The Technology and Startup Team at Payne & Fears is dedicated to providing technology and startup companies with expertise in the areas of employment law, trade secrets and employee mobility, commercial litigation and insurance coverage.  We are recognized as a go-to law firm with unique experience in partnering with emerging growth companies seeking strategic legal and business advisors who operate at the same fast pace as their business. Our decades of relevant experience, coupled with our entrepreneurial spirit and personalized service, sustain our long-term relationships with technology and startup companies.

Our Technology and Startup Team routinely counsels clients on the following legal issues:

  • Compliance with federal, state and municipal employment laws
  • Preparation of employment agreements, bonus and commission plans, employee handbooks, and confidentiality agreements
  • Employee recruitment, hiring, compensation leaves and return to work issues, layoffs, and terminations
  • Trade secret protection and unfair competition
  • Personnel matters relating to scaling, funding events, and exits
  • Intellectual property disputes
  • Independent contractor agreements
  • Vendor agreements
  • Commercial disputes
  • Policyholder-side insurance recovery and advice

Representative Technology Clients:

  • Anuta Networks
  • AVI Networks
  • Ayasdi
  • BirdEye
  • BrightEdge
  • Contoural
  • Houzz
  • Nexient
  • QuantumScape
  • ServiceNow
  • Sierra Circuits
  • SocialChorus
  • Telesign Corp
  • Toshiba
  • Wrike
  • Xilinx

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Successes

2017

Individual Releases Secured Low Settlement

We were retained as lead counsel in addition to insurance panel counsel to defend two related wage and hour class actions brought against an Orange County car wash owner.  We mounted an aggressive strategy to reduce potential damages, including an audit of payroll and timekeeping records, individual interviews with over 60 putative class members to obtain declarations and releases in exchange for individual settlement payments, and training for all managers and supervisors.  After sharing some information with plaintiff’s counsel...

Attorneys: Eric C. Sohlgren
2017

"Regular Rate" Class Action Settlement

After being threatened with a class action, we assisted an Orange County company in performing a confidential internal audit of its overtime regular rate calculations.  We determined that the company had not properly considered bonuses in the regular rate for overtime pay.  This resulted in substantial liability for unpaid wages and penalties.  After receiving a pre-litigation demand, we negotiated a tolling agreement and agreed to mediation.  The amount due to employees was relatively simple to...

Attorneys: Amy R. Patton
2017

Class Action for Orange County Car Washes

We represented a California company that owns franchised stores in a class action alleging wage and hour violations, including for meal period violations.  We secured an agreement with plaintiff’s counsel to toll formal discovery, and under privilege we helped the client conduct an internal audit of timekeeping records.  After confidentially sharing some of those records with plaintiff’s counsel (two law firms), we convinced them to dismiss the class claims and settle the case only with the named plaintiff.

Attorneys: Eric C. Sohlgren
2017

Statewide Settlement of Class Action on Individual Basis

We represented an Orange County company in a class action lawsuit filed by a former inside sales representative, claiming that he and over 100 other individuals were misclassified as exempt from the overtime requirement.  Given a significant risk of misclassification, and without timekeeping records, we worked with the company to conduct an analysis of any records that would show the hours sales representatives worked, including digital phone records, parking lot transponders, and company holiday schedules. ...

Attorneys: Eric C. Sohlgren
2016

Favorable Resolution at Early Mediation for “Bonus Overtime” Class Action

Payne & Fears LLP represented a Bay Area transaction processing service center in a “bonus overtime” class action where the plaintiff alleged miscalculation of the overtime rate in violation of the California Labor Code. Despite the challenge of a nondiscretionary bonus program that supported plaintiff’s theory of the case, our team reached a favorable resolution at early mediation that resulted in a settlement payment of 2% of plaintiff’s demand.

Attorneys: Leila S. Narvid