rse@phillaw.com

EDUCATION

  • B.A. (Economics, Rhetoric; with honors) University of California, Davis
  • J.D., University of California Hastings College of the Law

PROFESSIONAL AFFILIATIONS

  • State Bar of California
  • Bar Association of San Francisco (Judiciary Committee, Former Member)
  • California Insurance Law & Regulation Reporter (Former Member - Editorial Board)
  • American Bar Association

PUBLISHED DECISIONS

Board of Pilot Commissioners, etc. v. Superior Court, 218 Cal. App. 4th 577 (2013)

Canatella v. Van De Kamp, 486 F.3d. 1128 (9th Cir. 2007)

Suma Fruit Int'l v. Albany Ins. Co., 122 F.3d 34 (9th Cir. 1997)

Fireman's Fund Ins. Co. v. Davis, 37 Cal. App. 4th 1432 (1995)

Carter v. CSAA, 218 Cal.App.3d 994 (1990)

Avvo - Rate your Lawyer. Get Free Legal Advice.

R. SCOTT "RANDY" ERLEWINE

Randy is a partner and co-founder of the firm. He handles trial and appellate litigation and has 30 years of experience representing clients in federal and state court and arbitration principally in employment, commercial, and insurance litigation.

Randy maintains an "AV-Rated" 5 of 5 designation by Martindale-Hubbell and has been selected as a Super Lawyer in the 2015 list of Northern California Super Lawyers, an honor given to the top 5% of lawyers practicing in the region. He has previously received this award for each of the years 2005 through 2010, as well as in 2012-2014. 

In addition to high industry recognition, Randy has achieved multiple seven-figure jury verdicts and settlements on behalf of plaintiff executives, managers, and other employees and policyholders, and has a proven track record defending over 50 cases for national employers such as Amtrak, Marriott, and Sodexo


REPRESENTATIVE MATTERS

Canatella v. Van De Kamp. Successfully defended State Bar of California, its general counsel and its former president in civil rights action; the Ninth Circuit Court of Appeals affirmed summary judgment in clients' favor in published opinion. 

Minority Shareholder v. Founder of Tech Company. Represented minority (10%) shareholder in pursuing claims against an over $2 Billion pre-IPO company and its president/founder seeking eight figure recovery for alleged breach of fiduciary duty; confidential settlement.

Wrongful Termination of CEO and General Counsel. Prosecuted wrongful termination and defamation action on behalf of former Acting CEO and General Counsel against multi-national Hong Kong based employer (NASDAQ-listed); after prevailing on five discovery motions, obtaining substantial discovery sanctions against company, case settled at mediation.

Non-Compete Violation by Top Executive. Prosecuted action alleging that client's former vice-president, responsible for over $30 Million in annual sales, secretly began to compete and, upon being terminated, sought to carry on his unlawful business; after conducting expedited discovery, case settled prior to preliminary injunction hearing.

Misappropriation of Trade Secrets. Represented company in defending claims for alleged misappropriation of trade secrets and conversion relating to Silicon Valley semiconductor wafer fabrication facility, alleging damages in excess of $6 Million; confidential settlement.  

Amtrak Employment Defense Litigation. Defended Amtrak in federal court against multiple employment and discrimination-related cases. Notable cases include Hardeman v. National Railroad Passenger Corporation, U.S.D.C. (No. Dist. Cal.) CGC 04-436147 (successfully prevailed on motion for partial summary judgment on virtually all claims; remaining claims settled shortly before trial); Rivera v. Amtrak, 2004 WL 603587 (obtained summary judgment in defamation action).

Marriott International Employment Defense Litigation. Defended Marriott International and its brand hotels (Ritz-Carlton, Stanford Court and Marriott) in multiple cases involving employment and discrimination-related claims. 

Sodexo Employment Defense Litigation. Defended Sodexo (one of world’s largest food services and facilities management companies) in state and federal court in numerous cases involving employment/discrimination-related claims.

Successfully defended Sodexo subsidiary against claims brought by franchisee alleging conversion and breach of franchise agreement, resulting in defense jury verdict.   

Also successfully prosecuted claims on behalf of Sodexo against commercial laundry operator for breach of lease arising from major roof collapse. 

Insurance Litigation with SF Bar Pilots. Represented San Francisco Bar Pilots for insurance coverage purposes in federal lawsuit alleging in excess of $100 Million in damages arising from an oil spill in San Francisco Bay.

Asbestos Defense Litigation. Successfully obtained dismissals on jurisdictional grounds of over 30 lawsuits brought by asbestos plaintiffs against client, a leading national valve supplier. 

Fraud Prosecution. Prosecuted RICO/conversion/fraud action in federal court on behalf of two clients who were allegedly bilked out of over $5 Million.

District Manager v. CEO. Represented former District Manager of major national manufacturer alleging that CEO had subjected client and other female employees to a several-year campaign of sexual harassment; after defeating defendants’ motion for summary judgment, case settled shortly before trial.

Artists v. Live Nation Mechandise, Inc. Represented Live Nation Merchandise and its predecessor in pursuing collection actions under artist merchandise agreements.

Guercio v. Chicago. Represented Grammy Award winning producer and former producer of band CHICAGO in action against the bandmembers and their record company, alleging breach of settlement agreement; following jury trial and an accounting, obtained judgment for nearly $700,000 in favor of client.

Employee v. Fortune 500 Company CEO. Successfully defended Fortune 500 company’s subsidiary and its president against claims for sexual orientation discrimination/harassment, resulting in defense jury verdict.

Inventor v. Smart Card Company. Prosecuted action on behalf of inventor against leading smart card company (NASDAQ listed) alleging breach of stock option grant and associated fraud; after prevailing in arbitration, case settled at mediation.

Physician v. Security Personnel (Personal Injury). Obtained $2.2 Million jury verdict on behalf of doctor for assault by security personnel at upscale restaurant. 

Tug Boat Owner v. Insurers (Bad Faith Claim). Represented tug boat owner in action against 16 insurers alleging bad faith refusal to pay for loss of vessel and seven figure damages; after prevailing in multiple motions filed by insurers to transfer action out of state, case settled at mediation.

Fishing Boat Owner v. Insurers (Bad Faith Claim). Obtained $2.8 Million jury verdict co-representing commercial fishing boat owner against two insurers alleging bad faith refusal to pay for loss of vessel and resulting damages.  

Boat Dealership v. Insurer (Bad Faith Claim). Represented boat dealership in action against insurer alleging bad faith refusal to pay for theft of boats, resulting in $1.8 million jury verdict.