Joseph P. Breen

Partner

  • Office Contact Info
  • Biography

    Mr. Breen is an experienced commercial litigation, employment, and privacy law attorney. He has successfully represented businesses ranging from Fortune 100 companies to start-ups in commercial litigation matters as well as in employment claims ranging from single plaintiff to complex class action wage/hour matters, discrimination, and PAGA lawsuits.  

    Mr. Breen’s litigation experience is broad and covers a wide variety of actions including shareholder disputes, trade secret matters, contract, fraud, defamation and unfair business practices claims, violations of wage and hour laws, wrongful discharge and retaliation claims involving alleged disability, race, age and sex discrimination, sexual harassment, and social media and privacy issues.  

    He provides proactive and effective counsel to employers regarding risk management and containment through all stages of the employment cycle including hiring, discipline, compliance and termination.  He drafts and updates employee handbooks, personnel policies and procedures, confidentiality and proprietary information agreements, social media and privacy policies, executive employment contracts and severance agreements, and compensation agreements including bonus and commission plans in compliance with state and federal laws.  He has conducted and supervised complex internal investigations for his clients.

    Mr. Breen's litigation experience also includes representation of parties in all aspects of construction law disputes including suppliers/fabricators, subcontractors, general contractors, and owner/developers.  Representative projects handled include manufacturing facilities, baseball stadiums (Candlestick Park) museums, large condominium developments, casinos, and the San Francisco International Airport.

    Mr. Breen enjoys providing clients with updates on significant developments in employment law and presenting seminars on evolving legal issues to human resource and other professional organizations.

    Admissions

    California
    United States District Court, Northern and Central Districts of California
    United States Court of Appeals, 9th Circuit

    Memberships

    California State Bar
    American Bar Association Section of Labor and Employment Law
    American Bar Association Litigation Section
    Employers Counsel Network
    Employment Practices Risk Management

    Community Involvement

    Co-president, UC Berkeley Haas Alumni Network/North Bay Chapter
    Former president, Cal Business Alumni/San Francisco Chapter
    Former chair, NCHRA Legal Committee/San Francisco Chapter
    Past president, Northern California Irish American Bar Association

  • Practice Areas
  • Publications & Presentations

    Publications

    • Wage and Hour Issues In the Life Sciences Industry, Law 360 (2009)
    • Workin' Overtime: New FLA Rules, Writ 1 (2004)
    • Whistleblowers: Now is the Time to Listen, Writ 1 (2004)
    • How Senate Bill 208 May Impact Workplace Investigations, The HR Bulletin (2001)
    • Negotiate This: Incentive Stock Options, Corporate Counsel Magazine (August 2000)

    Presentations 

    • Social Media in the Workplace, CalCPA, San Francisco, CA (2012)
    • Key Workplace Issues in 2009, Financial Executives International, San Francisco, CA (2009)
    • The Changing Law of Disability, NCHRA Annual Conference, Oakland, CA (2008)
    • Accommodating Disability: Recent Legal Developments You Should Know, NCHRA, San Rafael, CA (2008)
    • Employment Law Update, NCHRA San Francisco/Marin Chapter, San Francisco, CA (2007)
    • Employment Law Year in Review, ACCA (Bay Area Chapter), Palo Alto, CA (2006)
    • Backdating Stock Option Grants: Truth or Consequences, ACCA (Bay Area Chapter), co-presented with U.S. Attorney's Office, San Francisco, CA (2006)
    • Whistleblowers: Malcontents or Heroes?, NCHRA Annual Conference, Oakland, CA (2003)
  • Education

    Education

    J.D., UCLA School of Law

    B.S., Business Administration, UC Berkeley Haas School of Business

    Honors

    University of California Regents’ Scholarship