David A. Lowe
Partner
“We earn the trust of our clients by bringing experience, skill, and integrity to every case. I am dedicated to achieving the best possible outcome for my clients in even the most difficult situations.”
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David joined the Firm in 1996 and brings extensive trial and negotiation experience to every client engagement. Thoughtful reflection and integrity guide his client advocacy: whether helping a sexual harassment survivor share her story in a highly publicized court case or guiding a start-up founder through a confidential private equity buyout.
David represents C-level executives, founders, and partners in a wide range of tech economy and other fields, including life sciences, a.i., finance, and entertainment. He has developed valuable experience negotiating with—and, when necessary, going to trial against—the world’s largest and best- known public and private companies, as well as prominent private equity and venture capital firms. He also passionately represents employees, including low wage workers, who have been discriminated or retaliated against, harassed, wrongfully terminated, or denied fair pay for their work. In addition to representing clients, David serves as a neutral mediator, with a highly successful record of assisting parties to resolve their disputes.
David has been honored as California Lawyer “Attorney of the Year” for his “extraordinary achievement” in employment law and has been voted by his peers as one of the “Top 100” lawyers in Northern California every year since 2013, as a Northern California “SuperLawyer” since 2007, and as the San Francisco “Lawyer of the Year” for Employment Law or Employment Litigation for three years in a row.
David is also dedicated to working in the public interest and has served on the boards of numerous non-profit and legal organizations, including as Chair of the Lawyers Committee for Civil Rights in the Bay Area.
Cases and Representative Clients
Community and Professional Involvement
Honors and Awards
Education
Articles, Publications, and Presentations
Cases and Representative Clients
- Clients and Companies: High profile senior executives, partners, founders, scientists, engineers, and principals at numerous tech, finance, entertainment, and other firms focused on social media, a.i., surgical robotics, fintech, autonomous vehicles, energy, healthcare, chip fabrication, private equity, etc.
- Litigation: Lead trial counsel in numerous jury trials, court trials, and arbitrations, recovering millions of dollars in verdicts and awards in wrongful termination, discrimination, retaliation, and defamation cases, as well as significant compensation disputes involving unpaid bonuses, commissions, and equity. Examples include $4 million recovered after jury trial in a whistleblower retaliation and defamation case; $3.5 million recovered after jury trial in a disability discrimination case; $105 million awarded by court after two-month trial in a wage and hour class action (reversed on appeal); over $1 million recovered after arbitration of commission dispute.
- Negotiation: Negotiated $11 million separation payment for female tech executive in gender discrimination case; $5 million bonus payment to founder of life sciences company in breach of contract case; $2 million settlement for whistleblower at medical device company; multi-million dollar cash and equity settlement in sexual harassment case against social media start-up; equity vesting for founder of biotech firm; etc.
- Counseling: Advised high profile executives caught in the middle of highly publicized trade secret litigation between two tech companies; co-founders negotiating an exit following acquisition; public company CEO separation; top-ranked equity analyst transitioning between investment firms; VC partner exiting firm; etc.
Community and Professional Involvement
- Lawyers Committee for Civil Rights in the Bay Area
- Board of Directors; Board Chair (2019)
- Bar Association of San Francisco
- Board of Directors (former)
- Chair, Labor & Employment Section (former)
- Executive Committee, Labor & Employment Section
- Fellow, College of Labor & Employment Lawyers
- International Bar Association
- Chair, Discrimination and Equality Law Committee (former)
- California Employment Lawyers Association
- Chair, Legislative Committee (former)
- Family Equality Council
- Board of Directors (former)
- Pride Law Fund
- Board of Directors (former)
- Berkeley Law Foundation
- Board of Directors (former)
- President (former)
- American Bar Association, Labor & Employment Section
- National Employment Lawyers Association
- Supervising Attorney for the Workers’ Rights Clinic
Honors and Awards
- California Lawyer “Attorney of the Year” for Employment Law (2008)
- Best Lawyers in America / Wall Street Journal San Francisco “Lawyer of the Year” for Employment Law (2016)
- Best Lawyers in America / Wall Street Journal San Francisco “Lawyer of the Year” for Employment Litigation (2017, 2018)
- Northern California SuperLawyer (2007-2022)
- Top 100 Lawyers in Northern California (2013-2020)
- Daily Journal “Leading Labor & Employment Lawyers in California” (2010-2016)
- Fellow, College of Labor & Employment Lawyers
- AVVO Top Tier 10/10 rating
- Martindale Hubble “AV Rated: Highest possible rating in both legal ability and ethical standards.”
- Lawdragon “Leading Plaintiff Lawyer” (2020)
Education
- University of California, Berkeley – School of Law
- J.D. – 1995
- President, Berkeley Law Foundation
- Managing Editor, Berkeley Journal of Gender Law and Justice (formerly Berkeley Women’s Law Journal)
- Emory University
- B.A. – 1992, Phi Beta Kappa
- Majors: Philosophy, English Literature
Articles, Publications, and Presentations
Books:
- California Practice Guide: Employment Litigation (with California Supreme Court Justice Ming W. Chin, California Court of Appeal Justice Rebecca A. Wiseman (ret.) and Ninth U.S. Circuit Court of Appeals Judge Consuelo Maria Callahan) (The Rutter Group 2015)
- Library of California Employment Law Forms (with John T. Mullan) (ALM Media 2012)
- Chapter Author, “Litigation of International Employment Disputes,” International Labor and Employment Laws (BNA, 3rd ed. 2009 and cumulative supplement 2010-2019)
- Chapter Author, “International Alternative Dispute Resolution,” ADR in Employment (BNA 2015).
- Chapter Author, “Employee Use of Social Media,” (with Richa Amar) Discipline and Discharge in Arbitration (BNA, 3rd ed. 2015).
Articles and Presentations:
- “Mediation Tips and Tricks,” Bar Association of San Francisco (San Francisco, California July 2015)
- California Employment Lawyers Association Trial College, presenter and trainer (San Francisco, California, June 2015)
- “The Never Ending Story: Arbitration Agreements and Employment Law,” State Bar of California Labor and Employment Section webinar (June 2013)
- “Understanding Gender to Master Negotiations,” San Francisco Trial Lawyers Association (San Francisco, California May 2013)
- “Mediation of Employment Disputes,” California Judges Association / The Rutter Group (Los Angeles, California, February 2013)
- “Employment Law Roundtable,” The Recorder Roundtables (San Francisco, California September 2012)
- “Hot Topics in Employment Class Actions,” Bar Association of San Francisco Labor and Employment Law Section of the Barrister’s Club (San Francisco, California August 2012)
- “Brinker v. Superior Court: Impact on Meal and Rest Break Class Actions in California,” The Rutter Group seminar (San Francisco, California April 2012)
- “The Challenges of Cross-Border Investigations,” (moderator), International Bar Association Labour, Employment and Discrimination Law Conference (New York, New York, March 2012)
- “Litigation and Alternative Dispute Mechanisms for Resolving Cross-Border Employment Disputes,” American Bar Association national webinar (March 2012)
- “Employment Law in California from Pugh to the Present” (moderator), Bar Association of San Francisco Labor & Employment Section Annual Conference (Yosemite, California, February 2012)
- “New Penalties for Misclassification of Independent Contractors,” Bar Association of San Francisco seminar (San Francisco, California, January 2012)
- “Use of Experts in Wage and Hour Litigation,” American Bar Association Labor & Employment Conference (Seattle, Washington, November 2011)
- “Extraterritorial Application of Human Rights Law,” (moderator), International Bar Association Annual Conference (Dubai, UAE, November 2011)
- “Wage and Hour Class Actions: View from the Plaintiffs’ Bar,” American Conference Institute’s Wage and Hour Litigation Conference (San Francisco, California, October 2011)
- “Impact of Dukes and Concepcion on Class Actions and Arbitration in California,” Practicing Law Institute Employment Law Conference (San Francisco, California October 2011)
- “Practical Implications of Employee Misclassification,” LSI Telebriefing (September 2011)
- “ADR: Issues and Trends,” State Bar of California Labor and Employment Section seminar (San Francisco and Los Angeles, California, February 2011)
- “The Future of Class Action Practice in California,” (moderator), Bar Association of San Francisco Labor & Employment Section Annual Conference (Yosemite, California, February 2011)
- “Litigating Disability Discrimination Cases,” State Bar of California Labor & Employment Section seminar (San Francisco, California, February 2011)
- “Global Peace in Five Easy Steps,” The Recorder ADR Supplement (ALM Media October, 2010)
- “Human Rights Crisis: State Sanctioned Violence Against LGBT Persons,” (moderator), International Bar Association Annual Conference (Vancouver, Canada, October 2010)
- “The Next Wave of Employment Litigation,” The Recorder (ALM Media August 10, 2010)
- “Fundamentals of European and Canadian Employment Law,” American Bar Association Labor & Employment Section Annual Conference (Washington DC, November 2009)
- “San Francisco Superior Court Boot Camp: Motions and Trial Practice From Start to Finish (4th Annual),” Pincus Professional Education (San Francisco, California, October 2009)
- “Employment Rights as Human Rights,” (moderator), International Bar Association Annual Conference (Madrid, Spain, October 2009)
- “Direct and Cross-Examination of a Retaliation Plaintiff,” Practicing Law Institute (San Francisco, California, October 2009)
- “Enforcing the Employment Rights of American Workers Abroad,” GP Solo Magazine (American Bar Association, September 2009)
- “The Convergence and Harmonisation of Global Labour and Employment Laws – the Current Legal Framework,” International Bar Association Labour, Employment and Discrimination Law Conference (Berlin, Germany, April 2009)
- “The New COBRA Requirements: A Management, Union and Plaintiff Perspective on What has Happened and What to Do About It.,” Bar Association of San Francisco speaker program (San Francisco, California, March 2009)
- “What U.S. Lawyers Need to Know About International Employment Law,” Bar Association of San Francisco Labor and Employment Section Annual Conference (Yosemite, California, February 2009);
- “Gender Equality in Bar Associations,” (moderator), International Bar Association Annual Conference 2008 (Buenos Aires, Argentina, October 2008);
- “Ensuring Ethical Conduct When Litigating and Settling Wage and Hour Claims,” American Conference Institute’s 6th Annual National Wage & Hour Claims and Class Actions Seminar (San Francisco, California, October 2008);
- “Military Leave and the Workplace at War: USERRA Overview and Update,” Practicing Law Institute’s 37th Annual Institute on Employment Law (San Francisco, California, September 2008);
- “What Labor and Employment Lawyers Need to Know about International Labor and Employment Law.” American Bar Association Section of Labor & Employment Law Conference (Denver, Colorado, September 2008);
- “Doing Business in the Pacific Rim: One Size Does Not Fit All,” (moderator), Bar Association of San Francisco International Employment Law Symposium “Employment Law Goes Global-Focus on Asia and the Pacific Rim” (San Francisco, California, May 2008);
- “Review of Developing International Legal Standards,” (moderator), International Bar Association Labour, Employment and Discrimination Law Conference (London, U.K., April 2008);
- “Employment Litigation 2008,” California Judges Association/The Rutter Group Annual Employment Litigation Update (San Diego, California, January 2008)
- Chapter Chair, “Attorneys’ Fees,” Employment Discrimination Law (Lindemann and Grossman, eds.) (BNA 4th ed. 2007);
- “Mediation of Cross-Border Discrimination Claims,” (moderator), International Bar Association Annual Conference (Singapore, October 2007);
- “Military Leave and the Workplace at War: USERRA Overview and Update,” Practicing Law Institute’s 36th Annual Institute on Employment Law (San Francisco, California, October 2007);
- “Impact of New Federal and California Wage and Hour Requirements and Regulations,” American Conference Institute’s Wage and Hour Litigation Conference (San Francisco, California, October 2007);
- “Recent Developments in Cross-Border Employment Litigation,” American Bar Association National Conference on Equal Employment Opportunity Law (Charleston, South Carolina, March 2007);
- “Current Hot Topics in International Employment and Labor Law,” State Bar of California 2006 Annual Conference (Monterey, California, October 2006);
- “Using U.S. Courts to Prosecute Social Responsibility Cases” (moderator), Bar Association of San Francisco’s International Employment Law Symposium (San Francisco, California, October 2006);
- “Anatomy of a Wage and Hour Class Action,” Bridgeporte Continuing Education’s Wage & Hour Litigation Conference (San Francisco, California, October 2006);
- “Sources of Legal Protection for American Workers Overseas,” American Bar Association National Conference on Equal Employment Opportunity Law (San Diego, California, March 2006) and reported in 26 Employment Discrimination Report No, 14, p. 432 (BNA April 5, 2006);
- “Strength in Numbers: Group Litigation Goes Global- Challenges and Opportunities for International Development of Class Action Litigation,” Los Angeles County Bar Association International Employment Law Symposium (Los Angeles, California, April 2006)
- “Navigating International Employment Litigation: The Logistics of Serving Documents, Conducting Discovery and Enforcing Judgments Across Borders,” Practicing Law Institute’s 34th Annual Institute on Employment Law (San Francisco, California, November 2005)
- “Case Closed: the Effective Use of Technology in Closing Arguments,” Bar Association of San Francisco’s Bench/Bar Conference with the San Francisco Superior Court (San Francisco, California, November 2005)
- “Sex, Drugs and Rock and Roll: Employer Regulation of Workplace Romance, Health and Off-Duty Conduct,” Contra Costa Bar Association CLE Seminar (Walnut Creek, California, November, 2005)
- “Using Class Actions to Combat Gender Discrimination: An International Perspective,” 2005 Conference of the International Bar Association (Prague, Czech Republic, September 2005);
- “Proving Prejudice: Evidentiary Issues at Trial,” California Employment Lawyers Association Annual Conference (Plenary Session) (San Francisco, California, September 2005)
- “Overtime Requirements and Exemptions: Litigation of Overtime Claims,” Lorman Educational Services (San Francisco, California, September 2005)
- “You Know How to Whistle, Don’t You? Sarbanes-Oxley Whistleblower Protections and Some State Law Alternatives,” Bender’s California Labor and Employment Bulletin, Vol. 2004, No. 6, 2004;
- “Your Legal Rights” radio program with Chuck Finney (December 2004)
- “Effective Use of Statutory Offers to Compromise,” (with Mark S. Rudy), 2004 California Employment Law Reporter, Issue No. 3, March 2004;
- “Age Discrimination in Employment Law: A Comparative Analysis,” 2003 Conference of the International Bar Association (San Francisco, California, September 2003)
- “Tools and Techniques for Winning Jury Trials: Focus Groups, Jury Consultants, and Technology in the Courtroom,” San Mateo County Bar Association Speaker Series (Redwood City, California, April 2003)
- “Employment Law Practice: 12th Annual Recent Developments,” Continuing Education of the Bar (San Francisco, California, March 2003);
- “Ten Steps to Winning a Summary Judgment Motion,” Practicing Law Institute’s 31st Annual Institute on Employment Law (San Francisco, California, November 2002);
- “Employment Law Practice: 11th Annual Recent Developments,” Continuing Education of the Bar (San Francisco, California, March 2002);
- “Litigation of Overtime Claims in California,” Association of Defense Counsel (San Francisco, California, February 2002)
- “Keeping the Employer Out of Court,” Lorman Education Services (San Francisco, California, December 2001)
- “Taking Stock: When Employers Fire Employees to Recapture Stock Options,” California Litigation: The Journal of the Litigation Section, State Bar of California, Vol. 14, No. 2, 2001;
- “Wrongful Discharge Claims and Collateral Torts,” Practicing Law Institute’s 30th Annual Institute on Employment Law (San Francisco, California, November 2001);
- “Paying the Piper: Litigation of Unpaid Bonus and Commission Claims in California,” San Mateo County Bar Association Speaker Series (Redwood City, California, October 2001)
- “HIV Study Raises Ethical Concerns for the Treatment of Pregnant Women,” Recent Development, 10 Berkeley Women’s Law Journal 176 (1995).