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Home > People > Frank L. Tobin

Frank L. Tobin

Shareholder | San Diego

frank.tobin@ogletree.com

858-230-8379

Frank Tobin has represented management in a wide variety of labor and employment disputes for over 30 years. He has successfully tried discrimination, retaliation, harassment, wrongful discharge, wage and hour, and trade secret cases. Frank also represents employers in class action and PAGA disputes and ERISA breach of fiduciary duty litigation.

Practice Groups

Employment Law
Litigation
Wage and Hour
Ethics Compliance and Whistleblower Response
California Class Action and PAGA

Industry Groups

Healthcare

More About Frank L. Tobin

Experience

Frank devotes his practice to a wide range of labor and employment litigation matters including discrimination, harassment, retaliation, wrongful discharge, non-compete, ERISA breach of fiduciary duty, class actions, PAGA, wage and hour and trade secrets.

Frank has served as lead counsel in both jury and bench trials and arbitrations. Sample representative matters include:

Solo counsel representing corporate defendant in 4 week jury trial in state court where Plaintiff alleged racial and sexual harassment and racial and sexual discrimination; resulted in defense verdict
Co-counsel in six week misappropriation of trade secrets jury trial in Federal Court; trial resulted in favor of client
Solo counsel representing defendants and cross-complainant in bench trial including breach of fiduciary duty and professional liability issues; trial took approximately four weeks and resulted in favor of clients
Lead counsel representing estate in bench trial seeking to recover assets that were taken from the estate; decision in favor of client to include double damages in connection with finding of wrongful taking; also successfully argued matter on appeal
Lead counsel representing shareholder in state court bench trial to contest corporate board of directors’ election; trial resulted in favor of client
Lead counsel defending corporation in binding arbitration brought by shareholders of a corporation to rescind transaction whereby shareholders had converted promissory notes to stock; arbitration award resulted in favor of client and included attorney’s fees
Lead counsel representing claimant in binding arbitration hearing involving international real estate. Resulted in award in favor of claimant
Lead counsel representing corporation in age discrimination lawsuit. Resulted in summary judgment in favor of client
Lead counsel representing individual and corporation in defamation lawsuit; resulted in summary judgment in favor of clients

Education & Admission

Education

J.D., cum laude, University of San Diego School of Law, 1993
B.A., cum laude, Claremont McKenna College, 1988

Admission to Practice

California

Professional Activities

Association of Business Trial Lawyers (Board of Governors, 2007-2009; Annual Seminar Committee, 2007; Mini-Annual Seminar Committee, 2006)
San Diego County Bar Association (Legal Ethics Committee, 2008-2016 (Secretary 2010-2011; Vice Chair, 2013; Chair, 2014); Judicial Evaluation Committee (2006-2010; and 2022-present))
American Inns of Court, William B. Enright Chapter, Master (Co-Team Leader multiple times)
Association of Corporate Counsel – Healthcare Roundtable (2012)
Rose Institute of State and Local Government Claremont McKenna College (Board of Governors, 2011-2014)

Speeches

Workplace Strategies Seminar – “Whistleblowing Around the World: What Global Employers Need to Know” – San Diego – May 12, 2023
Navigating California Employment Law – “Out With the Old and in With the New! Navigating the New California Privacy Rights Act and Expanding Employee Privacy Rights” – Napa – March 3, 2023
Workplace Strategies Seminar – “The Intersection of Ethics and L&E Law” – Phoenix – May 7, 2022
Navigating California Employment Law – “Successfully Navigating California’s Challenges—A Group Endeavor” – Napa – March 4, 2022
Navigating California Employment Law – “Conducting Virtual Investigations: A Guide for California Employers” – March 5, 2021
California Employment Law & Cabernet – “Navigating Harassment Claims: The California Experience” – Napa – March 5, 2020
Corporate Labor and Employment Counsel Exclusive – “Ethics Update: Who’s the Client?” – New Orleans – November 16, 2019
Ogletree Deakins Workplace Strategies Seminar – “Lawyer Meets World (Wide Web): Social Media and Ethics” – Las Vegas – May 4, 2019
Ogletree Deakins Navigating California Employment Law Seminar – “Preparing to Be an Effective Deposition Witness in California—An Interactive Experience” – Napa – March 2, 2019
Ogletree Deakins Navigating California Employment Law Seminar – “Avoid Losing the California Case Before It Is Even Filed” – Napa – March 2, 2018
Ogletree Deakins Navigating California Employment Law Seminar – “Position Yourself Now in the Event You Get Sued Later” – Napa – March 2017
California Society for Healthcare Attorneys Webinar – “Recent Developments in Legal Ethics for the California Practitioner” – September 14, 2016
Ogletree Deakins Seminar – “Healthcare Employment Law” – San Diego – September 2015
ACC-SD Healthcare Roundtable – “Social Media and Legal Ethics” – San Diego – February 23, 2012

Published Works

2015 – Association of Business Trial Lawyers Report – “Tameny Claims May Provide Employees Relief Event Where the Applicable Statute Does Not”
July 2, 2014 – SHRM.org – “Retiree Not Entitled to Equitable Relief Under ERISA”
December 2012 – SDCBA Bar Report – “Can an Attorney Who Represents Herself in Propria Persona Recovery Attorney’s Fees When Simultaneously Representing Her Spouse”
December 2011 – SDCBA Bar Report – “Is it Better to Seek Forgiveness or Ask for Permission?”
December 2011 – SDCBA Bar Report – “Whether to Settle or Go to Trial – The Client’s Decision”

Honors & Awards

Best Lawyers in America (2021-2023)
AV Rated by Martindale-Hubbell
Southern California’s Top Rated Lawyers (2012 – 2014)
San Diego’s Top Rated Lawyers (2014)
San Diego Magazine’s Top Lawyers in San Diego (2013 – Present)
Southern California Super Lawyer (2014 – 2022)

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