Mr. Carroll represents employers in a variety of industries, including:

• High technology
• Financial
• Manufacturing
• Transportation
• Higher education
• Retail

He has successfully tried jury and non-jury trials alleging discrimination, retaliation, and other employment claims. He has argued on behalf of employers before the California Supreme Court on several occasions, and has a distinguished record of appellate advocacy in both state and federal courts of appeal.

Beyond the litigation context, Mr. Carroll routinely advises California employers regarding:

• Preventive personnel practices
• Wage and hour issues
• Employee terminations
• Internal harassment and retaliation complaints
• Reductions in force
• All other aspects of the employment relationship

He also conducts workplace investigations and compliance audits.

Mr. Carroll's practice includes advising companies on employee mobility and trade secrete misappropriation issues, including employee raiding and solicitation matters, the interpretation and enforceability of non-compete agreements, and counseling clients seeking to minimize the risks associated with hiring competitors' employees.

Experience

• Argued before the California Supreme Court on behalf of the employer in Campbell v. Regents of the University of California, 35 Cal. 4th 311 (2005). In an important victory for public sector employers, the Supreme Court affirmed dismissal of an employee's claims due to her failure to exhaust the University's grievance procedures, and established for the first time that claims brought under California's whistleblower protection statutes are subject to administrative exhaustion requirements.
• Argued before the California Supreme Court on behalf of the employer in a seminal retaliation case, Yanowitz v. L'Oreal USA, Inc., 36 Cal.4th 1028 (2005). Among its other rulings in this complex case, the Supreme Court rejected the employee's "deterrence test," which would have dramatically expanded the range of conduct actionable as "retaliation" under California's Fair Employment and Housing Act.
• Argued before the California Supreme Court in seeking affirmation of summary judgment in the employer's favor in a class action seeking imposition of "waiting time" penalties for failure to pay temporary workers within 24 hours of completion of their work. Smith v. Superior Court, 39 Cal.4th 77 (2006).
• Succeeded in securing the dismissal of First Amendment claims brought in federal court by a plaintiff who sought to shut down portions of an educational Web site, "Understanding Evolution" maintained by the University of California's Museum of Paleontology. Caldwell v. Caldwell, 545 F.3d 1126, 2008 WL 4444310 (9th Cir 2008).
• Appointed by Government of Canada to represent it in sex and age discrimination suit arising out of closure of its San Francisco Consulate General.
• Defended AARP in federal class action age discrimination case arising out of AARP's role in joint employment program with Environmental Protection Agency.

Publications

"Court rules pregnancy leave is supplemental to general disability rights," Daily Journal (March 19, 2013)

"The Ongoing Battle Over Overtime," Mortgage Banking (September 2011)

Speeches and Presentations

"Waiting To Exhale: The Developing Law Regarding Medical Marijuana In The Workplace," National Retail Federation Human Resources Executive Summit, Dallas, Tex. (Oct. 13, 2011)

"Employee Privacy and Social Networking," Social Networking Goes to Work: Employment Law Issues in The Digital Age, Schiff Hardin LLP, San Francisco, Calif. (November 3, 2009)

Previous Experience

Mr. Carroll tried criminal felony cases and conducted preliminary hearings as a deputy trial attorney for the San Francisco Public Defender's office during a four-month internship.

He also was part of a California Bar Association-sponsored delegation to the former U.S.S.R., where the delegation met with political leaders, academics, law enforcement officials, and attorneys in Russia, Ukraine, and Kazahkstan in furthering development of Western-style legal system.