Henry D. Lederman. Focus Areas. Overview

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1 Shareholder Co-Chair, Alternative Dispute Resolution Practice Group Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, CA main: (925) direct: (925) fax: (925) Focus Areas Alternative Dispute Resolution Appellate Practice Discrimination and Harassment Overview Henry D. Lederman has devoted his practice almost exclusively to employment law counseling, litigation and appeals, including those related to the drafting and enforcement of arbitration agreements. He appears in California state and federal trial and appellate courts and has particular expertise with the Federal Arbitration Act and state arbitration statutes. From 1998 to 2012, Henry served as Littler Mendelson s General Counsel and, in that role, addressed compliance issues related to state rules of professional conduct, including the California rules and American Bar Association model rules. A skilled litigator, Henry recently appeared before the United States Supreme Court and prevailed on behalf of his client in a matter involving the enforcement of an arbitration agreement. Other notable successes include upholding the preemption under federal labor law of state tort claims, a finding that two provisions of the California Labor Code were unconstitutional, and a California Supreme Court reversal that established a new standard for just cause dismissal that is favorable to California employers. Henry works with a variety of clients in many different industries, including retail, manufacturing, consumer products, service providers and more. 1

2 Henry is the Co-Chair of the firm's Alternative Dispute Resolution Practice group and a core member of the Appellate Practice Group. He has served as an instructor for the California Continuing Education of the Bar and has given lectures, training sessions and seminars on arbitration law, legal ethics, wrongful termination and employment discrimination before employer organizations, corporations and attorney groups. Previously, Henry worked as an attorney for the National Highway Traffic Safety Administration, part of the United States Department of Transportation. Recognition Named, America's Leading Lawyers for Business, Chambers USA, Named, Super Lawyer, Northern California, Super Lawyers, Awarded, AV Peer Review Rating, Martindale-Hubbell Education J.D., New York University School of Law, 1974 B.A., University of Maryland, 1971, Phi Beta Kappa Bar Admissions California District of Columbia New York Courts U.S. Supreme Court U.S. Court of Appeals, 8th Circuit U.S. Court of Appeals, 9th Circuit U.S. Court of Appeals, 10th Circuit Publications & Press Supreme Court Emphatically Defends Arbitration Agreements from State Interference May 18, 2017 California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable September 8,

3 Ninth Circuit Finds Arbitration Agreement That Required Employees to Bring Claims in Separate Proceedings Illegal Under the NLRA Littler ASAP August 23, 2016 Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable Under the NLRA May 27, 2016 NLRB Continues Attack on Class and Collective Action Waivers February 22, 2016 Changes to California Civil Rights Laws Implicate Arbitration Agreements: What Employers Need to Know Thomson Reuters Westlaw Journal Employment February 3, 2015 NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers November 11, 2014 Class Action Waivers Good in California, PAGA Waivers Perhaps June 26, 2014 Class Action Waivers Good In Calif., PAGA Waivers Perhaps Law360.com June 26, 2014 State Supreme Court rules for employers, but leaves door open for worker claims Daily Journal June 24, 2014 Calif. High Court Ruling A Nail In DR Horton s Coffin Law360.com June 23, 2014 Littler and Its Attorneys Ranked In 2014 Chambers USA Guide May 23,

4 California Court of Appeal Holds Employers Must Establish Interstate Commerce for FAA Preemption Littler ASAP April 8, 2014 Through the Lens of Concepcion: California Supreme Court Revisits the Validity of Agreements Requiring Employee Waiver of Wage Claim Administrative Processes October 30, 2013 Littler Mendelson Named in the 2013 Chambers USA Guide May 24, 2013 Will the composition of the state high court affect California arbitration law? Daily Journal March 15, 2013 NLRA versus FAA: Why the NLRB got it wrong in D.R. Horton Daily Journal July 18, 2012 California Court Upholds Class Action and PAGA Waivers in Arbitration Agreement July 9, 2012 The "Bring Your Own Device" to Work Movement Littler Report May 10, 2012 US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA March 5, 2012 NLRB Strikes Down Arbitral Class Action Waiver January 9, 2012 Littler Names Rob Friedman and Henry Lederman Chairs of ADR Practice August 26,

5 Supreme Court finds class arbitrations counter intent of the FAA InsideCounsel July 1, 2011 Chambers USA Honors Littler And Its Attorneys June 27, 2011 Damming the Deluge of Employee Class Actions in the Second Circuit: Class Action Waivers in Employment Arbitration Agreements Following Supreme Court Decision May 19, 2011 Supreme Court Finds California Class Action Arbitration Waiver Enforceable April 27, 2011 California Supreme Court Holds Right to File Wage Claim with State Labor Commissioner Trumps Pre-Dispute Arbitration Provision March 1, 2011 The Littler Ten: Employment, Labor and Benefit Law Trends for Navigating the New Decade Littler Report September 30, 2010 U.S. Supreme Court Rules in Favor of Littler Clients June 29, 2010 U.S. Supreme Court Rules Arbitration Clause Delegating Contract Enforceability Issues to Arbitrator Is Enforceable June 21, 2010 Littler Attorneys Honored by Chambers USA June 21, 2010 Supreme Court Rules Class Action Arbitrations Impermissible Absent Express Agreement April 28,

6 Defense Appropriations Bill: Impact On Contractors Law360.com January 19, 2010 Defense Appropriations Bill Restricts Federal Defense Contractors Use of Arbitration Agreements December 24, 2009 California Court of Appeal Finds Arbitration Agreement With PAGA Waiver Unenforceable March 13, 2009 The California Supreme Court Leaves a Window of Opportunity for Class Action Waiver Clauses in Employment Arbitration Agreements June 29, 2005 Wrestling with Preston? The California Supreme Court Holds Pre-Dispute Arbitration Provisions Are Trumped By California Public Policy When Employees Bring State Labor Commissioner Actions to Redress Their Wage Claims Speaking Engagements The Current Status of Arbitration Agreements Under the New Administration and in the Courts May 11, 2017 Flanking Attacks and Other Maneuvers: How the Plaintiffs Bar Defeats Arbitral Class Waiver Clauses May 5, 2016 Iskanian and the Future of Arbitral Class and Representative Action Waivers July 16, 2014 Brinker after Kirby: Still No Free Lunch in California Littler Mendelson, Scottsdale, AZ May 11, 2012 The Never-Ending Story: Arbitration Agreements and the Law Littler Mendelson, Scottsdale, AZ May 10,

7 Class Action Summit Carlsbad, CA September 26, 2011 AT&T v. Concepcion: What the Ruling Means to You June 21, 2011 Arbitration Agreements: Clause and Effect August 27, 2010 Anatomy of an Effective Employment Contract for Employees and Executives San Francisco, CA May 9, 2007 Books & Book Chapters Employment Arbitration Agreements - A Practical Guide, Aspen Publishers Inc., General Editor,