional conduct Northern California "Superlawyer" in labor and employment law. Activities Mr. Paetkau is past chair and advisor of the Executive Committee of the State Bar of California Labor and Employment Law Section. He also is a member of the Labor and Employment Law Section of the American Bar Association, Bar Association of San Francisco, and Santa Clara County Bar Association, and was a member of the State Bar of California Special Advisory Committee in Jury Instructions for Employment Law Cases. PUBLICATIONS "Quit-and-Sue Plaintiffs Face Tougher Road in Wake of California Supreme Court's Decision in Turner v. Anheuser-Busch," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 1995. "Defining the Nebulous 'Continuing Violations' Theory in Untimely Sexual Harassment Cases," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 1996. "Sex Talk or Sexual History and Conduct: Admission of Evidence of the Sexual Harassment Plaintiff's Own Contributions to Her Alleged 'Hostile and Abusive' Work Environment," California Employment Law Reporter (LexisNexis Matthew Bender), April 1996. "Don't Tell if They Ask: 'Responding' to Employment Reference Inquiries After Randi W," California Employment Law Reporter (LexisNexis Matthew Bender), March 1997. "When Is a Successor Employer's Intention to Retain Its Predecessor's Unionized Workforce 'Perfectly Clear'?," California Labor & Employment Law Quarterly (State Bar of California Law and Employment Law Section), Spring 1997. "The Demise of the McDonnell Douglas Burden-Shifting Jury Instructions in California," California Employment Law Reporter (LexisNexis Matthew Bender), August 1997. "California Should Adopt 'Primary Duty' test Instead of 'Counting Time' test for 'White Collar' Overtime Exemption," California Employment Law Reporter (LexisNexis Matthew Bender), February 1998. "An Early, Reasonable Settlement Offer May Help Prevent the Attorney's Fees 'Tail' From Wagging the Employment Litigation 'Dog,'" California Employment Law Reporter (LexisNexis Matthew Bender), December 1998. Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 1999. Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Fall 1999. "Defining the 'Adverse Employment Action' Element of a Prima Facie Case of Retaliation," California Employment Law Reporter (LexisNexis Matthew Bender), March 2000. Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 2000. Co-Author, "2000 Legislative and Administrative Labor and Employment Law Updates," Sacramento, California Area Human Resource Association Newsletter, May 2000. "Protecting Trade Secrets in an Increasingly Mobile Work Force," Employers Group Newsletter, May/June 2000. "Protect Trade Secrets with Utmost Diligence," Silicon Valley/San Jose Business Journal, July 10, 2000. "The 'Continuing Violation' Doctrine Revisited New Limits on a Knowing Plaintiff's Ability to Raise Ancient Claims Under the FEHA," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000. Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000. Co-Author, "Truth or Consequences. Falsity of Employer's Nondiscriminatory Explanation May Be Sufficient to Infer Unlawful Discrimination," California Employment Law Reporter (LexisNexis Matthew Bender), August 2000. "Time Off in California State and Federal Laws on Employee Leave, Vacations and Holidays," Employment Law Memo (LawMemo.com) and Lorman Education Services, May 23, 2001. "Mt. Clemens Pottery's Representative Testimony Rule Is Limited in Wage-Hour Class Actions to Hours Worked," California Employment Law Reporter (LexisNexis Matthew Bender), August 2001. "Emerging Employment Law Considerations as a Result of the September 11th Terrorist Attacks," California Employment Law Reporter (LexisNexis Matthew Bender), December 2001. "Speaker Beware: A Primer on Defamation in the Workplace," Employers Group Newsletter, January/February 2002. "Sav-On Will Stern the Tide of Wage-Hour Class Actions," California Employment Law Reporter (LexisNexis Matthew Bender), July 2002. "Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," Employment Law Memo (LawMemo.com), August 2002. "Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), November 2002. "California Court Rejects 'Inevitable Disclosure Doctrine,' But Acknowledges Availability of Injunctive Relief for the Almost Indistinguishable 'Threatened' Disclosure of Trade Secrets," California Employment Law Reporter (LexisNexis Matthew Bender), January 2003, republished at Findlaw Links, April 2003 (http://library.findlaw.com/2003/Mar/18/132641.htm). Co-Author, "A California Court of Appeal Holds that 'Whistleblowers' Must First Exhaust Their Employers' Internal Complaint-Resolution Procedures Before Filing Suit," California Employment law Reporter (LexisNexis Matthew Bender), June 2003. "Top 10 Nettlesome Employment Law Issues: Address Them Now to Limit Your Company's Exposure and Curb Litigation Expenses," San Francisco Bay Area Chapter of the American Corporate Counsel Association, Focus Newsletter, Third Quarter 2003. Co-Author, "Intel Revisited Decision is Not So Dire," The National Law Journal, August 11, 2003. "It's Getting Hot in Here Significant Labor and Employment Law Development in 2003," California Employment Law Magazine (The Recorder), Winter 2003. Co-Author, "California Deals with ID Theft: The Promise and The Problems," Business Law Today (American Bar Association), May/June 2004. Co-Author, "NLRB Development," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), August 2004. "User Beware Legality and Risks of Non-Solicitation of Customers Provision in Employment Contracts Under California Law," California Labor & Employment Bulletin (LexisNexis Matthew Bender), September 2004. "Enforceability of Non-Compete and Choice-of-Law Provisions in the Modern Employment Contract," Bender's California Labor & Employment Bulletin (LexisNexis Matthew Bender), January 2005. Co-Author, "Thought Internal Complaint Resolution Policies Are Now More Important Than Ever," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter, Spring 2005. "California's Reasonable Particularly' Requirement in Trade Secret Litigation," Bender's California Labor & Employment Bulletin (LexisNexis Matthew Bender), July/August 2005. Co-Author, "Employment Law Class Actions - The Latest Development and Trends," State Bar of California Labor and Employment Law Review (State Bar of California Labor and Employment Law Section), July 2005. Co-Author, "Conducting Self-Audits Without Creating a Roadmap for Plaintiffs' Attorneys A Delicate Balance Act," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter, Spring 2006. "Religious Discrimination and Reasonable Accommodation Issues in the Workplace," Practising Law Institute/Corpedia Compliance and ethics Officer Bulletin, March 2006. Co-Author, "Employee Electronic Signatures: Can Employment Law Keep Up With Technology, and Will Employers Keep Up With the Law?," California Labor and Employment Bulletin 261 (LexisNexis Matthew Bender), July 2006. Co-Author, "Employment Arbitration Agreements Containing Restrictive Covenants and Choice of Law Provisions Enforceability under California Law," California Labor and Employment Bulletin 435 (LexisNexis Matthew Bender), December 2006. "The Promises and Pitfalls of Workplace Communications," Part 1, Continuing Education of the Bar, California, Vol. 21, No. 1, p. 19, Winter 2007. "The Promises and Pitfalls of Workplace Communications," Part 2, Continuing Education of the Bar, California, Vol. 22, No. 4, p. 19, Winter 2007. "Labels Versus Reality: When Is a Partner Really An Employee," California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), May 2007. "California Court Refuses to Enforce Broad No-Hire Contract Provision, But Recognizes Potential Enforceability of More Narrowly Drawn No-Hire Provisions," California Labor & Employment Bulletin 217 (LexisNexis Matthew Bender), August 2007. Co-author, "Update on Validity of Electronic Communications and Employee Electronic Signatures Not A Disfavored Method Of Obtaining Employee Consent (Yet)," LexisNexis Expert Commentaries Column in Research Solutions, p. 1, December 2007. Co-author, "California's Statutory Exceptions To Restraints On Trade: Open Competition And Employee Mobility Give Way To Buyers and Sellers Of Businesses," Bender's California Labor & Employment Bulletin 117, January 2008. "California Supreme Court Endorses Lump Sum, Increased Compensation Method of Reimbursement; Compliance Suggestions," California Wage & Hour Advisor 1, January 2008. Co-author, "Shield and Sword Recovery of Attorneys' Fees in Trade Secret Misappropriation Litigation," Bender's California Labor & Employment Bulletin 352, September 2008. Co-author, Switzerland Chapter, International Labor & Employment Laws, Third Edition, Vol. IIA (ABA BNA 2008). Contributing editor, American Bar Association/BNA treatises, including Developing Labor Law, Summary of Cases Under the Equal Pay Act, Family and Medical Leave Act, and International Labor and Employment Laws. "When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Jobs Essential Functions? A Cautionary Tale," California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), March 2009. "When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates? A Modest Proposal for Reform," LawMemo.com, URL to the article (http://www.lawmemo.com/articles/foreignlaw.htm), March 2009. Hiring and Firing (Entrepreneur Press 2007). Selected list of presentations and seminars Labor Law and Power Plant, Pacific Coast Operators Group, San Francisco, February 6, 1996. "Purchasing Power General Facilities in California Union Successorship Issues," Woodward-Cycle Consultants, San Francisco, August 9, 1996. "The San Francisco, California Domestic Partners Benefits Ordinance Issues and Answers," The Employers Group Human Resources Roundtable, San Francisco, April 24, 1997. Panelist, Regulatory Issues, The Employers Group and San Francisco, Business Times, First Annual Legal & Business Summit, San Francisco, June 18, 1997. Sponsor, "AB 60 - The Eight-Hour Day Resolution and Workplace Flexibility Act of 1999," The Employers Group, San Francisco, October 21, 1999. "How to Recognize and Protect Trade Secrets," Practising Law Institute (PLI), San Francisco, March 2000. "Employment Law Update: Current Hiring and Firing Issues," State Bar of California Section Education Institute and Business Law Spring Program, Monterey, California, June 2-4, 2000. "Managing Within the Law, Employment Law Training for Managers," presentation to various clients, San Francisco and Silicon Valley, California, 2000—. "Convincing Management to Take the Human Resources Department Seriously," The Employers Group Human Resources Roundtable, San Francisco, July 27, 2000. "Hiring Techniques to Minimize Potential Liability," Northern California Human Resources Association, San Francisco, September 2000. "Wage-Hour Overtime Classifications," Half-Day Workshop for Client, Santa Clara, California, October 8, 2000. "Overtime Exemptions Under California Law," Half-Day Seminar, presentation to client's management team, Silicon Valley, California, January 31, 2001. "Employment Law 101 - Employment Law Training for Managers and Supervisors," presentation to client's management team, San Francisco, May 8 and 15, 2001. "Time Off in California: State and Federal Laws on Employee Leave, Vacations and Holidays," Lorman Educational Services, Sacramento, California, May 23, 2001. "Employment Law 101 - Employment Law Training for Managers and Supervisors," presentation to client, Fresno, California, August 27, 2001. "Protecting Employer's Assets Including Trade Secrets in California," Lorman Educational Services, San Francisco, September 12, 2001. "Employee Classification Issues in M&A Transactions Waddya Mean, They're Not Exempt?," McCutchen, Doyle, Brown & Enersen LLP, Silicon Valley Office, October 8, 2001. "Overview of New California Labor and Employment for 2001," Annual Meeting of the Labor and Employment Law Section, State Bar of California, Carlsbad, California, October 19, 2001. "Employment Law Boot Camp for Managers and Supervisors," presentation to clients, Tracy, California, October 24, 2001. "Labor and Employment Law Update," State Bar of California Annual Meeting, Monterey, October 2001. "Protecting Employers' Assets Including Trade Secrets in California," Hastings School of Law, San Francisco, November 8, 2001. "Making 'Reasonable Accommodations' and Engaging in the 'Interactive Process' - What are California Employers' Obligations to Disabled Workers?," McCutchen, Doyle, Brown & Enersen LLP, Silicon Valley Office, December 5, 2001. Co-Presenter, Seminar regarding disability discrimination, reasonable accommodation and the mandatory interactive process under the ADA and the California FEHA, San Francisco, December 2001. "Labor and Employment Law Issues and Trends," presentation to client, Redwood Shores, California, January 20, 2002. "Year-End Review of Significant Developments in Labor, Employment & Benefits Law," Attorney Training, February 13, 2002. Co-Presenter, "Managing a Workplace In 2002 and Reasonable Accommodation," M. Lee Smith Publishers, LLC, Palo Alto, California, February 5, 2002, Sacramento, California, February 6, 2002, Los Angeles, California, February 14, 2002. "What's New in 2002?," McCutchen, Doyle, Brown & Enersen LLP, Silicon Valley Office, February 25, 2002. "What's New in 2002? Employment law Update," presentation to San Francisco Chapter of the American Corporate Counsel Association, Palo Alto, California, March 13, 2002, San Francisco, March 20, 2002. "Untangling the FMLA, ADA and Workers' Compensation Leaves: Current Issues and Trends, Recent and Pending Cases," Council on Educational in Management, San Jose, California, March 26, 2002. Co-Presenter, Everything You Need To Know About Leaves Of Absence In California, Santa Clara County Bar Association, Labor and Employment Law Section, Palo Alto, California, May 9, 2002. Co-Presenter, "Recognizing and Preventing Sexual Harassment in the Workplace," presentation to client, Sunnyvale, California, May 16, 2002. Co-Sponsor (with Employers Group, Xoriant Corporation and Pivot Interiors), "Emerging Employment Law Issues in the Silicon Valley," Silicon Valley Office, May 23, 2002. "Time Off in California State and Federal Laws on Employee Leave, Vacations and Holidays," Lorman Education Services, Sacramento, California, June 19, 2002. Emerging Trade Secrets and Privacy Issues in Employment Law, presentation to client's legal department, Santa Clara, California, July 24, 2002. Co-Presenter, Sarbanes-Oxley Act of 2002 Employment Law Considerations, Confidentiality, presentation to client's Legal Department, San Jose, California, August 20, 2002. Co-Presenter, Current Trade Secrets Developments for California Businesses, Bingham McCutchen LLP, Silicon Valley Office, October 10, 2002. Wrongful Termination and Discrimination Update, State Bar of California 2002 Annual Meeting, Monterey, California, October 11, 2002. Co-Presenter, "Weekend Update: Overview of New California Labor and Employment Law for 2002," State Bar of California Annual Meeting of the Labor and Employment Law Section, San Jose, California, November 15-16, 2002. Santa Clara County Bar Association's Labor and Employment Law Update Review of 2002 and Preview of 2003, Santa Clara, California, November 20, 2002. Overview of New California Labor and Employment Law for 2002, State Bar of California Section Education Institute, Berkeley, California, January 17-19, 2003. Co-Presenter, 2002 in Review: Labor and Employment Law Update, State Bar of California, Labor and Employment Law Section Education Institute, Berkeley, California, January 17, 2003. Sponsor, Managing Your California Workforce in 2003, M. Lee Smith Publishers, San Jose, California, January 20, 2003. Sponsor, Employment Law from A-Z, San Francisco, California, March 5, 2006, Palo Alto, California, March 6, 2003. Co-Presenter, "Anatomy of a Trade Secrets Litigation Case - and the Effect of Two Recent Court Decisions Advanced Bionics Corp. v. Medtronic and Schlage Lock Co. v. Whyte," Santa Clara County Bar Association, Continuing Legal Education, Santa Clara, California, April 8, 2003. Sexual Harassment Prevention, presentation to client, Mountain View, California, April 29, 2003. "Time Off in California State and Federal Laws on Employee Leave, Vacations and Holidays - Time Off Issues Under the California 'Eight Hour Day Restoration and Workplace Flexibility Act of 1999' and Using Telecommuting as an alternative to Time Off," Lorman Education Services, Sacramento, California, June 18, 2003. Recent Trends and Development in Employment Discrimination and Wrongful Termination, 76th Annual Meeting of the State Bar of California, Labor & Employment Law Section, State Bar of California, Anaheim, California, September 4, 2003. "Overview of New California Labor an Employment Law in 2003 (Still The Weakened Update)," Labor and Employment Law Section, State Bar of California, San Diego, California, October 10, 2003. Advocacy Skills Workshop, Stanford Law School, Palo Alto, California, January 2004. Overview of New California Labor and Employment Law for 2003, State Bar Section Education Institute, Santa Monica, California, January 25, 2004. HIPAA Privacy Compliance Guide for Employers, Employers Group, San Francisco, February 17, 2004. "What's in Store for 2004, Employment Law Update," Bingham McCutchen LLP, Silicon Valley Office, February 18, 2004. "How to Reduce HR Legal Expenses," Tri-Valley Human Resources Group, March 2004. Co-Presenter, How to Reduce HR Legal Expenses, Alternatives to Dispute Resolution, Tri-Valley Human Resources Association, Pleasanton, California, March 16, 2004. "Hiring and Firing the CEO, The Board's Most Important Role," National Association of Corporate Directors, Palo Alto, California, March 2004. "Zen and the Art of Mediation (Or, How to Resolve Conflicts and Keep Your Friends)," Bay Ridge Group, March 2004. "Anatomy of a Trade Secrets Litigation Case (and the Effect of Two Recent court Decisions. Advanced Bionics Corp. v. Medtronic and Schlage Lock Co. v. Whyte)," Santa Clara County Bar Association High Tech Committee, Santa Clara, California, April 8, 2004. Co-presenter, "Don't Let Your Intellectual Property Walk Out the Door!," presentation to San Francisco Bay Area Chapter of the American Corporate Counsel Association, San Francisco, April 22, 2003, Palo Alto, California, April 23, 2004. Co-presenter, "Sanctions, SPAM and Scientology, Everyday Electronic Communication Risks," Bingham McCutchen LLP, Silicon Valley Office, May 4, 2004. "Privacy Issues Affecting the Workplace," Lorman Educational Services, Sacramento, California, May 2004. "Labor & Employment Law for the General Practitioner," State Bar of California in association with the San Luis Obispo County Bar Association, August 2004. "Recent Developments in California Trade Secret Law," Bingham McCutchen LLP, Silicon Valley Office, September 9, 2004. Cross-Border Labor and Employment Law, Including Immigration Issues, Monterey 7th Annual Meeting, State Bar of California, October 7, 2004. "California Deals with ID Theft, The Promise and The Problems," Practising Law Institute webinar, San Francisco, California, November 3, 2004. "Class Actions - Everything You Always Wanted to Know but Were Afraid to Ask," Labor and Employment Law Section Annual Conference, State Bar of California, Anaheim, California, November 5, 2004. "California's New Sexual Harassment Training Law: How Will Your Comply with AB 1825?," Practising Law Institute webinar, April 2005. "Employment Law Class Actions: The Latest Development And Trends," Labor and Employment Law Section of the Santa Clara County Bar Association, Santa Clara, California, March 24, 2005. "Hot Labor and Employment Law Issues Affecting the Hospitality Industry," presented to Golden Gate Restaurant Association, San Francisco, California, June 21, 2005. "Mandatory Sexual Harassment Prevention Training For All California Supervisors," presented to client, San Francisco, California, July 2005. "Sexual Harassment without Sexual Advances: A New California Standard," Practising Law Institute, national telephone briefing, August 2005. "Symposium on Forum for Academic & Institutional Rights v. Rumsfeld, involving constitutional challenge to Solomon Amendment," University of California at Hastings Law School, San Francisco, California, September 2005. "The New California Sexual Harassment Law AB 1825 - Requirements, Penalties and Strategies for Compliance," Practising Law Institute, national telephone briefing, October 2005. "Annual Update: New Labor & Employment Laws for 2005," State Bar of California Labor & Employment Section Annual Meeting, Anaheim, California, October 2005. Labor & Employment Law Update, Moderator, State Bar of California 8th Annual Meeting, Anaheim, California, October 2005. "Overview of California Labor & Employment Law," presented to ASIS (American Society for Industrial Security), Sacramento, California, November 2005. "Labor & Employment Law for the General Practitioner," State Bar of California Labor and Employment Law Section, in association with the Butte County and Fresno County Bar Associations, Butte County, November 2005. "New Legislation/Legal Update," Business and Industry Conference 2006 (California CPA Education Foundation), Long Beach and San Francisco, California, February 22-23, 2006. "Protecting Employer Assets Non-Competes and Trade Secrets," Winston & Strawn E-Lunch Webcast, March 2006. "Prevent your IP from Walking Out the Door: Recent Trade Secrets Developments," Winston & Strawn 2006 Tech Seminar, March 2006. "Common Discovery Issues in Employment Litigation," Labor and Employment Law Section of Santa Clara County Bar Association, Santa Clara, California, March 23, 2006. "The Effect of Employment Arbitration Clauses on Wage & Hour Claims Brought on a Class or Collective Basis," The 3rd National Forum on Wage & Hour Claims & Class Actions, San Francisco, October 25, 2006. "Restrictive Covenants, Non-Competes and Trade Secrets The In-House Technology Industry Perspective," Labor and Employment Law Section of the State Bar of California - 24th Annual Meeting, San Jose, California October 27, 2006. "Drafting Employment - Related Agreements," Practising Law Institute, San Francisco, October 30, 2006. "Ending Employment Relationships Outside the U.S.," An International Employment Law Conference, Labor and Employment Law Section of the Bar Association of San Francisco, with The San Francisco Chamber of Commerce, The World Affairs Counsel, and the California Minority Counsel Program, San Francisco, October 13, 2006. "Current Hot Issues in International Employment and Labor Law," 79th Annual State Bar of California Annual Meeting, Monterey, October 2006. "Trade secrets and restrictive covenants," The Seminar Group - Labor and Employment Law Conference, San Francisco, December 5, 2007. "FLSA Litigation and Class Action Trends in the Telecommunications Industry," Telecommunications Labor and Employment Lawyers Conference, Tampa, Florida, January 19, 2007. "Wage and Hour Litigation and Investigations 2007 What Are the Hot Issues?," Practising Law Institute (PLI), February 2007. "Determination and implication exemptions after the 2004 FLSA amendments," American Conference Institute - Wage and Hour Compliance Conference, Las Vegas, March 26-27, 2007. "Winning the Battle Before It Begins Best Policies and Practices to Avoid Unfair Competition Litigation," Littler Mendelson PC client breakfast briefing, San Francisco, June 2007. "Substance Abuse in the Legal Workplace and Beyond," State Bar of California's 25th Annual Meeting of Labor and Employment Law Section, October 19, 2007. "Drafting Employment-Related Agreements," Practising Law Institutes 36th Annual Institute on Employment Law, October 25, 2007. "Top 10 Mistakes Employers Make in a Down Economy," Practising Law Institute, San Francisco, December 4, 2008. "FMLA Intermittent Leave," NCHRA (Northern California HR Association), September 16, 2008. "Hiring and Firing Law Basics For Nonprofits Workshop," San Francisco, February 24, 2008. "Now Another Kind of 'Union' Question How Do Employers Handle Same-Sex Marriages? (Employment Law Issues)," Bar Association of San Francisco Annual Conference, Yosemite, California, January 2009. "Out With the Old, In With the New Lawsuits: Current Developments in Age Discrimination Law," Santa Clara County Bar Association Labor and Employment Law Section, March 24, 2009. "International Labor and Employment Law - Current Developments," HR West, NCHRA's Annual Conference, South San Francisco, CA, April 28, 2009. "Financial Restructuring in Spain," Mid-Year Annual Meeting of International Labor and Employment Law Committee of the Labor and Employment Law Section of the American Bar Association, Madrid, Spain, May 13, 2009. "Traditional and Emerging Termination of Employment Issues. RIF's, Severance and Release Agreements, New COBRA Requirements and More," Contra Costa County Bar Association Labor and employment Law Section, May 28, 2009. "When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates? A Modest Proposal for Reform," Labor Law Journal, Summer 2009.

 
Reported CasesJames Clayworth v. Pfizer, Inc., 165 Cal. App. 4th 209, 80 Cal. Rptr. 3d 847 (2008); Frank Gattuso v. Harte-Hanks Shoppers, In., 42 Cal. 4th 554 169 P.3d 889, 67 Cal. Rptr. 3d 468, 55 Lab. Cas. 60, 511 (2007); FAIR v. Rumsfeld, 547 U.S. 47, 126 S. Ct. 1297 (2007); Stephen Simmons v. PCR Technology, 2009 F.Supp.2d 1029 (C.D. Cal. 2002); Mirna Olivares v. Hispanic Broadcasting Corporation, 2001 WL 477171 (C.D. Cal. April 26, 2001); Wayne Perry v. U.S. Bank, 2001 WL 34920473 (N.D. Cal. 2001).
 
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Tyler M. Paetkau

777 Marshall Street
Redwood CityCA 94063




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