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Rob Cutbirth is a partner with and chairs the San Francisco-Downtown office, and he also practices in the Sacramento office. Mr. Cutbirth brings more than 30 years of national trial experience in complex multi-party, class and multi-district claims, as well as arguing a number of significant appellate cases.
Mr. Cutbirth’s commercial litigation practice includes the enforcement and defense of local, regional and national companies with respect to intellectual property (including trademark and copyright), trade libel and defamation, unfair business practices (including false advertising, improper pricing, and deceptive bargaining and contracting), and disability accommodation (premises and website accessibility).
He also regularly manages employment disputes (breach of contract, discrimination/harassment/wrongful termination, stock option/compensation), as well as the defense of directors and officers, lawyers, public accountants, design and construction, and other professionals facing claims of breach of duty or professional negligence. Mr. Cutbirth also regularly defends and protects the interests of clients in conformity with breach notification, privacy and technology errors and omissions claims.
Serving as outside general and litigation counsel for an array of businesses, including retailers and emerging technology companies, Mr. Cutbirth regularly provides strategic guidance and risk management/risk avoidance services in the areas of vendor, real property, professional services, as well as strategic employer initiates and comprehensive compliance programs intended to protect trade secrets and confidential information, as well as compliance with governing employment laws and best practice standards. This area of Mr. Cutbirth’s practice also includes risk management, where he conducts contract reviews, technology and compliance audits (to ensure corporate and regulatory compliance), and development, implementation, and compliance with regulatory and corporate governance standards, including privacy and data security obligations imposed by law, financing agreements, or directives from owners and governing boards. He also defends TCPA and FDCPA claims. |
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- Commercial Litigation/Directors & Officers
- Coverage and Extra Contractual Liability
- Data Security, Privacy & Technology
- Education
- Employment
- Intellectual Property
- Media Liability
- Professional Liability
- Technology
- California
- Supreme Court of the United States
- United States Court of Appeals, Ninth Circuit
- United States District Court, Central District of California
- United States District Court, Eastern District of California
- United States District Court, Northern District of California
- United States District Court, Southern District of California
- J.D., University of the Pacific, McGeorge School of Law
- B.S., Southern Oregon University, cum laude
- “Handling Marijuana, Alcohol and Prescription Drugs in a Modern Workplace,” California Association of School Board Officials Northern Section Professional Development Institute (February 2018)
- "The Road Back to Work: Safer Paths to Occupational Disability Accommodations," American Public Transportation Association (APTA) Risk Management Seminar, San Diego, California (August 2017)
- "Occupational and Non-Occupational Disability Accommodations: Avoid the Risks!", Disability Management Employer Coalition (DMEC) 2017 Annual Conference, Anaheim, California (August 2017)
- "Successful Management of Risks and Responses in Return to Work and Disability Accommodation Requests in the Workplace," California State University Risk Management Conference, Sacramento, California (November 2016)
- "Identifying, Responding, and Defending Current Risks to Employers – 2016," In-House Counsel Summit (October 2016)
- "Some Current Issues All Multi-State Employers Should Address in 2016," Hot Topics in Employment & Employee Benefits Law (October 2016)
- "The Advantages and Risks of Social Networks: A Look into the Future," California Association of Joint Powers Authorities 2016 Conference, South Lake Tahoe, California (September 2016)
- "Piecing Together Data Policies That Make Sense in an Ever-Changing World, Practical Tips and Tools to Deal with Cybersecurity Challenges,” (July 2016)
- "Hidden Pitfalls in WC/Employment Law Ramifications," California Coalition on Workers’ Compensation 14th Annual Conference, Anaheim, California (July 2016)
- "Successfully Navigating the Tripartite Relationship Between Insurers, Insureds, and Defense Counsel," Professional Liability Underwriting Society Northern California Chapter Workshop, San Francisco, California (May 2016)
- "The Interactive Process in California," NonProfits United Webinar (March 2016)
- "Insurance: Buying the Right Coverage” and “Privacy and Data Security Risks: Are You Prepared? (July 2015)
- “Psychiatric and Stress Claims: How Not to Go Crazy Just Because Your Employee Did," California Public Agency Risk Management Association Statewide Conference (February 2015)
- "Managing Employer Risks, Exposures and Compliance Obligations under the Affordable Care Act – Essentials for Ensuring Compliance with Ever Changing Roles and Responsibilities," EPlace Solutions webinar (February 2015)
- "Data Security: Managing the Crisis," 2014 In-House Counsel Summit (October 2014)
- "Going Cold Turkey: Opioids, Prop. 215 and Other Drugs: Strategies to Manage and Minimize Abuse," California Public Agency Risk Management Association State Conference (February 2014)
- "Private and Confidential: What You Need to Know about HIPAA/HITECH/CMIA/CIPA, etc. in 2013," instructor/presenter (October 2013)
- "The Advantages and Risks of Social Networks and a Look into the Future," California Association of Joint Powers Authorities Annual Conference (September 2013)
- "Boot Camp: Overview of Public School Risk Management Needs and Obligations," North Bay Schools Insurance Authority Special Presentation, instructor/presenter (September 2013)
- "Jurisdictional Issues Affecting The Insurer-Insured Relationship," panelist and co-author of Associated White Paper: American Bar Association, Tort Trial and Insurance Practice Section, Semi-Annual Conference (February 2009)
- "Emerging Trends in Directors and Officers and Errors and Omissions Policies," panelist and co-author of Associated White Paper: American Bar Association, Tort Trial and Insurance Practice Section, Semi-Annual Conference (February 2008)
- "Practical Methods to Limit, Negate and Transfer Risk Exposures," California Association of Joint Powers Authorities Annual Conference (September 2007)
- "Duty to Defend," Property Liability Research Bureau, National Claims Conference (2000-2004)
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