408-286-5800

Attorneys

Roberta S. Hayashi

Partner

Ms. Hayashi has over twenty-five years experience representing and advising Silicon Valley employers in employment and business litigation. She has trial experience in wrongful termination, discrimination, and misappropriation of trade secrets and proprietary information actions in both state and federal court. In June 2003, she was named one of the “Top 50 Women Litigators” in California by The Daily Journal. In 2007 and 2008, Ms. Hayashi was recognized as a Northern California Super Lawyer by Law & Politics and in the Super Lawyers Corporate Counsel edition in the area of Employment Litigation Defense.

Ms. Hayashi was recently honored for her outstanding contributions to the community and the profession by the Santa Clara County Bar Association with its prestigious 2007 Salsman Award.

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

"Employment Law Update," Berliner Cohen Breakfast Series, 2006, 2007 and 2008
"Employment Law Update," Central Coast Human Resources Association, 2003, 2006, 2007 and 2008
"Legal Ethical Pitfalls and How to Avoid Them," Santa Clara County Bar Association, January 2005, 2006, 2007 and 2008
"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, 2007, and 2008
"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
"Drafting and Administering a Hiring Policy," Kroll Seminar, October 2004
"Family and Medical Leave Act in California," Lorman Education Services, June 2003

Activities/Memberships

Lincoln Law School, Faculty, Employment Law
Santa Clara County Bar Association, Professional Responsibility Rules Revision Task Force, Chair, 2007-2008
Santa Clara County Bar Association Federal Courts Committee, Co-Chair, 2006
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, 2007 - present