Since 1998, Evan has led the defense of over 90 class/collective/PAGA lawsuits, many single plaintiff cases, and multiple trade secret/restrictive covenant disputes. A few examples of his recent successes include:
Class Action / Wage and Hour
- Defeated class certification in a hybrid class/collective action alleging misclassification of more than 7,000 employees of an industrial hardware supplier.
- Defeated class certification in a California class action brought against a technical institute. Plaintiff’s allegations included meal and rest period violations, off-the-clock work, and derivative California statutory claims.
- Convinced a federal judge to reject California Supreme Court precedent and find that employee arbitration agreements are enforceable with respect to claims brought under the Private Attorneys General Act (“PAGA”).
- Defeated class certification (on all but a minor claim for wage statement formatting errors) in a meal/rest period case brought against a national cosmetics/retail company. The remainder of the case for the case settled immediately after Mr. Moses filed a post-certification motion for summary judgment of the wage statement claim.
- Defeated class certification on behalf of a national retailer in a hybrid class/collective action alleging miscalculation of the regular rate of pay.
- Defeated conditional certification in a nationwide action alleging violations of the Fair Credit Reporting Act and the California Investigative Consumer Reporting Agencies Act.
- Defeated class certification in a FLSA 216(b) action alleging misclassification of computer professionals.
- Conducted a national wage/hour audit involving more than 9,000 employees and 23 employment positions. Completed the project 34% under budget.
- Currently representing a healthcare company in a 7,000-person representative action brought under California’s Private Attorneys General Act.
Trade Secrets / Restrictive Covenants
- Represented the corporate-plaintiff (a cutting-edge technology start-up) against a significantly larger competitor in a theft of trade secrets/corporate espionage action. After Mr. Moses prevailed in several key discovery motions, defendant hired a second law firm in an effort to overwhelm Mr. Moses with depositions and related expenses. Before defendant could implement this strategy, Mr. Moses elicited damaging deposition admissions from the defendant’s primary corporate witness. Within weeks, Mr. Moses obtained a settlement worth several multiples more than his client’s original demand.
- Represented a C.E.O. who had been sued by his former employer for violation of a non-compete agreement. Within two weeks, Mr. Moses defeated a request for a temporary restraining order. Within three months, Mr. Moses obtained deposition admissions resulting in complete dismissal of the lawsuit with prejudice.
Single Plaintiff / Wrongful Termination / Harassment / Discrimination
- First-chaired trial involving allegations of discrimination, harassment, and failure to accommodate.
- First-chaired arbitration involving allegations of wrongful termination and termination in violation of public policy.
- Represented a large financial services company in the defense of an executive’s claim for breach of a golden parachute agreement. After prevailing on each of seven pre-trial motions, the plaintiff was forced to settle for 96.7% below his original settlement demand.