Paul E. Gaspari
Shareholder
Experience
As a Litigation shareholder of the Firm, Paul advises clients on commercial law, insurance defense, public liability, real estate, and employment-related litigation. He routinely represents employers and their insurers defending sexual harassment claims, discrimination, disability, and retaliation claims in state and federal courts, including DFEH and EEOC investigations and charges.
Paul was trial and appellate counsel in the following reported cases:
• Karoutas v. HomeFed Bank (1991) 232 Cal.App.3d 767: Established duties of trustees conducting real estate foreclosure sales.
• Bollard v. California Province (9th Cir. 1999) 196 F.3d 940: Affirmed ministerial exception to Title VII claims in 9th Circuit.
• East Bay Asian Local Development Corp. v. State of California (1999) 69 Cal.App.4th 1033: Affirmed constitutionality of religious institution exemption to state landmarking act.
• Juarez v. Boy Scouts of America, Inc. (2000) 80 Cal.App.4th 87: Affirmed summary judgment in favor of Diocese, which sponsored Boy Scout troop in which molestation was alleged.
• Richelle L. v. Roman Catholic Archbishop (2003) 106 Cal.App.4th 257: Affirmed dismissal of claim against employer for adult misconduct.
• Ridgewater Associates v. Dublin San Ramon Services District (2010) 184 Cal.App.4th 629: Affirmed summary judgment for wastewater treatment facility accused of altering groundwater migration causing damaging to adjoining commercial properties.
• From 2004 through 2006, Paul served as Defense Liaison Counsel in the California Judicial Council Coordinated Proceeding entitled “Clergy Cases III,” a clergy sexual abuse proceeding with over 350 claimants.
Paul is a member of the Litigation, Employment, and Real Property Sections of the California State Bar. He has lectured with the Practicing Law Institute, the California Continuing Education of the Bar, and various national and local defense organizations. He is also a member of the bar of the United States Supreme Court.
Paul has been selected for inclusion in Northern California Super Lawyers by Law & Politics and San Francisco Magazine since 2005. In addition, he was appointed as a member of the San Francisco Superior Court’s Mandatory Settlement Conference Panel.
Some examples of the litigation matters Paul has led include:
• Successfully negotiated a settlement of transgender discrimination and failure to accommodate claims brought against a major California municipality.
• Obtained defense verdict in six-week jury trial v. religious order establishing that claims of sexual abuse by two plaintiffs were false claims.
• Obtained defense verdict in 11-day binding arbitration representing real estate developer accused of falsely representing the permitted use of two commercial condominiums in downtown San Francisco under local zoning laws. Post award successfully obtained judgment in superior court confirming the award.
• Successfully negotiated over $200 million settlements in child molestation claims against institutional defendants accused of negligent hiring, supervision, or retention.
• Obtained summary judgment for a Bay Area water and sanitation district accused of diverting groundwater migration which allegedly caused property damage to neighboring commercial buildings.
• Successfully settled claims against a municipality arising out of the death and injury to three young men at its civic zoo by a tiger which escaped her enclosure; successfully settled a claim against the municipality by a zookeeper who was severely injured by the same tiger during feeding one year earlier.
• Successfully obtained insurance coverage for clients sued for child abuse, sexual harassment, employee misconduct, fraud, and misrepresentation in the sale of real property.
International Association of Defense Counsel
Member
State Bar of California, Litigation, Employment and Real Property Sections
Member
Association of Defense Counsel of Northern California
Member
National Diocesan Attorneys Association
Member of Executive Committee
Western Diocesan Attorneys Association
Member
San Francisco Superior Court’s Mandatory Settlement Conference Panel
Member
Awards
Northern California Super Lawyer, 2005-2021
J.D., University of California, Hastings College of the Law, 1977
B.A., University of San Francisco, 1974
Sands Through the Hour Glass: Wage and Hour Update
Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.
Even Keanu Can’t Figure It Out: The Leave Law Matrix
Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.
Guardians at the Gate: Properly Trained Managers are Your First Line of Defense
Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.
Conducting Effective Workplace Investigations
Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –
Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,
Mandatory AB 1825 Sexual Harassment Prevention Training
Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”
Ramps, Dogs and Horses: Discrimination and Accommodation of Employees, Customers and Third-Parties
Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability,
The Good, The Bad and The Ugly: Documentation in the Workplace
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.
Tips and Traps When Hiring and Firing Employees
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.
Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)
Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used.
To Tweet or Not to Tweet? The Constantly Developing Landscape of Social Media in the Workplace
Summary of Program Companies and their employees widely use social media in their daily business activities. These networking sites are used by employees to communicate with one another as well as current and potential customers.
A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence
Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand. This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance.
Upcoming Webinar: Say It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status
Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.
New Release: 2015 Labor & Employment Seminars & Training Schedule
Click here for 2015 Labor & Employment Seminars & Training Schedule. For more information on our Labor & Employment Seminars and Training, please contact Ramona Carrillo at [email protected]
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Newport Beach)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (San Francisco)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Sacramento)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.
Mandatory AB 1825 Sexual Harassment Prevention Training
Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. Program Highlights The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulation,
The World of Accommodations: Disabled Employees and Customers
Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is beacuse of an employee’s disability,
The Intricacies of Wage and Hour Laws for Non-Exempt Employees
Download: Flyer. Intricacies of Wage and Hour Laws for Non-Exempt Employees.PDF Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.
Independent Contractor v. Employee – ”Saying It’s So, Doesn’t Make it So”
Download: Flyer – Independent Contractor v. Employee (1780262).PDF Summary of Webinar The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.
Know What to Do When The Government Comes Knocking
Download: Flyer – Know What to Do When The Government Comes Knocking(webinar only).pdf Know What to Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies Summary of Webinar There is no universal way to prepare for a governmental audit,
To Tweet or Not to Tweet? The Risks of Social Media in the Workplace
Download: Flyer. To Tweet or Not to Tweet The Risks of Social Media in The Workplace (1752935).PDF Summary of Program Companies and their employees are now widely using social media in their daily business activities.
Mandatory AB 1825 Sexual Harassment Prevention Training
Download: Flyer – Mandatory AB 1825 Sexual Harassment Prevention Training (1747805).PDF Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.
Think You’re Up On The Current Laws? April Fools
Download: Flyer – Employment Law Update (Orange County) (1740809).PDF Summary of ProgramJoin the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.
Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
Download: Flyer – Complex Web of Federal, State and Local Leaves of Absence Laws (1739109).PDF Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.
Upcoming Seminar: The Ins and Outs of Preparing the Right Employee Handbook for Your Business
Download: Flyer. The Ins and Outs of Preparing the Right Employee Handbook for Your Business (1731032).PDF Summary of Program Employee policy handbooks are essential for employers in today’s litigious environment. While preparing the handbook and consistently enforcing the policies contained therein may take time and money,
We Invite You To Attend: Employment Law Update
Download: Flyer Employment Law Update 2013-2014 (1707561).pdf Join Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.
2014 Labor & Employment Seminars & Training Schedule
Download: 2014 L E Seminars-Training Schedule (1712996) Page 1 Updated.pdf Click on the PDF link above for the 2014 Labor & Employment Seminars & Training Schedule. Specifics and invitations for each seminar/training will be posted on our website approximately one month prior to the event.
Upcoming Seminar: Pregnancy Leave, Accommodation & Discrimination
Don’t Wait for the Stork To Teach You What It All Means Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnantemployees.
Upcoming Seminar: The Intricacies of Wage and Hour Laws for Non-Exempt Employees
Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.
L&E Webinar: OSHA Compliance: A Healthy and Safe Work Environment
Download: Flyer – OSHA Compliance. A Healthy and Safe Work Environment (1643744).PDF Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.
Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
Download: Flyer – Complex Web of Federal State and Local Leave Laws (1600508).pdf Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.
2013 Schedule of Labor and Employment Law Seminars
Download: 2013 List of L E Seminars-Training (1577243).PDF The employment group at Weintraub Tobin Chediak Coleman Grodin is pleased to announce its updated schedule of informative seminars for 2013. Click on the link above to download the schedule.
SEMINAR: Risks and Benefits of Social Media and Computers in the Workplace – Sacramento
For employers, are social networking sites Happy or Sad? Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers). They post their daily thoughts and activities,
SEMINAR: NEW LOCATION! Risks and Benefits of Social Media and Computers in the Workplace
Download: Social Networking SF v2.pdf For employers, are social networking sites Happy or Sad? Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers).
Upcoming Seminar: The Complex Web of Leaves and Accommodation Laws – Sacramento
Download: Leaves & Accomodations.pdf Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.
Upcoming Seminar: The Complex Web of Leaves and Accomodation Laws – SF
Download: Leaves & Accomodations SF.pdf This event has been canceled. Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.
AAAB Seminar: Recent Changes in California Employment Law
Topic: The Moving Target – Recent Changes in California Employment Law Summary: Attorneys from Weintraub Genshlea Chediak Tobin & Tobin will provide a brief overview of the complexities of laws facing employers and discuss important case law developments.
Upcoming Webinar: Independent Contractor v. Employee?
Summary of Program If it Walks Like a Duck, Quacks Like a Duck, It’s a Duck! The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious.
Upcoming Webinar: OSHA Compliance – a Healthy and Save Work Environment
Download: OSHA Webinar – email-print.pdf Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.
Upcoming Seminar: Mandatory AB1825 Sexual Harassment Prevention Training
Download: Seminar-Jun6_no-crop.pdf Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Genshlea Chediak Tobin &
Upcoming Seminar – SF Edition: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly
Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.
Upcoming Seminar: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly
Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.
Seminar: Effective Employment Policies – Are Yours Up To Date?
Download: Effective Employment Policies-Are Yours Up To Date.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help business owners,
Upcoming Seminar – Pregnancy Leave, Accommodation and Discrimination
Download: Flyer – Pregnancy Leave.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees.
WT Wins: 9th Circuit Decision Broadens the “Ministerial Exception” in Lawsuits Brought Against Religious Employers
After obtaining summary judgment at the district court earlier this year in an employment lawsuit, Paul Gaspari, Daniel Zamora, and Ryan Abernethy prevailed in the 9th Circuit appeal to the dismissal.
37 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List
Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition,
31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists
Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California. In addition,
37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions.
Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,
37 Weintraub Tobin Attorneys Named Among 2015 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions.
Weintraub Tobin Raises Money for American Heart Association
Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,
Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers
Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.
Weintraub Tobin Sponsors Sacramento Employer Advisory Council
Weintraub Tobin is a proud sponsor of the Sacramento Employer Advisory Council (SEAC), a nonprofit organization that helps educate employers about relevant employment issues and related legal concerns. SEAC partners with the Employee Development Department (EDD) to increase cooperation and communication between EDD and the private sector.
Weintraub’s San Francisco Office Joins Food From the Bar
The San Francisco office of Weintraub Tobin has joined forces with other Bay Area law firms to raise money and collect food donations during the month of May to benefit the San Francisco and Marin Food Banks.
Gary Bradus Named as One of the Top 100 Northern California Super Lawyers in 2012
SACRAMENTO, Calif., July 25, 2012 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm, congratulates Gary Bradus on being named as one of the Top 100 Northern California Super Lawyers of 2012.
3 Cities. Over 70 Lawyers. Now 1 Great Law Firm: Weintraub Merges with LA Entertainment Law Firm
SACRAMENTO / SAN FRANCISCO / LOS ANGELES, July 6, 2012 – Weintraub Genshlea Chediak Tobin & Tobin Law Corporation and Weissmann Wolff Bergman Coleman Grodin LLP have jointly announced the merger of their respective business and entertainment law firms.
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