Randy Erlewine
Randy is a partner and co-founder of the firm. He handles trial and appellate litigation and has over 40 years of experience representing clients in federal and state court and arbitration principally in employment, class action, commercial, personal injury, 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 2023 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, 2012 through 2015, and 2020 through 2023.
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.
Outside of his law practice, Randy is an accomplished marathoner.
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U.C. Davis (BA - Economics & Rhetoric)
UC Law San Francisco (formerly UC Hastings) (JD)
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Raines v. US Healthworks (now Concentra - nation’s largest occupational healthcare provider). Represent plaintiffs in putative class action on behalf of over 500,000 job applicants against US Healthworks (then California’s largest occupational healthcare provider) alleging that USHW asked numerous invasive and impermissible health questions to job applicants who were referred by potential employers for pre-employment medical examinations in violation of state employment and discrimination laws and applicants’ privacy rights. In 2023 obtained landmark decision from California Supreme Court holding that agents for employers can be held independently liable for violating California’s anti-discrimination laws. Raines v. U.S. Healthworks Med Grp. 15 Cal.5th 268 (2023)
DCH Auto Group Cases. Represented (along with firm partner Nick Carlin) employees of DCH Auto Group, subsequently acquired by Lithia Motors, Inc., in a number of related wage and hour actions for failing to provide its employees meal and rest breaks, falsifying time records and other Labor Code violations. The cases settled for a combined $11.5 million.
Employee v. Healthcare Company. Prosecuted wage and hour PAGA action involving 10,000 employees against healthcare company for failing to provide employees meal and rest breaks, unpaid overtime, off-the-clock violations, wage statement violations, and failure to reimburse employee expenses. Case settled for $3.1 million.
Putative Class Action re Stock Option Claims. Represented putative class of 1600 software engineers against major publicly-traded tech company, alleging that company engaged in scheme to award stock options on terms represented to be advantageous to newly-hired employees, but later imposed different terms that significantly reduced value of options and then imposed severe limits on time frame options could be exercised. Lawsuit alleged claims for breach of contract, bad faith, misrepresentation and unfair competition. Confidential settlement.
Employment: Executives & Individuals
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.
Executive v. Publicly-Traded Entity. Represented top US executive against multi-national employer, alleging claims for whistleblower retaliation and gender discrimination. Confidential settlement.
C-Suite Executive v. 1000+ Employee Company. Represented Chief Officer of national company, alleging claims for wrongful termination, FMLA retaliation, and disability, age and gender discrimination. Confidential settlement.
Executive v. Financial Services Company. Represented top executive against financial services company alleging claims for wrongful termination, age and race discrimination and whistleblower retaliation; case settled.
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.
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.
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.
Puglia Engineering v. BAE Systems. Prosecuted $10+ million dollar lawsuit in San Francisco courts on behalf of purchaser of San Francisco dry dock (Puglia Engineering) against seller (multinational defense contractor BAE Systems and various of its related entities) alleging claims for fraud and securities law violations over alleged undisclosed failures to maintain, repair and dredge the facility. BAE filed parallel action against client in New York federal court for declaratory relief and breach of contract. Following firm’s successful motion to remand California action from federal court to state court, case settled for a combined total of $6 Million to both client and the lessor.
Fraud Prosecution. Prosecuted RICO/conversion/fraud action in federal court on behalf of two clients who were allegedly bilked out of over $5 Million.
Asbestos Defense Litigation. Successfully obtained dismissals on jurisdictional grounds of over 30 lawsuits brought by asbestos plaintiffs against client, a leading national valve supplier.
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.
Gard v. Merrill Lynch. Successfully represented claimant in FINRA arbitration proceeding against Merrill Lynch, resulting in an award of over $450,000 which had been absconded by third party from claimant’s account due to Merrill Lynch’s negligence.
Williamson v. China Basin Baseball Company. Represented former San Francisco Giants outfielder in personal injury lawsuit against Oracle Park ballpark owner for career-ending concussion he sustained during game while running to catch a fly ball and tripping over on-field bullpen mound and crashing headfirst into side wall. Lawsuit alleged that the on-field bullpen mound was an unreasonably dangerous condition. At the time, Williamson was one of the top hitting players in Major League Baseball having hit .487 in AAA and having hit three home runs for the Giants in the first five games of the 2018 season before his injury.
Physician v. Security Personnel. Obtained $2.2 Million jury verdict on behalf of doctor for assault by security personnel at upscale restaurant.
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.
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.
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.
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.
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.
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.
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Raines v. U.S. Healthworks Med Grp., 15 Cal.5th 268 (2023)
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)
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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
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State Bar of California
Southern, Central, and Northern Districts of California
Ninth Circuit