Thomas M. McInerney

Office Managing Shareholder || San Francisco

Thomas (“Tom”) McInerney, the Managing Shareholder of the San Francisco office of Ogletree Deakins, has extensive employment litigation experience in complex litigation matters, with an emphasis on class actions, multi-plaintiff cases, and trade secret and other complex business disputes. He has tried to verdict several cases in both state and federal courts, and represents clients in a wide-range of fields, including technology, financial services, insurance, construction, energy/utility, healthcare, transportation and logistics, and personal services.

Tom’s expertise is in dealing with complex or novel issues, including sex and race discrimination and harassment, wage and hour class actions, alleged theft of trade secrets, and breach of contract. Tom also has significant experience in appellate matters, including litigating cases in the California Court of Appeal, the California Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit. Arbitrations and mediations are also a large part of Tom’s practice. Tom has assisted clients in developing arbitration and mediation programs, and he has represented a wide variety of clients in these alternative dispute resolution proceedings.

Tom brings a practical business perspective to his practice, formed in part by his experience working with large, medium-size, and small business clients throughout California and elsewhere. Tom also serves on the Ogletree Deakins Management and Pro Bono Committees. Prior to joining the firm he was a labor and employment partner with another national law firm. Tom is also very active in the local San Francisco Bay Area community, and is an elected official in Marin County, California.

Learn more about Thomas M. McInerney

Tom has experience in jury and bench trial on behalf of employers in sex harassment, age discrimination, and complex contract dispute cases. He also has directed all aspects of litigation, including pre-trial discovery and law and motion practice, involving claims of discrimination (sex, race, national origin, sexual orientation, religion, disability, and others), tort (defamation, assault, battery, infliction of emotional distress, false imprisonment, and others), and breach of contract.

Tom has also developed an expertise in wage and hour defense, including in class actions asserting failure to pay overtime, failure to provide meal breaks, and other alleged violations of California and federal law.

Tom has led the defense in arbitrations involving a wide range of claims, including for breach of contract, discrimination, and violations of the California Labor Code.

Tom has also argued a large number of appellate matters, including briefing and arguing cases before the California Supreme Court, the Ninth Circuit, and other state and federal courts in California and elsewhere. Examples of Tom’s published cases include:

Education

Admittance to Practice

Professional Activities

  • Chair, Judiciary Committee, Bar Association of San Francisco
  • Board Member, Lawyers Committee for Civil Rights of the San Francisco Bay Area
  • Member of the Town Council of the Town of San Anselmo, California (2009-2017, Mayor in 2012 and 2014)
  • Chair, Central Marin Police Council (2011-2017)
  • Chair, Marin County Flood Control District 9 Advisory Board (2009-2017)
  • Ross Valley Fire District Board Member (2012-2017)
  • State Bar of California (Labor and Employment Section)
  • Federal Bar Association, Northern District of California
  • American Bar Association
  • Bar Association of San Francisco
  • Barack Obama Delegate, 2008 Democratic National Convention, Denver, CO
  • John Kerry Delegate to the Rules Committee, 2004 Democratic Convention, Boston, MA
  • Campaign Field Director – Dukakis for President Campaign (1987-1988)
  • Campaign Organizer – Clinton/Gore Campaign, Los Angeles, CA (1992)

Speeches

Insights by Thomas M. McInerney