James (Jim) H. Berry is a partner in MWM’s employment and labor and litigation practices. He brings several decades of experience in employment law and guides employers through litigation and counseling related to California and federal law. He advises clients on discrimination, harassment, wrongful termination, disability compliance, whistleblower claims, and wage and hour issues.
Jim practices before all California federal and state courts and is admitted to the Ninth Circuit. Among the multiple matters handled by Jim are claims based on common-law tortious discharge theories, breach of express and implied contract, discrimination, harassment, wage and hour violations, including overtime, penalty pay, and Private Attorneys General Act (PAGA) claims, class and representative actions, and matters before the NLRB involving non-union employers. In commercial litigation, Jim represents clients on matters related to breach of contract, unfair competition, and a variety of IP infringement litigation disputes. He also represents advertisers in negotiating and documenting high-value celebrity endorsement contracts.
Since starting his career at Jones Day, Jim has represented a wide variety of clients, ranging from Fortune 100 companies to mid-sized businesses. Prior to joining MWM, Jim established his own boutique litigation and employment practice and continued to develop his commercial litigation and employment practice there and later at Landau Law LLP.
Representative Matters
Representative Employment/Labor Experience:
- Defended and successfully resolved multiple employment disputes on behalf of large, medium, and smaller employers, including claims alleging harassment, discrimination/retaliation, wrongful termination, disability compliance (leaves of absence, reasonable accommodations, and the interactive process), and whistleblower claims, through defense summary judgments, mediation/settlement, and other ADR processes;
- Defended and successfully resolved multiple claims of employment discrimination and wage claims made to state and federal enforcement agencies, including the Department of Fair Employment & Housing, the EEOC, and the California Labor Commissioner, through agency-initiated investigations, conciliation, and hearing processes;
- Defended and successfully resolved single-plaintiff, multiple-plaintiff, and class/representative/collective wage and hour actions, and penalty claims (e.g., claims re: overtime, meal/rest breaks, off-the-clock work, expense reimbursement, pay statement violations, waiting time pay, classification of employees as exempt/non-exempt), including through court-approved settlements of class, Fair Labor Standards Act, and Private Attorneys General Act (PAGA) claims;
- Developed and assisted employers in implementing and administering ADR/mandatory mediation and arbitration programs.
Representative Commercial Litigation Experience:
- Tried/arbitrated various breach of contract/commercial claims producing 6-and7-figure awards to clients, including appellate affirmances;
- Lead counsel in trial of breach of $25 million contract for sale of oil properties, obtaining $9 million award;
- Lead counsel in key franchise cases obtaining substantial awards against breakaway franchisees represented by prominent Los Angeles counsel;
- Lead counsel in obtaining for trustee $1 million trial award for breach of fiduciary duty against management of securities firm;
- Lead counsel in arbitration resulting in $900,000 award against medical practice successors for breach of contract;
- Lead counsel in action concerning dissipation of assets of elderly businessman, resulting in recovery of $3 million+ property;
- Successful defense of claim for up to a 50% interest in a 40-store retail chain, resulting in a nominal settlement;
- Successful resolution of multiple actions by terminated beverage distributors;
- Counseling and litigation of “right of publicity” cases for consumer goods sellers;
- Led offensive discovery team in tender offer litigation;
- Experience in defense of trademark infringement cases, antitrust/unfair competition claims, and false advertising/deception claims;
- Successful resolution of putative class action under Telephone Consumer Protection Act (TCPA);
- Experience in litigation/resolution of various inter-shareholder disputes in closely held corporations.
Representative Entertainment Experience:
- Negotiation and documenting high-value celebrity endorsement contracts for major advertisers;
- Counseling advertisers on endorsement usage rights and issues regarding rights of publicity;
- Successful resolution of disputes between advertisers and Screen Actors Guild re: pension contributions and other sums allegedly due under SAG agreements.
Education
Yale Law School,
Juris Doctorate
Vanderbilt University, 1974
B.A. – Slavic Studies
Associations & Memberships
California Bar Association
California Lawyers Association
Los Angeles County Bar Association
Honors & Awards
Leaders of Influence: Labor & Employment Attorneys
Los Angeles Business Journal, 2022
Bar Admissions
State of California
U.S. District Courts for the Northern, Central, Southern, and Eastern Districts of California
Ninth Circuit Court of Appeals
