Attorneys

Education/Honors

• University of California at Davis School of Law, J.D., Editor-in-Chief, U.C. Davis Law Review, 1982
• Stanford University, A.B., with Distinction, Phi Beta Kappa, 1979

Representative Cases

• Obtained a jury verdict on behalf of defendant in a race-discrimination case in federal court
• Obtained a jury verdict on behalf of an employer against a former employee for unfair competition and in favor of the employer on a cross-complaint for wrongful termination
• Successfully represented an employer and management employees (obtained a judgment of dismissal that was upheld on appeal) in a claim for deprivation of due process and defamation brought by an employee who had been disciplined by the employer for sexual harassment of his female co-employees
• Obtained summary judgment (upheld on appeal) for employer and manager on employee's claim of defamation

Professional Admissions

• State Bar of California, 1982 to present
• United States District Court, Northern, Eastern, and Central Districts of California

Presentations

• "Annual California Employment Law Update," Berliner Cohen Employer Update Series, 2006 - present
• "Annual California Employment Law Update," Central Coast Human Resources Association, 2003, 2006 - 2012
• “Pitfalls & Protections of Document Retention Policies,” Berliner Cohen Breakfast Series, 2010
• “Social Networking and California Employment Law,” 2010
• "Legal Ethical Pitfalls and How to Avoid Them," Santa Clara County Bar Association, January 2005 to 2011
• "Recognizing and Preventing Sexual Harassment," various Silicon Valley companies, 2003 - present
• "Managing Within the Law," various Silicon Valley companies, 2005 - present
• "Drafting Corporate Agreements - Employment Agreements," Practising Law Institute, January 2006 - 2009
• "Employee/Employer Relations: From Managing Leaves of Absence to Mandatory Sexual Harassment Training," State Bar of California Annual Meeting, October 2006
• "Ethics and the Government Lawyer," California County Counsel Association, April 2005
• "Hiring Your Competitor’s Employees Without Stirring the Trade Secrets Hornets’ Nest," ACS Annual Meeting, Division of Law and Chemistry, March 2005

Articles/Publications

• Drafting Corporate Agreements 2009 (Practising Law Institute), “Employment Agreements: Offer Letters to Severance Agreements,” Chapter 2

Activities/Memberships

• Lincoln Law School, Faculty, Employment Law
• Santa Clara County Bar Association, Professional Responsibility Rules Revision Task Force, Chair, 2007-2010
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• Santa Clara County Bar Association, Past President, 1996; Past Secretary, 1994; Past Chair, Civil Practice, Minority Access and Long Range Planning Committees
• Law Foundation of Silicon Valley, Past President, 2001 - 2002
• Ninth Circuit Judicial Conference, Lawyers’ Representative, 2003 - 2005
• Santa Clara County Superior Court, Alternative Dispute Resolution Committee and Bench / Bar / Media / Police Committee, Member
• San Jose Sports Hall of Fame, Board of Directors, 2000 - 2008
• San Jose Sports Authority, Board of Directors, 2007 - present; Vice-Chair, 2008 - present
• Society of Human Resource Management (SHRM), California Certification Advisory Committee, Member, 2008 – present
• Hospice of the Valley, Member, Board of Directors, Chairman-Elect, 2007 - present

Personal

• Born in San Jose, California
• Resident of Los Gatos since 1987
• Married with children
• Interests include skiing, hiking, and quilt-making

Roberta S. Hayashi

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