Representative Matters

Discrimination, Harassment, and Retaliation

Mr. King has successfully litigated numerous cases involving allegations of various forms of discrimination, harassment, and/or retaliation. Many of the cases have allegations of overt, unlawful bias, and additional cases contend that other unlawful activities were motivated by bias. Recent examples include the following:

Case alleging age and disability discrimination against a major insurance company. Case was resolved pre-litigation with a confidential settlement following extensive negotiations.

Case alleging age and gender discrimination against a prominent sports venue. Case was resolved pre-litigation in mediation with a confidential settlement.

Case alleging age, disability, and gender discrimination against a major recreational facility. Case was resolved pre-litigation in mediation with a confidential settlement.

Case alleging sexual battery, sexual harassment, and gender discrimination at a major entertainment venue chain. Case was resolved in mediation after litigation in California state court.

Case alleging retaliation by a governmental employer. Case was resolved in mediation after litigation in California state court.

Represented a female former employee at a Silicon Valley software company.  The company hired our client to generate sales leads, and promised to pay her commissions resulting from those leads.  She was the only female working in the sales department.  She was subject to snickering and made to feel unwelcome by male sales department personnel who felt threatened by her.  When our client was successful in generating leads, the company refused to pay her sales commissions.  This matter was resolved following litigation in California state court.

Represented a female salesperson at a national hardware industry chain.  When our client informed her male supervisor that she was pregnant, the supervisor’s treatment of her immediately changed for the worse.  When she returned from maternity leave, the supervisor instituted unreasonable procedures specific to her, and threatened to fire our client for any violations.  The male supervisor further instituted his own mandated breast-milk pumping schedule for our client, and further mandated that it be done in an unsuitable location.  When our client was unable to comply, the supervisor terminated her.  This matter was resolved following litigation in federal court.

Represented a female, financial services industry executive against her former employer, a financial institution.  Our client raised concerns with her employer that its vetting of a wealthy new customer was deficient and violated federal regulations.  The institution terminated our client for raising her concerns and for not fitting into the “boys’ club” culture.  This matter was resolved following litigation in arbitration.

Represented a female partner in a start-up food-service business.  A male partner denied her access to critical financial information, and she became concerned about potential misappropriation of funds.  He eventually verbally berated her to such a degree that she no longer felt safe coming to work.  We obtained a court-ordered injunction in California state court to stop the concealment of financial information.  The male partner then declared bankruptcy and the matter is proceeding in bankruptcy court.

Represented a woman whose husband died following outpatient surgery. Following the surgery, her husband had returned home. When he begin to experience alarming complications, our client called the male surgeon to report them. The surgeon minimized her concerns, made her feel embarrassed for calling him, and told her everything was normal. Several hours later, her husband could no longer breathe, was rushed to the hospital, and died a few days later. This matter was resolved following litigation in California state court.

Represented a female middle school student who was burned while performing a science class experiment.  The school’s initial reaction was to blame our client’s female friend for being careless and causing the accident because she was wearing a long-sleeved shirt with loose sleeves.  In fact, the school’s safety instructions, safety procedures, and safety equipment were woefully deficient for dangerous experiments, and neither our client nor her friend were negligent in any way.  This matter was resolved pre-litigation in mediation.

Currently representing a former female employee of the California Department of Corrections and Rehabilitation (“CDCR”) in a case alleging gender discrimination, sexual harassment, and retaliation. This matter is proceeding in California state court.

Currently representing a former female employee of a nursing home in a case alleging sexual battery, sexual harassment, and gender discrimination. This matter is proceeding in California state court.

Currently representing various other individuals in cases that are pre-litigation and in discussions with opposing counsel regarding possible resolution.

Sports Law

Served as one of the lead plaintiffs’ attorneys in In re NCAA Student-Athlete Name & Likeness Licensing Litigation (also known as the Ed O’Bannon and Sam Keller cases), a federal class action.  In this matter that drew intense national interest, represented classes of current and former NCAA men’s Division I basketball and football players who contended that the NCAA, Electronic Arts, and others unlawfully used the players’ images and likenesses in video games and television rebroadcasts.  Case resulted in $40 million in settlements and significant injunctive relief.

Served as one of the lead plaintiffs’ attorneys in Alston v. NCAA, a class action case challenging the NCAA’s restrictions on the types of expenses that college athletic scholarships could cover for athletes. Cases resulted in a $208 million settlement and significant injunctive relief.

Represented retired NFL players in a right of publicity class action against the NFL, captioned Dryer v. National Football League, in which the plaintiffs contended that the NFL wrongfully used retired players’ images in NFL Films’ productions.  Case resulted in a $50 million settlement.

Represented retired NFL players in ongoing high-profile concussion-related litigation against the NFL.

Represented youth soccer players in a concussion-related class action against the international and national governing bodies of soccer; resulted in settlement with landmark reforms in handling of concussions.

Represented numerous other athletes, amateur and professional, male and female, in many other matters involving colleges / universities, athletics governing bodies.

Trials / Arbitration

We are committed to taking your case the distance, including through trial and/or arbitration, and including through all appeals. Mr. King’s recent experience includes:

Trial - On behalf of his client, Mr. King solely handled one of the few in-person trials during the height of the COVID-19 pandemic in Contra Costa County Superior Court, and successfully obtained a verdict in favor of his client.

Trial - Mr. King served as co-lead counsel for a Plaintiff in a jury trial in Marin County Superior Court in which we obtained a successful verdict on her behalf. Mr. King handled the opening statement, the cross-examination of the defendant, and direct examination of an expert witness.

Trial - Mr. King served as sole trial counsel in an adversary proceeding in the United States Bankruptcy Court, Northern District of California, and handled all aspects of the trial after out-of-state counsel was unable to attend.

Arbitration - Mr. King was retained, one week before the arbitration hearing (the equivalent of a trial) by a client that had been representing herself. Mr. King solely handled all aspects of the hearing (opening statement, direct and cross-examination of all witnesses, and closing statement) and successfully obtained an arbitration award in favor of his client.

Appeals - Mr. King presented oral argument before the United States Court of Appeals for the Eighth Circuit in a matter in which the court upheld a $50 million settlement for former NFL players whose names, images, and likeness were used by the NFL in various ways.

Mr. King also partners with various prominent trial attorneys depending on the case status and needs.

Mr. King’s pre-trial / pre-arbitration hearing experience includes all phases of cases preparation, including taking and defending hundreds of depositions of parties, witnesses, and expert witnesses, hundreds of court appearances arguing motions and pre-trial matters, extensive legal writing in hundreds of motions and other legal briefs, extensive experience in written discovery (obtaining documents and other forms of written evidence).