Litigation | Slote, Links & Boreman, PC

Our attorneys are experienced advocates in employment cases; construction and real estate disputes; and diverse business litigation matters involving contracts, copyright, insurance, unfair competition, among other issues. We also offer ADR services including arbitration and mediation.

General Litigation and Alternative Dispute Resolution (ADR)

Our litigation practice includes business and contract disputes, employment law, and real estate and construction litigation. Our administrative law and education law practices often raise issues of constitutional law.

Robert D. "Bo" Links has over thirty years of civil litigation experience covering jury trials, appellate work and alternative dispute resolution through mediation and arbitration. Adam G. Slote has 20 years of litigation experience including jury trials, administrative hearings and appeals. Our work is not limited to traditional litigation in the courtroom, but also includes extensive experience in arbitration and mediation that spans a wide range of legal issues.

Labor & Employment Proceedings

Mr. Links brings employment law expertise to our litigation practice. We have represented both employers and employees, and we bring a reasoned, practical approach to the issues we face. Our work includes prosecution and defense of discrimination and harassment cases; counseling and training regarding discrimination laws and regulations; negotiation of settlements in disputed cases; and trying cases before courts, arbitrators and administrative tribunals.

Our practice includes appearances before various agencies, including the California Department of Labor Standards Enforcement (DLSE), the Unemployment Insurance Appeals Board (UIAB), the Public Employment Relations Board (PERB), the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).

Construction Litigation

Mr. Links also brings construction litigation expertise to our practice. We have represented owners, contractors, subcontractors, architects, engineers, surveyors and others involved in the building trades and professions. Our cases have focused on a variety of structures and projects – everything from single family residences to complex condominium projects and high-rise office buildings. We have achieved substantial success for our clients and have done so in an efficient and cost effective manner.

Articles and Case Results

Collateral Source Rule in Personal Injury Cases Clarified by California Supreme Court

Court Rules that Key is Actual Amount Paid, as Opposed to Amount BilledOne of the most important issues in any case is the amount of damages an injured party can recover. In the personal injury context, this issue is central.

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June 26, 2012

Court of Appeal Affirms Attorney-Client and Work Product Privileges; Strong Ruling Protects Discussions Between Co-Counsel and Affirms That An Attorney’s Thoughts & Impressions of a Client’s Case Are Absolutely Privileged

In Fireman’s Fund Insurance Company v. Superior Court, the California Court of Appeal for the Second Appellate District issued a strong opinion affirming the attorney-client and work-product privileges.

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July 1, 2011

Class Action Update: Class Action Waivers May be Enforced Under Federal Arbitration Act; But If the Case Stays in Federal Court, The Class Must Be Manageable. ATT Mobility v. Concepcion & Wal-Mart v. Dukes Highlight 2010-11 U.S. Supreme Court Term

When the United States Supreme Court decides a case, it is always an important event, but two cases in the 2010-2011 term were more important to litigators – especially labor and employment litigators – than others.In ATT Mobility v.

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July 1, 2011

Employers Must Reasonably Accommodate Disabled Employees; Court of Appeal Clarifies Duties When An Employee Needs to Be Moved To A Different Position

It is hornbook law that employers must “reasonably accommodate” disabled employees.

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May 6, 2011

Violent Misconduct by Employee Supports Termination under ADA or FEHA – Even if Caused by a Disability

Housing Act (FEHA) protect employees against discrimination because of their disabilities. Mental disabilities are covered under both laws.But there are two key factors that are always in play in these cases. First, the employee in question must be “otherwise qualified.

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May 6, 2011

Supreme Court Applies “Cat’s Paw” Rule: Employer is Liable In Case Where Supervisor Discriminated, Even Though Decision-Maker May Have Acted Without Bias

The “Cat’s Paw” rule is an important component of employment discrimination litigation.

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April 11, 2011

Employers & Employees Take Note: DFEH Statute of Limitations Runs From Date of Notice, Not Date of Receipt

A decision from the Second District court of appeal is fair warning to any person looking to sue for employment discrimination under California’s Fair Employment and Housing Act (Cal. Gov. Code, §§ 12900, et seq).

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April 11, 2011

No Title VII Attorney’s Fees for Successful Defendants Unless Plaintiff’s Claim is Frivolous; Burden of Proof on Defendants; Precise Analysis Requried

If a plaintiff wins an employment discrimination case under Title VII, he/she is entitled to an award of attorney’s fees. A question we are asked all the time is: what happens if the plaintiff loses? Can the defendant claim an award of fees too?The answer is: it depends.

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April 9, 2011

No Class Certification for Meal & Rest Break Case against Tenet Healthcare; Individual Issues Predominate

One of the central issues in wage & hour litigation is whether the case is suitable for class action treatment. Indeed, the class certification issue is the most contentious wage & hour issue outside of the classification question.In Tien v.

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April 9, 2011

Mediation Confidentiality – Courts are Serious About It - Even Lawyer Malpractice Can’t Crack the Code

The California Supreme Court is serious about protecting and enforcing mediation confidentiality. To be sure, the Evidence Code provides explicit protection.

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April 8, 2011