Overview

Michael F. McCabe provides litigation services, advice and counseling to a broad range of employers on a wide range of employment issues. He handles:

  • Discrimination and harassment
  • Wage and hour matters
  • Trade secret protection and restrictive covenants
  • Discipline and discharge
  • Leaves of absence under federal and state laws and local ordinances
  • Internal investigations

He also is highly experienced in negotiating offer letters, employment agreements, proprietary information agreements and separation agreements.

For almost 30 years, Michael has litigated, arbitrated and mediated employment cases before administrative agencies and state and federal courts. His litigation experience includes matters involving:

  • Unfair competition
  • The Uniform Trade Secrets Act
  • Wage and hour claims
  • Wrongful termination
  • Sexual harassment
  • Age discrimination
  • Disability discrimination
  • Title VII
  • Non-solicitation and non-competition
  • The California Private Attorney General Act

His litigation successes include the representation of:

  • An educational institution in wrongful termination claims by senior managers
  • Several retail clients in wage and hour class actions
  • A technology company in a trade secrets case against two former employees, obtaining a temporary restraining order and preliminary and permanent injunctions
  • A software company in trade secret and unfair competition litigation, in which he obtained a temporary restraining order and preliminary and permanent injunctions
  • A staffing company in the trial of a California Private Attorney General Act lawsuit

He also conducted an internal investigation of allegations of whistleblower retaliation by employees of a national laboratory, and prosecuted a trade secret and non-competition lawsuit on behalf of a technology start-up company.

Michael is currently a member of the firm's Pro Bono Committee. In law school, he was associate editor of the Hastings Law Journal.

Professional and Community Affiliations

Member, Board of Directors

San Francisco Greater Bay Area Community Leadership Board

American Diabetes Association

Recognition

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Thurston Honor Society

Order of the Coif

Speaking Engagements

Update and Refresher on California Employment Law

ADP

December 10, 2010

Conducting an Effective Internal Investigation

Department of Energy Contractor Attorneys’ Association

Education

  • J.D., University of California, Hastings College of the Law, 1983
  • B.A., University of California, Los Angeles, 1979 cum laude

Bar Admission

California

Courts

  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California