LISA M. BERTAIN


Lisa M. Bertain
Shareholder
San Francisco

Lisa Bertain has been a shareholder with Keesal, Young & Logan in its San Francisco office since 1994.  As an active trial lawyer, Lisa defends employers in state and federal courts as well as before FINRA, AAA, and JAMS.

As part of her employment practice, Lisa regularly defends employers in cases involving claims for discrimination, harassment, wrongful termination, defamation, wrongful interference, whistleblower (including Dodd-Frank Act and Sarbanes-Oxley), wage and hour, breach of contract, unfair competition, Privacy Act (including Penal Code Section 632), data privacy issues, bonus claims, deferred compensation and related causes of action.  Lisa also regularly advises clients regarding compliance with employment laws, Human Resources issues, preparation of employment policies.

A significant part of Lisa’s practice is devoted to class actions. Over the past ten years, Lisa has been lead counsel defending companies in state and federal court in connection with class actions involving alleged wage and hour violations, FCRA, unfair business practices, and Private Attorney General Act (“PAGA”) claims.

As part of her securities practice, Lisa has tried cases involving claims for breach of contract, fraud, breach of fiduciary duty, suitability-related claims, negligence, negligent supervision, fraud, violation of NASD and NYSE and FINRA Rules, and violation of the Securities Exchange Act and related state statutes.

Lisa has participated in speaking engagements on various employment-related issues including discrimination, wage and hour issues, whistleblowers, harassment, class actions and litigating with current employees for the Continuing Education of the Bar (“CEB”), the California Trial Lawyers Association (“CTLA”), American Trial Lawyers Association (“ATLA”), Practicing Law Institute (“PLI”), the Association of Western Securities Managers, and Securities Industry Financial Markets Association (“SIFMA”) and seminars for clients.  Lisa has also participated in California Lawyer’s Employment Roundtable Series.

Lisa has twice been voted onto the “BTI Client Service All-Star Team for Law Firms” as selected by the Fortune 1000 Corporate Counsel. Lisa has been named a Northern California “Super Lawyer” every year from 2005 through present.  Lisa also serves on the Salvation Army San Francisco Advisory Board. Lisa is a member of the firm’s Diversity and Inclusion Committee.

Prior to joining Keesal, Young & Logan, Lisa was a Deputy District Attorney in the Alameda County District Attorney’s Office. Lisa received her undergraduate degree from the University of California, Berkeley.  Lisa graduated with honors from the University of San Francisco School of Law.

Education

  • J.D., University of San Francisco School of Law (1986)
  • Undergraduate (with honors), University of California, Berkeley (1982)

Bar Memberships/Admissions

  • California
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Southern District of California
  • United States Court of Appeals for the Ninth Circuit

Examples of class action cases for which Lisa was lead counsel include:

  • Motion to Dismiss granted as to Mendiola-based overtime claims in class action filed by workers on oil platforms.
  • Motion to Compel Arbitration granted and case stayed in meal period putative class action.
  • Defeated class certification in meal period class action filed by bank employee on behalf of over 8,000 employees.
  • Dismissal of overtime misclassification class action brought by Financial Advisor on behalf of over 1,000 employees.  After deposition, class representative resigned.  Defeated plaintiff’s motion to find a new class rep. Case dismissed by Court.
  • Motion to Stay granted and class claims ultimately dismissed in class action brought by financial advisor on behalf of over 1,300 other financial advisors alleging that promissory notes were invalid.
  • Successful resolution of over 20 additional class actions.

Examples of other employment cases for which Lisa was lead counsel include:

  • Jury verdict in favor of employer in a disability discrimination case after 10-day jury trial.
  • Defense award in arbitration filed by former almost 30-year employee alleging 12 causes of action including age discrimination, retaliation, wrongful termination in violation of public policy, interference with prospective economic advantage, fraud, and other claims.
  • Summary judgment obtained on behalf of senior executive at Fortune 500 company who was wrongfully accused of discrimination and retaliation.
  • Defense award in arbitration filed by California lottery winners against brokerage firm and financial advisor and alleging fraud and conspiracy to commit fraud, conversion and related causes.
  • Defense award in arbitration filed by former financial advisor making whistleblower and retaliation claims (including SOX and Dodd-Frank; obtained affirmative recovery on financial advisor’s promissory note of over full amount of principal, interest, and attorneys’ fees (over $300,000).
  • Defense award in arbitration filed by former long-time financial advisor claiming sex and age discrimination, retaliation, and wrongful termination.
  • Recovery of over $2 million against former team financial advisors who left firm with outstanding promissory notes.  Dismissal of $10 million counterclaim without paying any money.

Lisa has participated in speaking engagements on various employment-related issues including discrimination, wage and hour issues, whistleblowers, harassment, and class actions for the:

  • Continuing Education of the Bar (“CEB”)
  • California Trial Lawyers Association (“CTLA”)
  • American Trial Lawyers Association (“ATLA”)
  • Practicing Law Institute (“PLI”)
  • Association of Western Securities Managers
  • Securities Industry Financial Markets Association (“SIFMA”)
  • Seminars for clients
  • California Lawyer’s 2013 Employment Roundtable Series (published in the October 2013 edition of California Lawyer)
  • Northern California “Super Lawyer” (2005–2019)
  • In 2005 and 2007, Lisa was voted onto the “BTI Client Service All-Star Team for Law Firms” as selected by the Fortune 1000 Corporate Counsel.
  • Salvation Army San Francisco Advisory Board member