Danielle Ochs

Shareholder San Francisco

Ms. Ochs works in the San Francisco office of Ogletree Deakins, where she is a Shareholder. She serves on the firm’s Pricing Committee and Co-Chairs the firm’s African American Business Resource Group, and is a member of the Firm's Diversity Steering Committee.  She has more than 20 years of experience as a civil litigator, with an emphasis on the representation of both private and public employers in employment, trade secrets, and unfair competition matters in federal and state trial and appellate courts and administrative agencies. Ms. Ochs’ experience includes successfully defending employers in both jury and bench trials and in arbitration proceedings.  She currently dedicates a significant portion of her practice to trial court litigation and arbitration. She works closely with her clients to develop effective strategies for litigating and resolving legal actions, approaching each case zealously and strategically with a steadfast commitment to client service.  Ms. Ochs also has active advice and counsel, training, and investigations practices, working closely with employers on  a variety of employment, trade secret, and unfair competition compliance issues with the goal of avoiding litigation.  She has represented employers in a broad array of local, national, and international industries, including accounting, banking, defense, energy, higher education, hotel, manufacturing, retail, semiconductor, sports, transportation, technology, and utility.  Ms. Ochs regularly speaks across the country on a range of employment, trade secret and unfair competition issues.

Ms. Ochs received her bachelor’s degree in Sociology from the University of California, Santa Cruz, where she was a Regents Scholar. She received her law degree from the University of California, Hastings College of the Law. From 2005 through 2014, Ms. Ochs taught at Hastings as an Adjunct Professor of Law in the areas of Pretrial Practice and Employment Discrimination. She is actively involved in the legal community and is currently a Board Member of the Bar Association of San Francisco, a past Chairperson of the Labor and Employment Law Section of the National Bar Association (“NBA”), a past President of Black Women Lawyers of Northern California, and is a past Director of NBA Region IX.  


Experience

  • (2018) United States District Court, N. D. Cal. – Secured partial summary judgment of sex harassment and retaliation claims in action alleging plaintiff (an alleged harasser) was treated less favorably than other alleged harassers because of sex.
  • (2018) United States District Court, N.D. Cal. – Obtained 12(b)(6) dismissal of 1981 claim in action alleging such claims exempt from arbitration.
  • (2017) United States District Court, E.D. Cal. – Secured order compelling arbitration of e-signed arbitration agreement.
  • (2017) Alameda County Superior Court – Secured order compelling arbitration of FEHA claims.
  • (2016) United States District Court, N.D. Cal. – Obtained 12(b)(6) dismissal of action against defense contractor alleging fraud and retaliation.
  • (2015) 9th Circuit Court of Appeal – Argued writ review of enforceability of forum selection clause in light of Supreme Court’s decision in Atlantic Marine.
  • (2015) United States District Court, E.D. Cal. – Secured temporary restraining order (leading to stipulated preliminary injunction) in trade secret misappropriation action.
  • (2014) Eldorado County Superior Court – Favorably resolved highly contentious trade secret, employee raiding action.
  • (2014) United States District Court, N.D. Cal. – Secured 10-year permanent injunction in highly contentious semiconductor trade secret action.
  • (2013) United States District Court, N.D. Cal. – Secured summary judgment of FEHA medical condition and leave retaliation claim alleged by former radio executive.
  • (2013) San Francisco County Superior Court – First-chaired matter set for jury trial in age discrimination action alleged by radio personality. Favorably settled day before trial.
  • (2013) United States District Court, N.D. Cal. – Secured dissolution of preliminary injunction in contentious trade secret dispute in language interpretation industry.
  • (2013) United States District Court, N.D. Cal. – Obtained dismissal of unfair competition action by former sports agent – secured arbitration of employer's cross-claims.
  • (2013) California Supreme Court – Led appellate briefing on petition for review of decision denying motion to compel arbitration.
  • (2012) Alameda County Superior Court – Secured summary judgment of FEHA disability discrimination action alleged by former bus driver.
  • (2012) California Court of Appeals, 2nd App. Dist. – Argued defense appeal of denial of motion to compel FEHA discrimination claims. Reversal granted.
  • (2011) San Mateo County Superior Court – First-chaired seven figure contract dispute between television stations. Plaintiff dismissed with prejudice day before trial.
  • (2010) Santa Clara County Superior Court – Secured terminating sanctions and six figure default judgment in trade secrets cross-action against former employee.
  • (2010) San Francisco AAA – Obtained defense arbitration monetary award in commission compensation dispute and cross-claim under complex compensation plan.
  • (2009) San Francisco AAA – Obtained defense arbitration decision in commission compensation dispute under complex compensation plan.
  • (2009) San Mateo County Superior Court – Limited plaintiff’s jury verdict to $65k (no emotional distress) in seven figure pregnancy discrimination action by TV manager.
  • (2008) San Mateo County Superior Court – Co-chaired jury trial in sex discrimination action by television shipping assistant. Settled day of trial.
  • (2008) California Court of Appeals, 1st App. Dist. – Led appellate briefing in multi-plaintiff race discrimination/harassment suit. Defense jury verdict affirmed.
  • (2008) Ninth Circuit Court of Appeal – Secured summary judgment and led appellate briefing in race discrimination claim. Summary judgment granted and affirmed. (2007) Alameda County Superior Court – Obtained defense jury verdict in disability discrimination action by long-term public employee.
  • (2007) United States District Court, N.D. Cal. – Obtained defense decision in disability discrimination bench trial.
  • (2007) California Court of Appeals, 6th App. Dist. – Argued appeal of defense jury verdict in wrongful demotion/discipline/defamation action. Jury verdict affirmed.
  • (2005) Santa Clara County Superior Court – Obtained defense jury verdict in wrongful demotion/discipline/defamation action by computer engineer.
  • (1998) San Diego County Superior Court – Obtained 1.2 million plaintiff’s jury verdict in partnership dispute by disenfranchised partner.

Professional Activities and Speeches

Professional Activities:

  • Lawyers Committee for Civil Rights of the San Francisco Bay Area (Current Board Member)
  • Bar Association of San Francisco (Board Member, 2011-2017)
  • Minority Bar Coalition (Board Member, 2015-2017)
  • Adjunct Associate Professor – UC Hastings College of the Law (2005-2014)
  • Black Women Lawyers of Northern California, (Past President, 2009-2010)
  • National Bar Association (Board Member at Large, 2009-2010; Chair, 2007-2010, Labor and Employment Section; Director of Region IX, 2006-2008)
  • Wiley Manuel Law Foundation (Board Member)
  • Alameda County Bar Association (Labor and Employment Section)
  • American Bar Association (Labor and Employment Section)
  • California Association of Black Lawyers
  • Charles Houston Bar Association
  • National Employment Law Council
  • State Bar of California (Labor and Employment Section)

Speeches:

  • Corporate Labor and Employment Counsel Exclusive - ''Hairpin Turns and Potholes in Investigations - What Would You Do?'' - La Quinta - November 08, 2018
  • Northern District of California Judicial Conference - ''Rights & Remedies: The Latest in Workplace Sexual Harassment'' - Napa - April 2018
  • BASF Labor & Employment Law Section Annual Conference - ''Year in Review'' - Yosemite - January 2018
  • Labor and Employment Counsel Exclusive - ''Emerging Issues in Unfair Competition and Trade Secrets Law'' - Boca Raton - November 2017
  • Kern County Society of Human Resource Professionals - ''Position Yourself Now in the Event You Get Sued Later'' - Fresno - October 2017
  • 13th Annual Corporate Counsel Women of Color - ''Who Stole my Origination Credits'' - New Orleans - September 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Panel Discussion: It’s Going to Be Huge! The Trump Administration and Employers'' - San Diego - May 2017
  • ACC Compliance Day - ''Confidentiality Agreements – Under Attack – But Still Relevant!'' - Burlingame - May 2017
  • Ogletree Deakins Navigating California Employment Law Seminar - ''Position Yourself Now in the Event You Get Sued Later'' - Napa - March 2017
  • National Bar Association Commercial Law Section - ''How to Defend Trade Secrets Act of 2016 Affects Your Employment Agreements'' - Dana Point - February 2017
  • 12th Annual Corporate Counsel Women of Color - ''The 10 Marketing & Advertising Issues Every Lawyer Should Know'' - Las Vegas - September 2016
  • State Bar of California – Labor & Employment Law Section Annual Meeting - ''Retaliation Claims: What You Don’t Know Can Hurt You'' - Berkeley - April 2016
  • Ogletree Deakins Seminar - ''The Perils of the Digitally Integrated Employee'' - Chicago, New York City, Raleigh, Dallas - March 2016
  • Ogletree Deakins Seminar - ''Data Management, Records Retention, and E-Discovery - The Importance of Document Management and Records Retention in “E-Discovery'' - San Francisco - October 2014
  • Ogletree Deakins Corporate Labor and Employment Counsel Exclusive Seminar - ''Modernizing the ‘White Collar’ Overtime Regulations: Back to the Future'' - Dana Point - September 2014
  • National Bar Association (NBA) - ''Jeopardy in the Workplace'' - Atlanta - July 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Drug Policy Rehab: The Straight and Narrow on Legal Marijuana'' - New Orleans - May 2014
  • National Employment Law Counsel (NELC) - ''Workplace Bullying – When the Mean Kids Show up at Work'' - San Francisco - April 2014
  • Ogletree Deakins California Cabernet Seminar - ''California Workplace Investigations – So Much More than Just the Facts'' - Napa - March 2014
  • NBA Gertrude Rush Mid-Year Meeting - ''Mixed Motive Theory (Harris v. City of Santa Monica)'' - Dana Point - Spring 2013
  • NBA Commercial Law Section - ''Employment Law Update'' - San Francisco - February 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''Employment Law Litigation, New Claims and Trends'' - Phoenix - May 2012
  • Ogletree Deakins Seminar - ''Suddenly, Federal Law is Relevant Again'' - San Francisco - October 2011
  • Bridgeport Continuing Education - ''Taking & Defending Depositions'' - San Francisco - July 2011
  • Ogletree Deakins Workplace Strategies Seminar - ''Conducting Successful Workplace Investigations'' - Chicago - May 2011
  • ABA’s 4th Annual Labor & Employment Law Pre-Conference - ''Taking on the Yoke: Women and Minorities as Leaders of National Legal Associations'' - Chicago - November 2010
  • National Labor and Employment Law Developments - ''Avoiding Sexual Harassment in the Workplace'' - San Francisco - October 2010
  • NBA Annual Convention - ''Jeopardy in the Workplace'' - New Orleans - August 2010
  • NBA Annual Convention - ''Meet the EEOC” (moderator)'' - New Orleans - August 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Conducting Successful Workplace Investigations'' - Las Vegas - May 2010
  • Black Women Lawyers Survival Series - ''How to (Not Just) Survive a Law Firm'' - San Francisco - April 2010
  • NBA Labor & Employment Law Section 3rd Annual CLE Conference - ''Coordinator and Luncheon Speaker'' - Atlanta - March 2010

Published Works

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Our Insights

Media

Media Quotes

October 17, 2018 - Law360 - "Calif. Ruling Hamstrings NCAA’s Ability To Sanction Coaches"
August 20, 2018 - SHRM Online - "When Employees Leave: Make Sure Trade Secrets Are Protected"
September 15, 2017 - Law360 - "Tech Industry’s Bias Complaints Not Letting Up Anytime Soon"

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