Mark I Schickman
Mark Schickman has been practicing labor and employment law for 45 years. He has successfully litigated almost every type of employment case in the courts, before juries and administrative agencies and on appeal. He is a popular and engaging trainer, and provides employment advice to employers across the country.
Mark is also an experienced and effective litigator, doing civil commercial trial work before judges and juries. He speaks and writes on litigation and employment law nationally, and has been quoted in legal and general circulation publications across the country.
For decades, Mark has been committed to the bar and to the community, holding leadership positions in the San Francisco, California and American Bar Associations, promoting pro bono and public service locally and nationally and leading a wide range of community institutions. He has developed and promoted policies aimed at eliminating discrimination and harassment in employment, and the promotion of first amendment constitutional values of free speech and association.
Mark is a member of the American Arbitration Association's select panel of employment law arbitrators and is Editor of the California Employment Law Letter.
Education
Columbia University in the City of New York
Columbia Law School, J.D., 1974
Harlan Fiske Stone Scholar
Whitney North Seymour Medal
Jerome Michaels Jury CupColumbia School of International Affairs, International Fellow, 1973
Columbia College, B.A., 1971
Bar Admissions
Supreme Court of California, 1974
United States Supreme Court, 1982
Ninth Circuit Court of Appeals, 1974
United States District Courts: California (1974); Illinois (1996); Arizona (1997)
Practice Areas
Labor and Employment Advice
Establishing compliant documentation
Employer counseling and training
Preventive advice
Drafting employee handbooks, personnel policies, and procedures
Drafting leave policies
State and Federal wage and hour law compliance
Employment Litigation and Appeals
Sexual or other Harassment
Discrimination based on:
Sex, Age , Race , Religion, Sexual Orientation, Origin or Ancestry
Disability Discrimination and Accommodation
Retaliation
Wrongful Discharge
Breach of Employment Contract
Wage/Hour and Meal/Rest Break Violations
Labor Code Violations
Class and PAGA Claims
Unfair Competition
Commercial Civil Litigation
Prior Experience (Selected)
Partner, Freeland Cooper & Foreman LLP
Partner, Perkins Coie, LLP
Partner, Cooper White and Cooper, LLP
Partner, Fox and Grove, Chartered
Professional and Civic Positions Held
California Judicial Nominees Evaluation Commission, Chair
Bar Association of San Francisco, President
State Bar of California, Board of Governors
California Young Lawyers Association, President
Volunteer Legal Services Program, President
American Bar Association, Board of Governors, Executive Committee
American Bar Association, Chair, Program and Planning Committee
American Bar Association, Chair, Section on Individual Rights and Responsibilities/ Section of Civil Rights and Social Justice
American Bar Association, Chair, Standing Committee on Pro Bono and Public Service
American Bar Association, Chair, Commission on Domestic and Sexual Violence
American Bar Association, Commission on Minorities in the Profession
American Bar Association, House of Delegates, Rules and Calendar Committee
National Conference on Uniform State Laws, Advisor to Drafting Commission on [Proposed] Uniform Employment Termination Act
Jewish Community Relations Council, President
California Jewish Public Affairs Committee, Chair
Holocaust Center of Northern California, President
Israel Center Of Northern California, President
Representative Cases
Bradford v. Crown Cork and Seal (defense jury verdict on claims of disability discrimination and violation of the California Family Rights Act)
Sherry v. Roseville (summary judgment of claims of age discrimination and disability discrimination)
Lederer v. Argonaut (defense of Equal Pay Act and gender discrimination claims)
Jensen v. SECORP ( defense of meal break, rest break and overtime class action)
Shasby v. Amalfi (summary judgment of age discrimination claims)
Kovatch v. California Casualty (summary judgment of wrongful discharge and sexual orientation discrimination)
FWM v. JGC ( multi-million dollar award for breach of wine distribution contract )
Ling v. CableAmerica Corp. (defense verdict of breach of contract and employment discrimination claims)
Kell v. Coldwell Banker (defense of age discrimination)
Cravens v. Schwab (defense of discrimination claims against employer and personnel services company)
Partridge v. KTVU (defense of wrongful termination action)
Brzezinski v. SPCA (defense of claims of fraud and misrepresentation (§ 970) in hiring)
O'Keeffe's, Inc. v. Calsak (jury verdict for client in prosecution of product liability claim)
Davis v. Droke/Levy v. Urbach (class action claim for hazardous duty claim)
Selvin v. Berns (enforcement of contract)
Phillips Farms v. Frank Lin (award of over $530,000 for wine sold and delivered, and defense jury verdict of distributor’s wrongful termination counterclaim)
Cuvaison v. Paterno Importers (defense award in wrongful termination of distributorship claim)
Bowmont v. Scottish & Newcastle (defense of claim of breach of distributorship agreement)
Speeches and Publications (selected)
Editor, California Employment Law Letter, 2001 to present
Author, “California Legislation Regarding the Employment of Older Workers,” American Bar Association Symposium Handbook for Lawyers and Personnel Practitioners
“Wage and Hour Issues in California,” “Human Resources Fundamentals,” Lorman Education Seminars
"Complying with California's All-Inclusive Discrimination Laws", BLR Seminar
“Unlawful Workplace Sex Harassment", BLR Seminar
“FMLA Compliance”, BLR Seminar
“Workplace Investigations”, BLR Seminar
“Stop Sexual Harassment: An Interactive Training for Supervisors”, H.R. Hero
Author, “Sexual Harassment: The employer's role in prevention”, 13 Compleat Lawyer. 24 (1996)
Author, “The McDonnell-Douglas Test in Jury Actions Brought Under the Age Discrimination in Employment Act of 1967,” 32 Hastings L.J. 1239, (1981)
FMLA/CFRA Master Class
An Introduction to California's Employment Law, Advanced Employment Issues Symposium
ADA Compliance Master Class
How to Address the New Sexual Harassment