Mark Terman

Mark E. Terman is a results-driven litigator whose work extends from restrictive covenants, trade secret, fraud and other business torts and employee misconduct; to wrongful termination, discrimination and sexual harassment, wage & hour, and unfair labor practices matters; and to corporate/shareholder disputes – from case inception to injunction, summary judgment and trial proceedings.

His counseling work includes claim prevention, crisis management/mitigation, investigation, M&A, contract/equity/executive compensation, competitive business practices/restrictive covenants, trade secret protection and counter-measures, and outside general counsel services. Mark is national Vice Chair of the firm’s Labor and Employment Group and Co-Chair of the Group’s Crisis Management Team.

Mark is the author of numerous articles and has been quoted on employment law and litigation issues including, television news, Inside Counsel, Law360, Society of Human Resource Professionals’ SHRM Online, HREonline, Laborsphere, Los Angeles Daily Journal, California CPA Magazine, and the Washington Post.

He is also a frequent speaker to companies, trade associations and to professional organizations, such as the Association of Corporate Counsel (So. Cal.), HR Star Conference, and California CPA Education Foundation.

Experience :

• Led Drinker Biddle team that won dismissal of two putative class action matters brought in multiple states against an administrator of self-directed individual retirement accounts. Two federal Courts of Appeals have affirmed the judgments of dismissal.
• Quarterbacked and led Drinker Biddle, client and third-party investigative and forensic teams, and worked in cooperation with the FBI and United States Attorney’s Office, in a major fraud embezzlement matter that culminated in the conviction and jail of, and near complete restitution made to the client by, the former executive. Professional fees were recovered from client’s insurer.
• Resolved a federal court civil rights action brought against our corporate client, a defense contractor deployed at a U.S. Military base, in which severe intentional race discrimination was alleged. The action settled at mediation on a confidential basis for a modest fraction of the demand. Settlement was reached at a second mediation with those who were not named plaintiffs.
• At the request of a company in which a majority interest was being sold to a third-party, handled executive employment and equity contracts for the executive management team to be effective after the change of control.
• Led the Drinker Biddle team who won a labor arbitration that denied an unjust discharge grievance brought by a maintenance worker who was employed by our client, a U.S. Army contractor.
• Won a defense award at labor arbitration over a union’s wage claims brought on behalf of entire workforce against U.S. Navy contractor. Teamsters Local 533 v. Chugach Support Services, Inc., 2005 WL 2693582, 121 Lab. Arb. (BNA) 818.
• Defended claims of artists who alleged that client violated the California Talent Agency Act and who sought disgorgement of all fees paid to client. Confidential settlement reached at mediation for a fraction of the amounts sought.
• Prosecuted and obtained restraining order on unfair competition and theft of trade secret claims against technician firm that serviced client’s electronics business.
• Defended owners and their companies against fraud and breach of fiduciary duty claims of claimant seeking co-ownership and damages of $10 million. Obtained summary judgment on all claims prior to trial.

Education :

• University of California, Hastings College of the Law, August 1986, Trial College for Practicing Attorneys
• Loyola Law School, Los Angeles, J.D., 1983, Loyola Law Review, Extern for Hon. Justice Clarke E. Stephens of California Court of Appeal, Second District
• University of California, Los Angeles, B.S., 1979

Bar Admissions : California, District of Columbia

Court Admissions :

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