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Our Attorneys
Amy A. Durgan

Associate

Amy Durgan is an associate in the firm's San Francisco office.  She provides employment advice and counsel and litigation expertise to organizations ranging from Fortune 500 companies to privately run businesses. She has worked with clients in a variety of industries, including banking and financial services, technology, media, food and wine, manufacturing, retail, hospitality, waste and recycling, and non-profit.  Amy frequently counsels colleges and universities on employment matters. Amy advises management and human resources professionals regarding all aspects of employment law, including compliance with state and federal wage and hour laws, compliance with discrimination, harassment, and disability laws, disciplining and terminating employees, administering leaves of absence under state and federal law, employee privacy rights, workplace violence, trade secrets, bonus and commission plans, social compliance audit policies, and covenants not to compete. She also routinely prepares employee handbooks, severance agreements, and related employment policies and contracts. Amy also conducts investigations into internal complaints of discrimination and harassment.

Amy has represented management in all aspects of employment litigation, including claims of wrongful termination, constructive discharge, harassment, discrimination, defamation, retaliation, wage and hour, and breach of contract lawsuits in state and federal courts and before various administrative agencies including the U.S. Equal Employment Opportunity Commission,  California Department of Fair Employment and Housing, California Department of Labor Standards Enforcement, California Employment Development Department, the Workers’ Compensation Appeals Board, and the San Francisco Office of Labor Standards Enforcement. Amy’s litigation and/or settlement strategy is always designed to ensure that the client's goals are being met.
 

Representative Matters

  • Successfully petitioned California Court of Appeal to issue peremptory writ of mandate overturning trial court's order
  • Obtained summary judgment and large award of attorneys' fees on behalf of software company as the prevailing defendant in retaliation case
  • Obtained summary judgment in age discrimination case
  • Obtained defense verdict in two Labor Code section 132a trials before the Workers' Compensation Appeals Board
  • Obtained temporary restraining order against former employees of retailer who misappropriated source code and customer and investor lists to establish competing business
  • Won motion for terminating sanctions due to opposing party's discovery abuses in breach of contract dispute and obtained $2.1 million default judgment
  • Obtained temporary stay of proceedings in state superior court pending outcome of petition for writ of mandate under CCP section 1085
  • Successfully defended employer ($0 award) at Labor Commissioner hearing involving former employee’s claim for over $400,000 in “on call” time
  • Successfully opposed remand motion based on Labor Management Relations Act preemption and diversity jurisdiction grounds.
     

Representative Public Presentations and Articles

Amy A. Durgan
Office: Northern California
Phone: 415-835-9000
Fax: 415-834-0443
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Education

  • J.D. - University of San Francisco, School of Law - 2006
    cum laude
  • B.A. - Bucknell University - 1993
    cum laude, Phi Beta Kappa

Bar/Court Admissions

  • California
  • U.S. District Court, Northern, Eastern and Central Districts