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Sharon Kirsch
Partner
skirsch@mcmanisfaulkner.com
Telephone 408. 279. 8700
Facsimile 408. 279. 3244
Fairmont Plaza - 10th Floor
50 West San Fernando Street
San Jose, California 95113
Sharon Kirsch leads the employment law practice at McManis Faulkner. The firm’s clients range from small businesses to Fortune 500 companies in a wide variety of industries. Ms. Kirsch’s clients know that they have a human resources partner to provide practical solutions to steer them through the day-to-day minefield of managing employees. Her vast litigation experience enables her to provide risk benefit analysis to help clients make the right employee management decisions. Her clients turn to her to minimize their risk of litigation so they can focus on succeeding in the marketplace.
Sometimes good management cannot avoid litigation. Ms. Kirsch is a skilled legal advocate who has represented clients in all areas of management-side employment litigation, including wrongful termination, discrimination, harassment, retaliation, wage and hour cases and trade secrets. She has successfully represented her clients in state and federal court as well as before state and federal agencies.
Ms. Kirsch is also well versed in general business litigation, especially trade secret issues, and has experience defending cases of disability discrimination in public accommodations.
EDUCATION
- Santa Clara University School of Law, J.D., cum laude, 1991
- Marylhurst College, B.S. Communication, with recognition, 1984
ADMITTED TO PRACTICE
- California, 1991
- U.S. District Court, Northern and Eastern Districts of California
- U.S. Court of Appeals, Ninth Circuit
- U.S. Supreme Court
REPRESENTATIVE EXPERIENCE
- Recently, Ms. Kirsch added to her list of many successful summary judgment motions by obtaining summary judgment for an employer in two age discrimination cases in Santa Clara County Superior Court. She has also obtained summary judgment for business clients in several employment-related cases, including a class action involving overtime pay in federal court and sex discrimination. Ms. Kirsch obtained awards of attorney’s fees for the defendants in two employment cases. Other trial successes include a jury verdict on behalf of three managers in an employment discrimination/equal pay act case, a defense verdict in a stock option breach of contract case, and a defense verdict in a business tort case. Ms. Kirsch also defended a Silicon Valley Fortune 500 company in a theft of trade secret case, which culminated in a settlement on terms very favorable to her client. Ms. Kirsch has successfully investigated several employee theft cases, which were criminally prosecuted and resulted in guilty verdicts against the employees.
- Over the years, she has obtained favorable rulings for her employer clients from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission in several investigations involving allegations of discrimination based on pregnancy, religion, sexual orientation, race discrimination, and sexual harassment. In addition, Ms. Kirsch has substantial experience with alternative dispute resolution, including arbitration and mediation of employment and business matters and has successfully used mediation and arbitration to obtain favorable results for her clients.
PROFESSIONAL ACTIVITIES
- State Bar of California
- Santa Clara County Bar Association (Secretary, 2007; Labor and Employment Section, 1994- present; Board of Trustees, 1997- 2001, 2005- 2007; Executive Committee, 1997, 2005- 2007; Co-Chair, Conference of Delegates, 1996- 1997; Secretary, Women Lawyers Committee, 1997; Finance Committee, 1999; Nominating Committee, 2001- 2003; Co-Chair, Civil Practice Committee, 2002; Bench-Bar-Media-Police Committee, 1999, 2003- present; Co-Chair, Federal Court Executive Committee, 2005)
OTHER EXPERIENCE
- Partner, Skjerven Morrill, LLP
- Partner, Berliner Cohen
- Attorney, Pillsbury Madison & Sutro, LLP (now Pillsbury Winthrop, LLP)
ARTICLES AND PUBLICATIONS
- Kirsch is a frequent lecturer on employment and business matters. Speaking engagements include “California FMLA Update,”“Privacy in the Workplace,” “Family Medical Leave Act in California,” “Avoiding Sexual Harassment Claims,” “Employment Law Update,” “Documenting the Employment Relationship,” and “Personnel Law Strategies for Managers and Supervisors in California.”
AWARDS AND HONORS
- Recipient, American Jurisprudence Award in Real Property
COMMUNITY
- Board Member, San Jose Repertory Theatre
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