Michael Hoffman

Michael Hoffman
ARENA HOFFMAN LLP
44 Montgomery St., Suite 1200
San Francisco, California 94104
Main: 415.433.1414
Fax: 415.520.0446
mhoffman@arenahoffman.com

Areas of Emphasis

  • Wrongful Discharge
  • Discrimination, Harassment
  • Wages and Compensation
  • Independent Contractors
  • Unfair Competition
  • Employee Benefits
  • Class Actions

Expertise

Since working as a summer associate in law school, Michael Hoffman has focused his practice on labor, employment, and benefits litigation. He has handled jury and bench trials, federal and state court appeals, agency hearings, arbitrations, class actions, and complex litigation. His work covers claims for wrongful discharge, discrimination, sex and race harassment, independent contractors and contingent workers, trade secrets, unfair competition, executive compensation, wage and hour law, and employee pension and welfare benefits. Mr. Hoffman also counsels clients on employee discipline and discharges, privacy rights, leaves of absence, reductions in force, and disability accommodations, and he drafts benefit plans, incentive compensation plans, and employment contracts. Additionally, he assists clients with wage and labor audits, agency investigations, and internal harassment investigations.

Professional and Educational Background

Partner, Arena Hoffman LLP (2008 - present)
Shareholder, Littler Mendelson, San Francisco (2000-2008)
Associate, Littler Mendelson, San Francisco (1995-2000)
Summer Associate and Associate, Galton & Helm (1990-1995)
Research Associate, Legislative Intent Service (1988-1989)
Univ. of Southern California, J.D., May 1992
Univ. of California - Davis, B.A., Dec. 1987

Admissions and Professional Associations

California State Bar, admitted 1992
Fifth, Seventh, Ninth, and District of Columbia Circuit Courts
All U.S. District Courts of California
American Bar Association, Labor & Employment Section
California State Bar, Labor & Employment Section
San Francisco Bar Association

Recent Decisions

Serrano v. 180 Connect, Inc.
478 F.3d 1018 (9th Cir. 2007)

Ninth Circuit reversed District Court's remand order and ruled that an opponent bears the burden of proving that an exception defeats federal jurisdiction under the Class Action Fairness Act. Lead counsel.

Northwest Administrators, Inc v. San Bruno Garbage Co.,
40 Empl. Ben. Cases (BNA) 2768
2007 WL 1703657 (N.D. Cal. 2007),
aff'd, _ Fed. App. _ (9th Cir. 2009)

Order entering summary adjudication in favor of the employer on suit to recover pension fund contributions, ruling that the collective bargaining agreement did not compel payment. Affirmed on appeal. Lead counsel on summary judgment. Briefed the appeal.

Hoppe v. bebe stores, inc. (2008)
San Mateo Sup. Ct. no. CIV 456550

Class certification denied in action alleging that employees were forced to purchase and wear the employer's clothes to work. Lead counsel.

Moreno v. AutoZone, Inc.
2007 WL 4287517 (N.D. Cal. 2007)

Order disqualifying proposed class counsel from representing any potential class members due to ethics violations. Lead counsel.

Moreno v. AutoZone, Inc.
2007 WL 1063433 (N.D. Cal. 2007)

Order dismissing the co-plaintiff and class representative for failing to disclose potential claims in prior bankruptcy proceeding.

Moreno v. AutoZone, Inc.
2007 WL 1650942 (N.D. Cal. 2007)

Order dismissing penalty claim under California's Private Attorneys' General Act as barred by the statute of limitations and declining to toll the statute or relate the claim back to the filing of the action.

Moreno v. AutoZone, Inc.
2008 WL 906510 (N.D. Cal. 2008)

Order finding waiver of work product objections by plaintiff's counsel and compelling production of class member responses to questionnaires.

Moreno v. AutoZone, Inc.
2007 WL 2462129 (N.D. Cal. 2007)

Order overruling the work product objections of plaintiff's counsel and compelling production of communications with expert witnesses.

Guglielmino v. McKee Foods Corp.
506 F.3d 696 (9th Cir. 2007)

Ninth Circuit decision denying remand and clarifying standards for establishing diversity jurisdiction. Assisted on appellate brief.

Levin v. Ligon,
140 Cal. App. 4th 1456 (2006)

Decision affirming judgment against the plaintiff due to judicial estoppels and waiver. Lead counsel for employer co-defendants.

Other Representative Cases

Patelco Credit Union v. Sahni,
262 F.3d 897 (9th Cir. 2001)
50 Fed. R. Serv. 3d 1237,
26 Empl. Ben. Cases (BNA) 2060

Ninth Circuit affirmed judgment against benefit plan fiduciary in action prosecuted on behalf of employer and awarding over $500,000 in damages and attorneys' fees for prohibited transactions, fiduciary breaches, and sanctions. The case also set standards under Fed. R. Civ. P. 63 if a judge is unable to complete the trial. Lead counsel on motions and appeal.

Brown v. The Grupe Co. (2006)
Arbitration in San Joaquin County

After months of discovery, the plaintiff voluntarily dismissed claims for age discrimination and harassment on the eve of arbitration.

Cao v. Memscap, Inc. (2004)
Alameda Sup. Ct. no. 2002-054246

Partial summary judgment entered for employer on former executive's claims for wrongful discharge, fraud, and related torts. Lead counsel.

Shalit v. Ross Stores, Inc. (2006)
Cal. Labor Commissioner

Agency entered award in favor of employer in action to recover wages based on alleged overtime misclassification. Lead counsel.

Rogers v. AutoZone, Inc. (2000)
Sacramento Sup. Ct. no. CM 00494

Jury trial entered verdict in favor of employer in action to recover wages based on overtime misclassification. Lead counsel.

Gonsalves v. Sunset Life Ins. Co.,
2000 WL 335565 (9th Cir. 2000),
158 F. Supp. 2d 1039 (N.D. Cal. 2001)

Ninth Circuit reversed prior the judgment entered against the defendant on breach of contract claim. On remand, the District Court entered summary judgment in favor of defendant, ruling that the plaintiff failed to present evidence of damages, notwithstanding the alleged breach. Lead counsel on appellate and trial court proceedings.

Cline v. The Industrial Maint. Engineering & Contracting Co.,
1998 WL 283584 (N.D. Cal. 1998), aff'd, 200 F.3d 1223 (9th Cir. 2000)

Summary judgment entered by District Court and affirmed by Ninth Circuit in favor of the employer and retirement plan on putative class action for breach of fiduciary duty, prohibited transactions, and other ERISA violations. Briefed and argued summary judgment motion.

Sample Publications and Seminars

Employment Law Class Actions

Author of Chapter 7(v), "Examining Adverse Experts & Excluding Opinion Testimony" (1st ed.)

Thomson-West,
West LegalWorks

Panelist for webcast "Latest Strategies to Minimize Exposure to Wage & Hour Litigation"

Continuing Education of the Bar

"Employee Or Independent Contractor: The Pros and Cons"

Martindale.com

Retail Horizon Issue, "Class Actions: Heading Them Off At The Pass"