Malcolm A. Heinicke

Experience

Mr. Heinicke has obtained favorable outcomes for clients in a range of matters, as outlined below.

Class and Collective Actions

• Won a complete defense victory for a major international contractor against a certified class of more than 7,000 employees alleging failure to pay overtime following a nearly three-month arbitration hearing involving several dozen witnesses. This victory was recognized as a Top Defense Verdict of the Year by the Daily Journal.
• Obtained first-of-its-kind summary judgment on behalf of a multinational private secured transportation firm, holding as a matter of law that it could use “on-duty” meal periods for armored car driver-messengers and that related rest period claims were preempted by federal law. This victory was recognized as a Top Defense Verdict of the Year by the Daily Journal.
• Secured a California Court of Appeal and superior court victory for a major manufacturer/retailer denying certification of a state-wide class action claiming failure to provide meal periods and failure to compensate retail employees for purported off-the-clock work allegedly required by scheduling mandates.
• Secured a precedent-setting summary judgment ruling and denial of collective action certification for a major financial services institution in a case alleging the misclassification of financial advisors.
• Obtained a precedent-setting victory before the Ninth Circuit (and a significant attorney fee award) for a national security firm in a California wage and hour class action despite (now reversed) DLSE administrative guidance against the client’s position.
• Obtained a Ninth Circuit victory defeating a forced patronage class action challenging a common securities industry compliance practice on federal preemption grounds.
• Obtained the dismissal of representative allegations (and ultimately the case) in an action alleging failure to provide seating to cashiers in violation of state law.
• Defeated class certification and obtained summary judgment and an award of attorney fees in a statewide wage and hour class action alleging rest period and uniform maintenance claims.
• Secured the dismissal of misclassification and improper deduction claims on behalf of a putative class of financial representatives.
• Obtained summary judgment and an award of attorney fees in a case alleging race and age discrimination against an international entertainment company.
• Obtained summary judgment and a significant award of costs in a case alleging race and age discrimination against a national retailer.

Employee Mobility and Trade Secret Matters

• Obtained a rare injunction in San Francisco Superior Court precluding competition from a company’s former manager after he started a competing business and attempted to take over a significant contract.
• Defeated a request for a temporary restraining order in a federal case alleging theft of trade secrets and employee raiding against a startup company.
• Successfully represented a high-level technology executive in multi-forum litigation concerning employee mobility to a California employer from an out-of-state rival.
• Obtained a temporary restraining order for a national distribution company against an employee moving to a competitor firm and seeking to transfer accounts.
• Successfully represented a high-tech startup and its individual founders against claims of trade secret theft and breach of fiduciary duty by the former employer of several founders.

Commercial and Business Matters

• Successfully represented a major national bank in obtaining a unanimous jury verdict against a former high-level employee who alleged that a workplace call in connection with a multibillion-dollar foreign exchange transaction had been illegally recorded.  This victory was recognized as a Top Defense Verdict of the Year by the Daily Journal.
• Obtained on behalf of a national retailer the dismissal of multi-state claims of false advertising and unfair business practices with respect to a novel pricing policy and associated advertising.
• Obtained dismissal in a Delaware bankruptcy case of a WARN Act class action seeking to hold an investment company liable for termination notice violations of the bankrupt company in which it invested.
• Won the dismissal of a class action alleging false advertising and unfair business practices with respect to a purported bait and switch advertising and pricing system.
• Secured the dismissal of claims asserting that online postings and advertising violated the Americans with Disabilities Act.
• Obtained the dismissal of an action alleging breach of fiduciary duty against an equity investment fund.
• Won an arbitration on behalf of a Hall of Fame baseball player concerning enforcement of a personal services contract.

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