Practice and Industry Groups

Frank Tobin

Office Managing Shareholder San Diego

Mr. Tobin represents management in all types of labor and employment disputes. He has successfullly tried discrimination, retaliation, harassment, wrongful discharge, wage and hour and trade secret cases. Mr. Tobin also represents employers in class action disputes and ERISA breach of fiduciary duty litigation.


Experience

Mr. Tobin devotes his practice to a wide range of litigation matters including labor and employment (discrimination, harassment, retaliation, wrongful discharge, non-compete, ERISA breach of fiduciary duty, class actions and wage and hour), commercial (breach of fiduciary duty, contract and fraud), unfair competition, trade secrets, real estate, healthcare and professional liability.

Mr. Tobin 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.

Professional Activities and Speeches

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-Present (Secretary, 2010-2011; Vice-Chair, 2013; Chair, 2014); Judicial Evaluation Committee, 2006-2010))
  • American Inns of Court, William B. Enright Chapter, Master (Co-Team Leader in 2008, 2010, 2014 and 2016)
  • Association of Corporate Counsel - Healthcare Roundtable (2012)
  • Rose Institute of State and Local Government, Claremont McKenna College (Board of Governors, 2011-2014)

Speeches:

  • Ogletree Deakins Navigating California Employment Law Seminar - ''Position Yourself Now in the Event You Get Sued Later'' - Napa - March 03, 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

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Media

Media Quotes

July 02, 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?"

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