• BDG Recent Results (September 2013)

    Posted September 17, 2013 By in Recent Results With | No Comments

    The results mentioned are representative and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.


    1. Bergman Dacey Goldsmith was retained by a leading multi-brand California company listed on the NASDAQ to defend it and one of its corporate divisions in pending litigation brought against the corporate defendants under California tort and contract theories. After a 10-day court trial, the trial judge awarded the plaintiff monetary damages of only one percent (1%) of plaintiffs’ pretrial demand; the awarded damages comprised only a small fraction of the defendants’ statutory Offer of Compromise. Highly-skilled drafting, legal analysis and research, oral argument, witness preparation, and trial execution resulted in the trial judge: (1) granting key defense motions in limine to exclude anticipated expert opinions and punitive damages; (2) finding the defense percipient and expert witnesses and corporate financial data to be credible; and (3) granting the defendants’ motion for judgment, which dramatically reduced the scope of plaintiff’s tort claims and potential monetary recovery. “Real-time” adjustments during the trial and a committed trial team, both inside and outside of the courtroom, made such a favorable result possible.

    2. In a case recently resolved, Bergman Dacey Goldsmith leveraged a sweeping victory on a motion for a preliminary injunction in an unfair competition case into a favorable settlement by which the defendant competitors essentially ceased doing business. Bergman Dacey Goldsmith represented the manufacturer of a plumbing product used throughout the world. Before retaining Bergman Dacey Goldsmith, the manufacturer had sued the manufacturer-distributor and inventor of a competing product that did not comply with State and local codes and was being marketed with false or misleading advertising. Immediately upon taking over the case, Bergman Dacey Goldsmith initiated broad-ranging discovery to gather the evidence that would support a motion for a preliminary injunction against the defendants’ unfair marketing activities. The motion was filed within 60 days and was granted. The manufacturing defendant responded by seeking bankruptcy protection before the injunction order could be signed. After relief from the bankruptcy stay was obtained, Bergman Dacey Goldsmith obtained the injunction order and then defeated the defendant’s motion for reconsideration. At that point, with the defendants’ ability to compete severely compromised, our client was able to negotiate a settlement by which, in exchange for a modest payment, the defendants agreed to a stipulated order barring them from ever selling the competing product anywhere in North America and granting our client a right to monitor its operations to ensure compliance with the settlement.

    3. Bergman Dacey Goldsmith represented a publicly traded company in a lawsuit where the client was the defendant. The plaintiff claimed intellectual property violations. Through aggressive actions at the pleading stage, Bergman Dacey Goldsmith was able to have the complaint dismissed with prejudice at the very early stages of litigation.


    1. Bergman Dacey Goldsmith represented a community college district in a dispute with a contractor over substandard work performed by the contractor. After prolonged settlement negotiations failed to resolve the matter, Bergman Dacey Goldsmith filed a lawsuit against the contractor on behalf of the community college district. Rather than incurring substantial litigation costs, Bergman Dacey Goldsmith suggested to legal counsel for the contractor that the parties agree to mediation prior to substantial costs being incurred by the parties. The parties went to mediation and were able to resolve the dispute.

    2. Bergman Dacey Goldsmith recently represented one of the largest county departments of education in the purchase of real estate to build a school. The transaction involved environmental issues as well as working with the city to ensure a smooth working relationship for all parties involved. Bergman Dacey Goldsmith will also assist the district in its contracts with the architect, contractor, and constructionmanager to help with the completion of the project.


    1. In a matter where one of Bergman Dacey Goldsmith’s municipal clients was not being paid for certain parking space rentals that it had been providing to a neighboring property, Bergman Dacey Goldsmith’s attorneys quickly and efficiently demanded from and negotiated payment with a receiver (who had been appointed by the court to manage the subject property). After several discussions with the receiver, the receiver agreed to pay our client a substantial sum of money for the parking space rentals. Our client accepted the settlement and recovered those sums without having to incur litigation expenses.

    2. Bergman Dacey Goldsmith represented a city in successfully opposing a petition for writ of mandate regarding the dismissal of a police officer. The officer had contested his dismissal at an administrative hearing before the Civil Service Board, which sustained charges against the officer relating to him visiting massage parlors, and then in the Superior Court after the city council terminated the officer. Before the Superior Court, the officer claimed multiple procedural irregularities in the administrative appeal, as well as that the findings were not supported by the evidence and that his termination constituted an abuse of discretion. Bergman Dacey Goldsmith successfully countered each of the officer’s legal and factual points with strong briefing and persuasive oral argument at the trial of the petition. As a result, Bergman Dacey Goldsmith convinced the Superior Court that the termination should be upheld; accordingly, judgment was entered in favor of our client, the city. So strong were the points raised by Bergman Dacey Goldsmith that the officer did not seek any further appellate review of his termination.

    3. In an ongoing civil litigation matter wherein Bergman Dacey Goldsmith is prosecuting causes of action sounding in breach of contract, accounting, conversion, and fiduciary duty to recover millions of dollars in dispute on behalf of one of its municipal clients, the primary defendant in the lawsuit and its former counsel (on his own behalf) sought interlocutory appellate relief from the California Court of Appeal with regard to several rulings issued by the trial court. After preparing and filing a respondent’s brief establishing all of the reasons why appellate relief should be denied, Bergman Dacey Goldsmith appeared before the Court of Appeal, Second Appellate District, and argued to the Justices of the Court of Appeal that the trial court did not err in issuing any of the orders that were the subject of the appeal. All of the Justices agreed and issued an opinion affirming all of said rulings.

    4. Bergman Dacey Goldsmith represented a public entity in a class action where the representative Plaintiff claimed that the government had overcharged tens of thousands of individuals millions of dollars for certain late fees associated with public services. Through expert negotiations, Bergman Dacey Goldsmith was able to negotiate an early settlement of the matter representing less than 5% of the public entity’s liability.


    1. In a 9-day teacher termination appeal hearing, with Bergman Dacey Goldsmith representing one of the largest public school districts in the country (“district”), the Commission on Professional Competence upheld a teacher’s termination from the district. The district terminated the teacher, a permanent certificated employee, for having inappropriate physical contact with students, making inappropriate remarks on multiple occasions during his class, posting pictures of scantily clad women, and allowing students to access inappropriate images on the internet. The teacher was also terminated for violating the district’s acceptable use policy for accessing inappropriate images on his district-issued laptop. The Commission on Professional Competence upheld the teacher’s termination under Education Code sections 44932 and 44939 for 1) immoral conduct, 2) unprofessional conduct, 3) evident unfitness for service and 4) persistent violation of or refusal to obey the school laws of the State or reasonable regulations prescribed for the government of the public schools by the State Board of Education.

    2. In a 5-day teacher termination appeal hearing, with Bergman Dacey Goldsmith representing the district, the Commission on Professional Competence upheld a teacher’s termination from the district. The district terminated the teacher, a permanent certificated employee, for having solicited an undercover police officer in Elysian Park. The Commission on Professional Competence upheld the teacher’s termination under Education Code sections 44932 and 44939 for 1) immoral conduct, 2) unprofessional conduct, and 3) evident unfitness for service.

  • BDG Proudly Announces 2013 Southern California Super Lawyers

    Posted January 22, 2013 By in Recent News With | No Comments BDG Proudly Announces 2013 Southern California Super Lawyers

    Bergman Dacey Goldsmith is proud to announce that shareholders Gregory M. Bergman, John P. Dacey, and Michele M. Goldsmith, along with Of Counsel, Mark W. Waterman, have been selected as 2013 Southern California Super Lawyers. Mr. Bergman was recognized in Business Litigation, while Mr. Dacey was recognized in Construction Litigation. Ms. Goldsmith and Mr. Waterman have been recognized in the Employment Litigation practice area.

    Super Lawyers is a listing of outstanding attorneys who have attained a high degree of peer recognition and professional achievement. Super Lawyer Magazine recognizes only 5% of lawyers in California. They were selected after considerable polling and peer evaluation with a detailed research process that evaluates each candidate based on 12 indicators of professional achievement.

    For 30 years, Bergman Dacey Goldsmith has provided our clients with sophisticated and personalized legal service. We have earned our reputation for litigation excellence and offer our clients seasoned lawyers and knowledgeable advice in the most cost-effective manner. We encourage you to visit our website at www.bdgfirm.com to learn more about our award-winning attorneys and how we can apply our proven strategies for your benefit.

    The Southern California Super lawyer 2013 listing is attached.

    California Super Lawyers 2013

  • California Real Estate Legal Services

    Posted January 16, 2013 By in Recent News With | No Comments

    Real estate law in California has many unique aspects. The experienced attorneys in the Real Estate Department at Bergman Dacey Goldsmith are on the cutting edge of California real estate law and advise our clients based upon existing law as well as trends in the law. Based upon our extensive experience in all aspects of real estate law and litigation, we offer our clients a broad range of services at very competitive prices. Please review the attached about our skills and services in real estate law and litigation as highlighted in Corporate INTL magazine in December 2012. We also encourage you to visit our website at www.bdgfirm.com to learn more about our firm and our range of services. Do not hesitate to contact me with any questions.

    CORP INTL BDG Real Estate Skills In California 2013

  • Recent Results (August 2012)

    Posted August 8, 2012 By in Recent Results With | No Comments

    The results mentioned are representative and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.


    1. Bergman Dacey Goldsmith represented a successful California corporation with multiple franchises against both federal and state claims of statutory violations stemming from prohibitions on facsimile solicitations. Upon evaluating the very limited potential damages that could be claimed, Bergman Dacey Goldsmith aggressively began settlement negotiations and took all necessary steps to avoid litigation being filed against the corporate client. In a period of days, Bergman Dacey Goldsmith negotiated a very modest resolution before the claimant ever filed his lawsuit, thereby ensuring the corporation could focus on its business and not be distracted by a costly legal action. Bergman Dacey Goldsmith represented this same client against a similar claim in which Bergman Dacey Goldsmith again negotiated a de minimis settlement before having to file a single document with the court.
    2. Bergman Dacey Goldsmith represented an international corporation in its defense of various business tort and breach of contract claims brought by an equipment buyer who purchased allegedly defective equipment from a former sales agent for the corporation (the equipment was actually from another co-defendant). When early investigation revealed that the sales agent was no longer affiliated with the corporation at the time of the purchase, but that the corporation had not cut all administrative ties thereby exposing itself to potential liability, Bergman Dacey Goldsmith opened settlement negotiations with the equipment buyer and through diligent efforts was able to resolve the matter for a fraction of the monies originally sought by the equipment buyers and before incurring significant litigation expense. Furthermore, Bergman Dacey Goldsmith ensured that the Court approved the good faith settlement pursuant to statute to avoid any future claim for contribution from the other co-defendant who did not settle out of the case, thereby achieving finality for the corporation. Finally, Bergman Dacey Goldsmith provided guidance to the corporate client to revise its business model to clarify its documentation practices so that future litigation could be minimized.
    3. Following a successful result in Los Angeles County wherein Bergman Dacey Goldsmith obtained temporary restraining order relief for its client, a worldwide financial services firm, against a former branch manager who was accused of having misappropriated confidential and trade secret information, Bergman Dacey Goldsmith was again retained by the same firm to obtain similar relief against a financial analyst who was accused of stealing proprietary/trade secret information in Northern California in favor of a competitor. Within less than 48 hours after being retained, Bergman Dacey Goldsmith’s attorneys marshaled the evidence, interviewed the key witnesses, drafted and filed the necessary pleading, and obtained a hearing date to present its application for a temporary restraining order and order to show cause re preliminary injunction. After presenting the application and the evidence to the court, Bergman Dacey Goldsmith’s attorneys were successful yet again in obtaining a victory in Northern California as the court decided in our client’s favor and issued a temporary restraining order against the former employee, enjoining the former employee from using or exploiting the client’s confidential, proprietary, and/or trade secret information at his new place of employment and directing and compelling the former employee to return all documents containing any confidential, proprietary, and/or trade secret information that he took with him to his new place of employment.
    4. Bergman Dacey Goldsmith represented a company that provides services to commercial and residential real estate industries nationally in obtaining immediate injunctive relief against a former officer of that company. The former officer was accused of misappropriating company confidential and proprietary information in favor of himself and a new company that he formed, through which he was providing consulting and expert witness services for litigation purposes. As the allegations read, in providing those expert and consulting services to his clients, the former officer was providing confidential, proprietary, and trade secret information of Bergman Dacey Goldsmith’s client to not only his clients but also the court and other parties in the lawsuit. In just a few days, Bergman Dacey Goldsmith’s attorneys prepared and filed a complaint and an ex parte application seeking temporary restraining order (“TRO”) relief to enjoin the former officer’s conduct. Bergman Dacey Goldsmith convinced the court to grant its request for a TRO and, later, to also issue a preliminary injunction in favor of Bergman Dacey Goldsmith’s client. Finally, through tactful negotiation sessions with counsel for the former officer, Bergman Dacey Goldsmith was able to secure a favorable settlement for its client, through which a stipulated settlement order was entered by the court and by which the defendants became bound to abide by the terms of a stipulated permanent injunction order favoring its client.


    In a non-litigation matter, Bergman Dacey Goldsmith advised the seller of a major metal fabrication company on how to structure and avoid environmental liabilities associated with the sale of the company. Also, when a non-profit corporation that specializes in real estate loans for public interest projects discovered that the borrower was diverting funds away from the project, Bergman Dacey Goldsmith was brought in to determine how best to protect the rights of the non-profit corporation. After intense negotiations, the borrower realized that it was best to execute a deed in lieu of foreclosure in favor of the lender.


    1. A private client retained Bergman Dacey Goldsmith to provide her with legal counsel for a high-end construction/remodeling project that had left the client’s project in shambles. The general contractor filed suit against Bergman Dacey Goldsmith’s client for breach of contract and foreclosure of its mechanic’s lien for alleged unpaid invoices it claimed were due and owing pursuant to its work on the project. With an experienced construction consultant on Bergman Dacey Goldsmith’s side, our attorneys performed an in-depth analysis of the as-built conditions, the project’s contract, and the plans/specification documents. It was clear the general contractor had performed deficient and unacceptable work. Therefore, Bergman Dacey Goldsmith took an aggressive stance and formulated a demand as to work that needed to be corrected and back-charged against the general contractor. Heated litigation ensued. Bergman Dacey Goldsmith’s seasoned construction attorneys negotiated a favorable “walk away” settlement after a full-day mediation, saving substantial litigation expense.
    2. Bergman Dacey Goldsmith represented a Southern California school district in litigation involving an engineering firm’s claims against the district for unpaid invoices pursuant to multiple public works contracts. Bergman Dacey Goldsmith’s attorneys, along with the district’s representatives, engaged in a comprehensive forensic analysis of the engineering firm’s claims and concluded that unsubstantiated invoices were submitted to the district for payment for multiple projects dating back many years. The engineering firm was seeking hundreds of thousands of dollars from the district. These claims, along with the district’s claims for damages, were addressed during informal settlement meetings and mediation proceedings. A favorable settlement was achieved for the district at a fraction of the engineering firm’s original claims.


    Bergman Dacey Goldsmith filed and litigated an action on behalf of a retired professional golfer related to injuries he sustained in an accident. Bergman Dacey Goldsmith quickly gathered all the pertinent documents to support the damages suffered by its client and presented them in a compelling manner to the other side. Bergman Dacey Goldsmith’s direct and open approach illustrated to the other side the strength of its claims and its commitment to take this matter to trial. Bergman Dacey Goldsmith resolved the matter for the insurance policy limit months before trial was scheduled to commence.


    1. Bergman Dacey Goldsmith represented an established family run restaurant and its owners in a lawsuit by a former employee who alleged discrimination, harassment, retaliation, and wrongful termination. Immediately after taking on the case, Bergman Dacey Goldsmith quickly interviewed all the relevant witnesses and presented the other side with a summary of future witness testimony that rebutted all the allegations set forth in the complaint. Bergman Dacey Goldsmith thereafter evaluated the merit of the claims, the potential expense of litigation, and the potential disruption to the restaurant’s business and was able to negotiate a settlement, the value of which was 30% of the former employee’s original demand.
    2. Bergman Dacey Goldsmith represented an international technology company before the California Labor Commission when a former employee claimed unpaid commissions. At the hearing, Bergman Dacey Goldsmith was able to present documentary and live testimony to refute the facts claimed. Based on our firm’s superior knowledge of the Labor Code and its application, the Labor Commissioner decided in our client’s favor, and awarded nothing to the claimant.
    3. Bergman Dacey Goldsmith represented a southern California City and one of its employees in an action brought by another current employee alleging wrongful denial of a promotion, retaliation, discrimination, and sexual harassment. With the consent of the defendants, Bergman Dacey Goldsmith represented both the City and the defendant employee in the action. Bergman Dacey Goldsmith conducted a thorough investigation into the employee’s claims, including an extensive document review and numerous witness interviews. Bergman Dacey Goldsmith’s preparation proved invaluable at mediation and allowed Bergman Dacey Goldsmith to negotiate a settlement, the value of which was not only a fraction of the initial demand but also allowed both employees to remain employed by the City.
  • California Covered: Transactional Practice Areas

    Posted July 17, 2012 By in Recent News With | No Comments

    Through a diverse caseload, we offer specialty counseling in several areas of transactional practice. Experience gained through handling thousands of transactional matters prepares the handling attorneys to assist clients in achieving their goals, even in these times. Bergman Dacey Goldsmith and MBV Law LLP each has the capabilities, experience, focus, and legal expertise in varied transactional practice areas and will provide exceptional value for the client’s legal dollars.

    Bergman Dacey Goldsmith is a full-service law firm with offices in Los Angeles and Orange Counties conveniently located to our clients’ places of business in Southern California. We serve international business entities, Fortune 500 corporations and their officers, entrepreneurs, and individual clients. Through a diverse caseload, we offer specialty counseling in a broad range of transactional areas including Business, Corporate, Estate Planning, Probate and Trusts, Real Estate Transactions, Real Property Law, Tax, and Technology. We have the proven ability to work cost-effectively to handle transactional matters with the involvement of our veteran attorneys who have in-depth experience across a broad range of legal fields. Each of our Shareholders and Of Counsel attorneys have at least 16 years of experience. We know how to carefully craft or review legal documents; develop effective, practical strategies to achieve clients’ goals; and generate realistic budgets upfront. The unique combination of our experience, expertise, and value-added focus will provide you with exceptional value for your legal dollars. We provide personalized service and exceptional communication and responsiveness by being available to you 24 hours a day, 7 days a week, and have earned our reputation as a ‘no surprises’ law firm.

    MBV Law LLP is a results-oriented law firm which has served as trusted business and litigation counsel to companies and entrepreneurs in the San Francisco Bay Area for over 25 years. The firm has a diverse corporate transactional and counseling practice, including entity formation, start-up and venture finance, M&A, real estate, employment, lending transactions and ownership transition. We staff transactions with efficient teams that deliver cost-effective results. In its M&A practice, MBV represents target and acquiring companies in small and larger mergers and acquisitions transactions. We have handled transactions ranging in size from $1 million to $250 million in enterprise value. Our M&A group is highly experienced; most of our highly credentialed attorneys have more than twenty years of professional experience in their designated areas of legal expertise. The Founding Partner of our transactional practice is a also a Certified Public Accountant, having worked on the audit staff of Ernst and Young, and in the tax department of Deloitte and Touche prior to becoming an attorney. Our M&A services include: deal structuring and planning; Letter of Intent negotiation; due diligence; securities compliance; merger and acquisition agreements; earn-outs, and post-transaction resolution. With deep expertise in transactional matters, MBV is dedicated to understanding our clients’ businesses and providing them with strategic and cost-effective legal advice.

    MBV Law LLP and Bergman Dacey Goldsmith are dedicated to understanding clients’ objectives to assess issues and provide targeted, cost-effective strategic legal services. Our firms’ depth and breadth of experience create exceptional legal value.

    When strength and experience matter, you can have confidence that Bergman Dacey Goldsmith and MBV Law LLP have your transactional needs in California fully covered.

  • Recent Results (July 2011)

    Posted July 15, 2011 By in Recent Results With | No Comments Recent Results (July 2011)

    The results mentioned are representative and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.


    1. Bergman Dacey Goldsmith settled four lawsuits pending in four different counties between a subcontractor and a general contractor on four park projects. Three months into the litigation, Bergman Dacey Goldsmith recommended mediation before an experienced public works construction mediator agreed to by both parties. While the subcontractor was seeking in excess of $500,000.00, Bergman Dacey Goldsmith narrowed down the four lawsuits to two key issues: (1) the enforceability of an “offset clause”; and (2) the enforceability of a “consequential damages clause.” Bergman Dacey Goldsmith successfully convinced all involved that both clauses were enforceable. As a result, the matters settled very favorably for approximately 12% of the alleged damages.

    2. Representing a telecommunications subcontractor on two separate major university projects against the general contractors and their payment bond sureties, Bergman and Dacey, Inc. recently recovered over $4,000,000.00 for its client. Each projects’ plans and specifications were so deficient that the general contractor and subcontractor could not adhere to the subcontracts’ change order provisions and maintain the schedule. Based on advice from Bergman Dacey Goldsmith, the subcontractor proceeded “under protest” and documented each change as best as possible under the circumstances. When the general contractor refused to pay at the end of each job, litigation commenced. The theory of recovery was: amendment of the subcontracts based on the circumstances and conduct of the parties. While the general contractor argued that oral modifications of the subcontracts were prohibited, Bergman Dacey Goldsmith established that the general contractor’s conduct and directions, memorialized in writing by the subcontractor, and the damage documentation supported “constructive change orders” entitling the subcontractor to recovery. After six mediation sessions, Bergman and Dacey, Inc.’s client received the $4,000,000.00 settlement.

    3. Bergman Dacey Goldsmith represented a school district client in contract litigation filed by a construction management firm. There were countervailing claims of breach of contract valued together at millions of dollars. The construction management firm sought recovery of unpaid general conditions costs and other sums, including prejudgment interest. The school district sought recovery from the construction management firm of sums paid under the contract and for damages for failure to perform. Using in part a settlement from the construction management firm’s insurance carrier, this matter was settled prior to trial at a fraction of the school district’s potential exposure, resulting in substantial savings to the school district.

    4. Bergman Dacey Goldsmith represented a public entity client as a defendant in a multi-party litigation matter. This matter involved a multi-million dollar construction project. After months of intense negotiations with the plaintiffs, the matter was settled for a small fraction of the amount of exposure that the client would have had if the matter proceeded to trial.


    Bergman Dacey Goldsmith was retained by a City to defend it against allegations of wrongdoing pursuant to the provisions of the Federal Telecommunications Act of 1996, and more specifically, allegations that it improperly denied a national wireless carrier the right to erect a 60-foot monopalm wireless transmission tower on private property within City limits. In conjunction with retaining a renowned wireless expert to opine on the City’s chances of prevailing, Bergman Dacey Goldsmith negotiated a compromise whereby several aesthetic aspects of the transmission tower were improved over the originally proposed model. Bergman Dacey Goldsmith negotiated the City’s dismissal from the federal action without the City paying the wireless carrier any money to vastly improve the quality and appearance of this wireless facility.


    Bergman Dacey Goldsmith represented a Fortune 100 client in the sale of a commercial real estate site that had environmental issues. Bergman Dacey Goldsmith worked with the client to successfully sell the property and remove all environmental issues. During escrow for the sale of the property, a disgruntled adjacent landowner filed a lis pendens against our client’s property. Bergman Dacey Goldsmith was quickly able to have the lis pendens removed so that the sale of the property was able to close without delay.


    1. In a superior court case addressing issues having the potential to impact several of our client’s other teacher dismissal proceedings, Bergman Dacey Goldsmith successfully defended a large school district against a petition for writ of mandate (Code of Civil Procedure section 1085) seeking to compel the school district to pay attorneys’ fees under Education Code section 44944(e), Government Code section 800, and Code of Civil Procedure section 1021.5 after the school district voluntarily dismissed an administrative proceeding against a teacher prior to the hearing. The teacher argued that the Accusation and Statement of Charges against him were false, and that the school district’s dismissal of the underlying proceeding demonstrated that it was liable to the teacher for his attorneys’ fees under multiple statutes. Bergman Dacey Goldsmith drafted a persuasive opposition on not only the writ petition’s substantive points, but also to counter the teacher’s submissions of evidence and request to have school district employees appear in person to testify at the writ hearing. The trial court sided with Bergman Dacey Goldsmith’s position on all issues, ordered that the school district employees need not testify, and denied the teacher’s petition following a hearing on the writ. Bergman Dacey Goldsmith thereby obtained a favorable result for our client on the merits, while at the same time ensuring that its employees were not inconvenienced by having to prepare for and attend the hearing or be cross-examined.

    2. Bergman Dacey Goldsmith defended a large manufacturing company in an employment lawsuit brought by one of its employees, who sued the company after he failed to return to work following the expiration of a leave of absence. The employee was still technically employed by the company. After Bergman Dacey Goldsmith had responded to written discovery and successfully defended its client’s deposition, the employee’s attorney approached Bergman Dacey Goldsmith with a settlement demand. After several proposals were exchanged, Bergman Dacey Goldsmith was able to settle the case for less than half of the employee’s initial demand; the settlement terms included the employee’s voluntary resignation from the company.

    3. Bergman Dacey Goldsmith represented an international currency exchange service company in an action brought by a former employee alleging various forms of discrimination and harassment, in addition to a wrongful termination claim. After evaluating the pertinent facts of the case, and having crafted meticulous discovery responses to the former employee’s counsel, Bergman Dacey Goldsmith negotiated a stay of depositions so that the parties could attend mediation before incurring additional litigation fees and costs. During the mediation, Bergman Dacey Goldsmith’s navigation of the applicable law, coupled with the skill of an outstanding mediator, resulted in a resolution of the matter for a mere fraction of the fees and costs that would have been incurred had this matter proceeded to trial.

    4. Bergman Dacey Goldsmith represented a privately-owned transportation services company in an action brought by a former employee alleging various wage and hour claims, in addition to allegations of whistleblower retaliation and wrongful termination. After evaluating the pertinent facts of the case, and having received nine separate sets of comprehensive discovery requests from the former employee’s counsel, Bergman Dacey Goldsmith negotiated an effective discovery stay so that the parties could attend mediation before incurring significant litigation fees and costs. The early mediation resulted in a resolution acceptable to all parties for a fraction of the cost of litigation.

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