Fink & Associates is a boutique litigation firm with a primary emphasis on labor and employment matters. The firm was founded on March 1, 1997 when Mr. Fink left one of the nation's largest law firms in order to create a unique firm that focused solely on litigation for plaintiffs and defendants.
From the firm's inception it has specialized in litigating employment and labor matters involving wrongful termination, discrimination, harassment and wage and hour issues.
In addition to employment, the firm litigates a wide variety of cases including real estate, business, legal malpractice, family law, civil rights (e.g. Americans with Disabilities Act cases), product liability and complex personal injury matters.
Due to our expertise in employment law we provide counseling to prevent lawsuits which includes conducting employee training classes, drafting employee handbooks and other personnel forms and documentation.
Mr. Fink is routinely retained by business owners and attorneys to conduct neutral and objective sexual harassment investigations, and has conducted hundreds of investigations during his career.
In addition to litigation the firm acts as outside general counsel for businesses throughout the United States as well as in China where we have an office in Macau.
Employment and Labor: Litigation of wrongful termination, discrimination, harassment and wage and hour matters provides the bulk of our employment work. We routinely litigate unfair competition claims that include solicitation of employees, trade secrets, and breach of nondisclosure and confidentiality claims.
In addition to employment litigation we provide advice and counseling to clients regarding employment and human resource issues. Many clients have us provide training to supervisors on the law governing sexual harassment as required by AB1825. We also counsel employers on appropriate discipline including documentation on work performance and we assist in creating personnel forms, policies and employee handbooks.
We have extensive experience in workplace sexual harassment investigations and we routinely are asked to assist in providing an independent investigation, assist in a company's investigation as counsel or provide our expert opinion on whether an investigation was properly conducted.
Real Estate Litigation: We handle a wide spectrum of real estate matters from landlord-tenant disputes and significant and complicated contracts to tort disputes involving commercial and residential property. The matters we have handled have involved multi-million dollar homes and several hundred million dollar commercial real estate acquisitions. Examples of the types of disputes we handle include arguments over finders fees on the sale of commercial property, disagreements between equity investors over the use of property, landslide issues and concealed defects in the sale and purchase of homes.
We have litigated trespass cases involving the cutting down of trees wherein we got a substantial six figure verdict and an easement for our client. After publication of our verdict in this case we received many calls from other homeowners, and were subsequently hired by the opposing party.
Legal Malpractice: We have experience handling legal malpractice for both plaintiffs and defendants. The vast majority of these cases we handle are defending attorneys and we have handled a wide variety of claims involving different substantive areas of the laws. Perhaps our most recognized malpractice defense case involved Rodney King"s lawsuit against the lawyers who got him the several million dollar verdict in that case. We represented King's first lawyer Steven Lerman and prevailed on summary judgment which we had affirmed on appeal. In addition to litigating malpractice cases we handle matters before the State Bar.
We are very selective in the plaintiffs cases we take in general and perhaps more so in this area. A recent high profile case we litigated was against Johnnie Cochran and his law firm. In that matter our client's wrongful death action was dismissed because the attorneys didn't get the case to trial in five years.
Civil Rights Litigation: Our civil rights litigation focuses heavily on ADA (American with Disabilities Act) cases and whether facilities and businesses are in compliance with federal mandates.
We handle First Amendment matters such as whether postings on internet financial chatboards are protected activity and subject to a SLAPP motion.
We also handle Fair Housing and Employment claims brought against nursing care facilities accused of discriminating in patient admittance.
Family Law Litigation: In concert with a firm that has financial expertise (a well respected tax attorney and CPA) we litigate on behalf of husbands and wives divorce proceedings and probate disputes.
Appellate Practice: We handle writs and appeals in all California state courts. While most of our cases are litigated in state court we have extensive experience in handling appeals before the Ninth Circuit Court Appeals. The firm this year has been asked to handle appeals and writs involving Business and Professions Code 17200, disclosure of financial information pursuant to CC 3295, a host of employment issues including privacy issues, appointment of a reference, and other issues involving wrongful termination, retaliation, harassment and age discrimination.
Mr Fink in his first few years of practice spent a substantial part of his time handling the appeals for his firm and handled dozens of appeals in that time including many arguments before the Ninth Circuit on issues of first impression.
Business Litigation: We deal with all types of commercial disputes from general negligence matters regarding the sale of goods to complicated securities issues. We have represented businesses in disputes over the acquisition of other companies and high level executives concerning their stock compensations.