Philip I. Person

Experience: Labor & Employment Litigation: Co-chaired a 3.5-week jury trial regarding professional negligence and negligent misrepresentation against insurance brokers for their failure to provide employee health care plans and health reimbursement accounts compliant with San Francisco health care ordinances. The jury awarded a $2,335,008.21 verdict in favor of the client. Thereafter, first-chaired the appeal, where the appellate court affirmed the judgment in its entirety.; First-chaired a labor arbitration involving a large casino's decision to terminate an employee for possessing marijuana on casino property. The arbitrator declined to award the employee any back pay, reinstatement, or any other requested remedy.; Co-chaired an employment arbitration involving 24 causes of action asserted by a former employee of a large cruises and events company. The arbitrator declined to award the employee any recovery against the individual respondents or on 22 of the 24 causes of action. The arbitrator only granted $4,500 on the remaining two causes of action.; Represented executives and investors of a medical device and equipment company in an arbitration against claims from a terminated executive for defamation, intentional misrepresentation, intentional interference with prospective economic advantage, and conspiracy. The arbitrator granted a motion to dismiss and subsequent motion for summary disposition in favor of our clients, thereby dismissing the clients entirely from the arbitration.; Represented a large cruise and events company in an audit by a local employment government agency. The government agency initially found that the company was required to provide certain health care plans and make health care expenditures to employees. At the conclusion of the audit, the local agency reduced the assessment against the company by more than $11 million.; Represented an international company in a lawsuit by a former employee claiming that he was entitled to stock options. The California Superior Court sustained a partial demurrer in favor of the employer on the grounds that stock options are not wages. The parties settled soon thereafter.; Represented an insurance provider against its former officer's whistleblower retaliation claims. The California Superior Court sustained a partial demurrer in favor of the employer on the grounds that an associational retaliation cause of action does not exist under the California Labor Code. The parties settled soon thereafter.; Represented one of the largest healthcare systems in the nation against a doctor's claim for age discrimination.; Employment Counseling: Advised and counseled an out-of-state health information management and technology systems company as it opened its first California office. Drafted California-specific addendums to the company's handbook and policies.; Advised startup as it retained an independent contractor to establish its national marketing program. Drafted independent contractor agreement to significantly minimize risk of litigation.; Revised a renewable energy education center's employee handbook as to comply with state and local employment laws.; Due Diligence: Provided the labor and employment due diligence in connection with SemiFive's acquisition of Analog Bits, Inc.; Provided the labor and employment due diligence in connection with Aveanna Healthcare, LLC's acquisition of Dunn & Berger, Inc. dba Accredited Nursing Services, for a base purchase price of $180 million, plus up to $45 million subject to satisfaction of certain 2021 volume targets.; Provided the labor and employment due diligence in connection with IF&P Food Holdings Company, LLC's (a portfolio company of Rotunda Capital Partners) acquisition of Get Fresh Produce, LLC.; Externships: Judicial Extern, Judge James Ware, United States District Court, Northern District of California, January 2010-May 2010; Judicial Extern, Chief Justice Ronald M. George, Supreme Court of California, May 2009-August 2009