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    1. Home
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    3. Richard J. FreyPeople
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    3. Richard J. FreyPeople

    Richard J. Frey

    Partner


    • Los Angeles
    • Office213.629.6177
    • rfrey@nixonpeabody.com
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    Introduction

    Richard Frey is a partner in the Labor & Employment practice group. He is a seasoned litigator and trial lawyer with a long track record of high-profile wins in trade secret and mobility disputes, complex business litigation, and wage and hour class actions.

    Practice Areas

    Labor & EmploymentLabor & Employment LitigationERISA LitigationGovernment Investigations & White Collar DefenseWage-Hour Compliance & LitigationComplex DisputesNon-Compete & Trade SecretsWorkplace: Policies, Procedures & TrainingCalifornia Labor & EmploymentLabor Relations

    My focus

    My practice focuses on general and complex commercial litigation and business matters, as well as unique labor and employment challenges faced by employers. I have experience in a wide range of industries, including technology, transportation, banking, and securities. I read the legal landscape and explain risk in business terms to help my clients make critical decisions and identify creative solutions.

    I have litigated cases in both state and federal courts and have particular skill in defending commercial class actions against alleged violations of the California Business and Professions Code §17200, as well as wage and hour and shareholder derivative class actions.

    In addition to my significant litigation experience, I provide transactional advice on corporate matters, including employment-related concerns associated with mergers and acquisitions and executive employment agreements. I have substantial experience representing clients in distribution deals, partnership agreements, and other contract negotiations. In addition, I have developed deep experience in trade secret and employee mobility cases involving insurance brokerages, talent agents, banks, and private equity firms.

    In commercial disputes, I represent limited liability companies in contentious breakups involving breach of contract, fiduciary duty violations, or employee ownership claims. Even in the face of multimillion-dollar wage and hour class action claims, clients trust my proactive and strong approach to either shut down the case early or settle it favorably.

    Representative experience

    The below representative experience includes representations from prior firms.

    • Representing CABIA in suing the State of California to invalidate PAGA on constitutional grounds. Currently on appeal after being heard in Orange County Superior Court, Rich is arguing that permitting employees to claim workplace-wide Labor Code violations and demand civil penalties from an employer violates California’s constitution, and resulted in an unfair system that compels employers to settle regardless of the merits.
    • Obtained a very favorable result in a trade secret and breach of fiduciary duty case in federal court between a Chinese joint venture and a former US-based employee, who caused a patent to be put in his relative’s name and set up a competing business in China. A significant part of the successful strategy included winning two spoliation motions and obtaining significant evidentiary sanctions. Rich also defeated the employee’s counterclaims.
    • Led the representation of a group of employees who left a bank to join another bank. The former bank sued the employees, claiming they violated trade secret laws and breached fiduciary duties by leaving to join an alleged competitor in the healthcare lending space. After several motions and many contentious months of litigation, Rich was able to secure a dismissal of the claims against his clients.
    • Successfully prosecuted whistleblower and retaliation claims on behalf of the departed CFO of a private software company. The CFO had an ownership claim in the business but was fired abruptly and placed in a position of losing his ownership claim. Rich was able to leverage his reputation and ability to ultimately go to trial to obtain a complete payout of the ownership interest with no downward adjustments despite the business being a private company.
    • Secured a significant attorneys’ fee award in a state action on behalf of a national insurance brokerage group arising out of a threatened trade secret and breach of contract claim by another broker. Confronted with a possible claim by an out-of-state company in Texas, Rich successfully sued in California and convinced the trial court to ignore the Texas forum selection clause. Ultimately, Rich secured a declaratory judgment that his client had not violated any laws or breached a non-compete clause in the contract. The icing on the cake was successfully enforcing the attorneys’ provision in the contract, so that his client also recovered the majority of its expenses in bringing the action.

    Admitted to practice

    California
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Central District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Northern District of California
    U.S. District Court, Southern District of California

    Education

    Pepperdine University School of Law, J.D., cum laude
    University of California, Santa Barbara, B.A., cum laude

    Professional activities

    • Children’s Burn Foundation, Board of Directors
    • Good Shepherd School (New Orleans, LA), Annual Golf Tournament, Co-Chair

    Recognition

    • The Legal 500 United States, Labor and Employment Disputes (Including Collective Actions): Defense (2019 to 2021), and Workplace and Employment Counseling (2020)
    • Los Angeles Business Journal: “Top Litigator” in Los Angeles (2018)
    • Southern California Super Lawyers: Employment & Labor: Employer, Civil Litigation: Defense, and Entertainment & Sports (2007 and 2010 to 2021)

    In the News

    • Law360

      California to defend PAGA law that lets workers sue in its name

      This article quotes Los Angeles Labor & Employment partner Richard Frey, who is representing the California Business and Industrial Alliance in a constitutional challenge to California’s Private Attorneys General Act, which allows workers to file employment law enforcement actions on the state’s behalf.
      May 13, 2022
    • The Recorder

      On the move - Tracking the ins and outs of California lawyers

      Los Angeles Complex Disputes partner Carlos Becerra and Labor & Employment partners Richard Frey, Robert Pepple, and David Prager are featured in this column for their recent arrivals to the firm.
      April 7, 2022

    Professionals in the Practice Area

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      Partner / Practice Group Leader, Labor & Employment
      • Long Island
      • Office:516.832.7613
      • tdaub@nixonpeabody.com
      Tara E. Daub
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • Stacie B. Collier

      Partner / Chief Talent Officer
      • Providence
      • Office:401.454.1018
      • sbcollier@nixonpeabody.com
      Stacie B. Collier
    • Rachel L. Conn

      Partner / Leader, Occupational Safety & Health (OSHA) Practice
      • San Francisco
      • Office:415.984.8216
      • rconn@nixonpeabody.com
      Rachel L. Conn
    • Jeffrey B. Gilbreth

      Partner
      • Boston
      • Office:617.345.1371
      • jgilbreth@nixonpeabody.com
      Jeffrey B. Gilbreth
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