Overview
Speeches
Publications
Matters

Responsiveness to clients is extremely important and something we do very well. We do not waste our clients’ time or money by overlawyering. We provide timely, practical advice.

Amy Durgan is an associate in the firm’s San Francisco office. She provides employment advice and counsel and litigation expertise to organizations ranging from Fortune 500 companies to privately run businesses. She has worked with clients in a variety of industries, including banking and financial services, technology, media, food and wine, manufacturing, retail, hospitality, waste and recycling, and non-profit. Amy frequently counsels colleges and universities on employment matters. She advises management and human resources professionals regarding all aspects of employment law, including compliance with state and federal wage and hour laws, compliance with discrimination, harassment, and disability laws, disciplining and terminating employees, administering leaves of absence under state and federal law, employee privacy rights, workplace violence, and trade secrets. She also routinely prepares employee handbooks, severance agreements, bonus and commission plans, and related employment policies and contracts. Amy also conducts investigations into internal complaints of discrimination and harassment. She also presents management training on employment law compliance, and lectures on employment topics before professional organizations.

Amy has represented management in all aspects of employment litigation, including claims of wrongful termination, constructive discharge, harassment, discrimination, defamation, retaliation, wage and hour, and breach of contract lawsuits in state and federal courts and before various administrative agencies including the U.S. Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, California Department of Labor Standards Enforcement, California Employment Development Department, the Workers’ Compensation Appeals Board, and the San Francisco Office of Labor Standards Enforcement. Amy’s litigation and/or settlement strategy is always designed to ensure that the client’s goals are being met.

Amy has lived in San Francisco for over 20 years. Prior to going to law school, she worked in book publishing and independent film for a decade. In her spare time, she enjoys baking bread, planting trees with Friends of the Urban Forest and spending time with family, including her calico cat.

Steve Hirschfeld and Amy Durgan Speak to the Santa Clara County Employer Advisory Council on “Reimagining Your Employee Handbook: Has the Time Finally Come?”

Hiring to Firing – Managing Risk Beginning to End

Amy Durgan presents “Business Booster: Employment Issues”

Business Booster: Recruiting Issues

New Employment Laws for 2013

Seconded attorney to The Clorox Company (October 2015 through January 2016)

Successfully petitioned California Court of Appeal to issue peremptory writ of mandate overturning trial court’s order

Obtained summary judgment and large award of attorneys’ fees on behalf of software company as the prevailing defendant in retaliation case

Obtained summary judgment in age discrimination case

Obtained defense verdict in two Labor Code section 132a trials before the Workers’ Compensation Appeals Board

Obtained temporary restraining order against former employees of retailer who misappropriated source code and customer and investor lists to establish competing business

Won motion for terminating sanctions due to opposing party’s discovery abuses in breach of contract dispute and obtained $2.1 million default judgment

Obtained temporary stay of proceedings in state superior court pending outcome of petition for writ of mandate under CCP section 1085

Successfully defended employer ($0 award) at Labor Commissioner hearing involving former employee’s claim for over $400,000 in “on call” time

Successfully opposed remand motion based on Labor Management Relations Act preemption and diversity jurisdiction grounds.

Education

University of San Francisco School of Law, J.D. 2006, cum laude

Bucknell University, B.A. 1993, cum laude, Phi Beta Kappa

Summer Course on European Labour Law, Trier, Germany, July 2016

Admissions

California

U.S. District Court, Northern, Eastern and Central Districts