Supervisor Liability in Employment Litigation

April 2016

Spring 2016  

Supervisor Liability 
in Employment Litigation

Published in 
California Lawyer

With great power comes great responsibility. No, we’re not talking about Spider-Man (but see Kimble v. Marvel Entertainment, Inc., 13 5 U.S. 2401, 2015).

Actually, we’re talking about the liability of a supervisor who harasses an employee. When that happens, legal responsibility rests not only with the employer, but with the individual supervisor as well. This can be heavy liability, but when the circumstances warrant, the courts have not hesitated to impose it.

Buy/Sell Basics: The Three Ways Ownership Transfers Occur
Published in 
Automotive Buy/Sell Report

This article discusses the basics of asset purchase agreements. 

An asset transfer is the most common means of transferring all of a privately owned business.  Buyers prefer to buy assets because it limits exposure to the seller’s liabilities. But the limited exposure is not automatic. It is the result of a carefully crafted agreement and properly handled transaction from start to finish. 

We’re glad to welcome…

Gray·Duffy is pleased to welcome Allyson Weldon, who will be joining our Encino office as a summer law clerk intern. 

Ms. Weldon has completed her second year at Southwestern Law School, where she ranks in the top 20 percent of her class. She is an active member of Southwestern’s prestigious Moot Court Honors Program and has competed in numerous Moot Court competitions. 
Prior to law school, Ms. Weldon received her Bachelor of Arts in History from San Francisco State University.

Verdicts and Settlements

Marsh et al. v. ZaaZoom Solutions et al.
Gray·Duffy achieved an outstanding 
defense settlement in a consumer class action on behalf of Check Processing Software Company and 
National Banking concern.


Richard M. Williams of our Redwood City office successfully 
represented Jack Henry & Associates, Inc., and the First National Bank of Central Texas in a nationwide class action involving allegations of fraud, misrepresentation and violations of California and Nationwide Consumer protection and banking laws in the automated check cashing and processing industry. 

The case was ultimately certified as to the issue of negligent conduct only, as motions to dismiss based upon the statutory defenses were granted in favor of the defendants. 

The plaintiff class demanded in excess of $50,000,000, and the case ultimately settled for $115,000.

Jacqueline Price v. G & K Management Company, Inc.

Gray·Duffy obtained a summary judgment for an apartment

Michael Eisenbaum management company in a trip and fall lawsuit and obtains an award for costs.

Michael Eisenbaum of Gray·Duffy’s Encino office successfully brought a motion for Summary Judgment against the plaintiff in a trip and fall lawsuit. Costs were awarded to the firm’s client as a result of judgment in their favor.

Hear From Our Clients*

Ed Scott and Michelle MacDonald have excellent reputations and a strong rapport with their fellow attorneys, mediators, and judges, a fact which has helped our cases reach resolution quickly and economically. Ed and Michelle have done an outstanding job of meeting the strict legal guidelines in the insurance industry. I would recommend them to any insurance carrier in need of proactive attorneys who are also personable and pleasant to work with, and I look forward to working with them myself in the future.”

-Sherry Kretzer, Lincoln General Insurance Company

*These endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.

View our latest webinar!

Want more information on buying or selling a business? 
View part I of our complimentary webinar series on the Buy/Sell Basics 
Erin K. Tenner.

So You Think You Know 
The Law?

True or False?

True or False?

A buyer will never have successor liability when it buys assets of a seller if it does not explicitly assume any liabilities. 

When a buyer buys assets of a business, a buyer can acquire successor liability for all of a seller’s employment obligations by agreeing to give the seller’s employees who were hired by the buyer the same vacation time they had with the seller.

Real Estate Corner

California’s Unsettled Area of Law – The Taxation of Short Sales

Sellers are unsettled about the tax consequences of a short sale.  Will they be subject to cancellation of debt (COD) income? Unfortunately, for California taxpayers the answers are not completely clear and there may be different results under Federal and California law.
A short sale involving recourse debt (generally non-homeowner, investor debt), where the lender agrees to reduce some or all of the outstanding debt, may give rise to income. The amount of the debt that the lender agrees to write off is treated as cancellation of debt (COD) income.
This COD income, which is treated as “ordinary income” under certain circumstances, may be subject to taxation. However, State and Federal law provides for certain exceptions. 



Practice Areas    

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.