![Philip I. Person](/-/media/images/team/p/person_philip/person_philip_large.png?rev=cf3a3ac1c36d45fcbfd8fef43c83c849&sc_lang=en)
Profile
Philip I. Person serves as the Co-Lead of the firm’s California Wage & Hour Taskforce. Philip focuses his practice on representing employers in wage and hour, wrongful termination, harassment, discrimination, retaliation, trade secret misappropriation, non-competition, non-solicitation, and whistleblower claims. He is an experienced litigator, having defended employers against single-plaintiff and class action litigation in both federal and state courts. He also represents employers in labor and employment arbitrations.
Philip coordinates with executives and management to develop and implement plans to mitigate the employer’s risk. He often counsels and advises his clients on employment issues pertaining to leaves of absence, disciplinary actions, terminations, restructurings, reductions in force, employee classifications, handbooks, and policies.
Philip is also a recognized thought-leader in the area of employment law. He has been quoted in The Wall Street Journal, Corporate Counsel, and Law360 Pulse; is the Co-Editor and Co-Author of PLI’s Employment Law Yearbook, an annually updated treatise on employment law issues; and is the Co-Host of The Performance Review, a California labor and employment podcast available on Spotify and Apple Podcasts.
In addition to his employment litigation and counseling practice, Philip serves as the firm’s Co-Chair of the Labor & Employment Due Diligence Subgroup, the firm’s Co-Chair of the Greenberg Traurig African American Inclusion Network (GAIN), and a member of the firm’s Justice Initiative.
Concentrations
- Labor and employment litigation
- Employment counseling
- Wage & hour class action
- Commercial litigation
- Employment agreements and policies
Capabilities
Experience
- 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.
- 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.
- 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.
- 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
Recognition & Leadership
- Listed, Thomson Reuters, "Stand-Out Lawyers," 2023-2024
- Listed, Minority Corporate Counsel Association (MCCA), "Rising Stars," 2024
- Named, Los Angeles Times B2B, "Diversity, Inclusion, Equity and Accessibility Visionary," 2023
- Listed, Benchmark Litigation, "40 & Under Star- U.S. Edition," 2023-2024
- Recipient, Marci Rubin Emerging Diversity Leader Award, California Minority Counsel Program, 2022
- Listed, The Best Lawyers in America, "Ones to Watch," Labor and Employment Law - Management; Litigation - Labor and Employment, 2021-2022
- Listed, Super Lawyers magazine, Northern California Super Lawyers, "Rising Stars," 2015-2024
- Listed, Euromoney, Rising Stars, “Rising Star - Americas,” 2020
- Recipient, Apex Society - San Francisco "Power 30 Under 30," 2016
- Recipient, Rising Star, Distinguished Alumni Award, Sacramento State University, 2015
- Recipient, Trailblazers Under 40 Award, National Bar Association, 2014
- Listed, Lawyers of Color, "Hot List," 2014
- Member, American Bar Association
- Member, National Bar Association
- Member, California Minority Counsel Program
- Fellow, Leadership Council on Legal Diversity, 2022
- Co-Chair, Greenberg Traurig African-American Inclusion Network (GAIN)
Credentials
- J.D., University of California at Davis School of Law, 2011
- B.A., California State University, Sacramento, 2008
- Chief Judge Vicki Miles-LaGrange, U.S. District Court for the Western District of Oklahoma
- California
- Washington
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California