Max Fischer

In his litigation practice, Max has represented clients in a wide array of class actions and business disputes, including wage and hour violations, systemic discrimination and pay inequity, breach of contract, partnership disputes, and trade secret misappropriation. He also routinely defends companies facing claims of discrimination, ERISA, wrongful termination, and defamation, as well as in traditional labor disputes. Max has worked with clients to both enforce and seek rescission of restrictive covenants, arbitration agreements, and non-disclosure and confidentiality agreements.

Max is firmly committed to forging opportunities for clients to resolve disputes both pre- and post-filing, and has extensive experience negotiating creative class action settlements through alternative dispute resolution systems, including mediation and other private dispute resolution processes.

• First chaired and presented oral argument on behalf of a major technology company that led to decertification of a nationwide class of technical support engineers
• First-chaired the defense of a 1,400-member wage and hour class action against Southern California hospitals and obtained dismissal of certain class claims at the pleading stage and denial of class certification on all remaining claims
• Presented oral argument to the US Court of Appeals for the Ninth Circuit on behalf of a major pharmaceutical company; obtained affirmance of summary judgment he had obtained in a discrimination lawsuit brought by professional sales executive
• Presented appellant’s oral argument to the US Court of Appeals for the Ninth Circuit on behalf of a major telecommunications company on regulatory and constitutional issues of first impression; obtained reversal and judgment in client’s favor
• Presented oral argument before the US Court of Appeals for the Seventh Circuit in an appeal from a favorable verdict in civil rights action; obtained affirmance of verdict and damage awards
• First-chaired the defense in a baseball style arbitration where he represented an employer whose exposure in stock option dispute with former executives exceeded $8 million; obtained complete judgment in client’s favor
• First-chaired the defense in five arbitrations for a national utility company in various labor-related disputes; obtained complete judgment in client’s favor in each arbitration
• First-chaired the defense in a collective Fair Labor Standards Act action brought by highly compensated utility employees seeking overtime premiums; obtained summary judgment on all claims in client’s favor
• First-chaired the defense in an ERISA breach of fiduciary duty class action brought by retirees seeking enhanced pension and medical benefits; obtained denial of class certification
• First-chaired the defense in two arbitrations for a national transportation vehicle manufacturer and maintenance provider involving labor-related disputes; obtained complete judgment in client’s favor in each arbitration
• First-chaired the defense in a Title VII and breach of contract arbitration brought by a highly compensated sales representative against a national manufacturer of computer hardware; obtained complete judgment in client’s favor
• First-chaired the defense in a breach of contract and defamation arbitration brought by an insurance broker against a healthcare insurance provider; obtained award limited to uncontested amounts in client’s favor