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Jonathan Allan Klein

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Jonathan is a partner. He offers extensive jury trial and arbitration experience to our clients, especially in the areas of labor & employment, pharmacy and commercial litigation.  Jonathan also counsels employers and employees with various compliance issues, including meal & rest break policies, non-competes, compliance with interactive process, and reasonable accommodations in the workplace.  His practice currently focuses on labor and employment litigation including wage and hour and ADA class action litigation, and he provides a substantial amount of advice and counsel work for employers.  Jonathan has particular expertise in representation of health care providers, pharmacists and pharmacies, including Accusations filed by or discipline sough by various regulatory boards, including the California Board of Pharmacy, as well as in litigation involving alleged malpractice or violations of pharmacists' duties of care.  Jonathan has been extensively involved in disputes with Pharmacy Benefit Managers ("PBMs") and is one of California's few pharmacy law experts.  Jonathan often represents employers seeking return of funds stolen or embezzled. Jonathan has successfully returned several million dollars in ill-gotten gains to his clients.

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Email JONATHAN ALLAN KLEIN for further information.

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Education

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  • University of California at Santa Cruz, B.A. Politics, 1989

  • Santa Clara University School of Law, J.D., 1992, cum laude, Dean's list

  • University of Sussex, Brighton, England, 1987-1988

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admissions

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  • Admitted to practice before all state and federal courts in California, December 1992

  • Admitted to the U.S. District Court, Eastern District of Michigan, 2015

  • Admitted pro hac vice in state and federal courts in Nevada, Idaho, Utah, Montana, Washington, Arizona, Maryland, Michigan, New Mexico and Oregon

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successes

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  • Won Summary Judgment in several employment related matters on behalf of KHIP clients, including Dabson v. Penske and Cooper v. Penske.

  • Successfully defeated Plaintiffs' motion for class certification in the 40,000+ member proposed class in McSwain v. Rite Aid.  Our firm has been counsel for Rite Aid since 1998.  The McSwain case involved allegations that plaintiffs were denied meal and rest breaks as hourly employees at Rite Aid from 2004.

  • Won Summary Judgment in the Eastern District of California before Judge Lawrence J. O'Neill in a disability, interactive process case.  Judge O'Neill agreed with all the contentions in our brief, holding that Plaintiff was not disabled under California law; that Plaintiff failed to satisfy his burden to trigger the interactive process and reasonable accommodation duties; that the evidence count not support a finding that the state reason for terminating the Plaintiff was really a pretext for discrimination; and that there was no basis for an award of punitive damages.  Read the Fenn Order Granting Summary Judgment.

  • Obtained a Temporary Restraining Order against Pharmacy Benefit Manager InformedRX on behalf of an independent pharmacy in California.

  • Won Summary Judgment in a disability discrimination case, Dam v. Rite Aid, before the Central District of California involving Rite Aid's termination of a pharmacist who "hired" his cousin, a pharmacist technician, as a volunteer to help out at his store on a weekly basis.  The Court agreed that no evidence of pretext could exist, since the suspension and termination decision (although no communication of the decision) were made before plaintiff's "disability" arose.  Read the Order Granting Summary Judgment.

  • Successfully defended numerous cases on behalf of employers before binding NLRB-mandated binding arbitrators, in cases of discipline and breach of contract.  Please contact JONATHAN ALLAN KLEIN for examples.

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experience

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  • Extensive trial experience representing plaintiffs and defendants in state and federal courts in labor & employment and class action wage and hour litigation involving issues of unpaid vacation, overtime and meal and rest breaks.

  • Responsible for selection of arbitrators and successful arbitration of dozens of labor arbitration, including matters involving employees of UFCW, Teamsters and ILWU unions in Northern and Southern California.

  • Handled claims before Equal Employment Opportunity Commission, California Department of Fair Employment & Housing, and state agencies throughout the United States, including Nevada, Washington, Idaho, Oregon, Arizona, Utah, Illinois, Connecticut, Georgia and New York.

  • Advises clients regarding compliance with workplace regulations, and regularly represents clients before administrative law judges and panels.  Currently, representing clients before OSHA appeals and unemployment appeals boards.

  • Advises pharmacies regarding compliance with state and federal regulations including duties to warn and HIPAA compliance.

  • Serves as national coordinating counsel and liaison counsel for major retail/pharmacy chains on various pharmaceutical matters, including litigation involving Ephedra, Reglan, Vioxx, Bextra, Celebrex, Baycol and PPA.

  • Regularly presents seminars and training sessions on issues relating to employment and pharmacy law, and represents pharmacists and pharmacies regarding Board of Pharmacy investigations, informal conferences and appeals.

  • Represents numerous employers in issues relating to Medicare's rights to reimbursement under the Medicare Secondary Payer Act.  Assisted in the formation of the Medicare Advocacy Recovery Coalition ("MARC") and strategizes with clients and organizations on legislative and judicial efforts at reform.

  • Repeatedly oversees lawsuits seeking to obtain reimbursement of significant funds stolen from clients by company employees.  In all cases brought to conclusion, employees were sentenced to prison, and substantial assets recovered for our clients.

  • Successfully represented clients in numerous pharmaceutical, American with Disabilities Act, professional negligence, premises liability, commercial litigation, real estate and construction disputes in state and federal courts before regulatory agencies across the United States.

  • Represented pharmacies in significant disputes with Pharmacy Benefit Managers ("PBMs"), insurance companies and other entities.

  • Represents wholesalers, manufacturers and other health-care related industries.

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memberships and affiliations

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presentations

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publications

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  • Co-Author, "Medicare Reimbursement Problems: Making the Possible Impossible, Defense Research Institute," February 2008.  Read the Article HERE.  Mr. Klein, Ms. Liermann and their co-authors won the distinguished G. Duffield Smith Outstanding Publication Award for this article

  • Co-Author, Medicare White Paper, "Medicare Lien Interests in Liability Settlements:  Easy Solutions to Help Resolve Medicare Reimbursement Issues for Beneficiaries and Insurers", October 2007.  Read the White Paper HERE.

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other

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  • Named "Go-To Law Firm" by The American Lawyer Magazine.  See HERE.

  • Named 2012 - 2022 Top Rated Lawyer in San Francisco and Southern California in "Labor & Employment Law", "Commerical Litigation" and "Health Care Law" by Martindale-Hubbell (as an AV-rated Preeminent Lawyer).

  • Named Northern California "Super Lawyer" by San Francisco Magazine (2005-2008, 2015-2022).

  • "5.0 out of 5.0 AV Peer Rating" by LexisNexis Martindale-Hubbell.  See HERE.

  • 8.9 Rating by Avvo Website - See HERE.

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hobbies and interests

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  • Avid Fan of San Francisco Giants

  • Owns Talent Management Company representing full-time musicians in all levels of management

  • 17th years of coaching girls' softball (now coaching tournament 16U Elite softball.)

  • Struggling to learn to play the guitar.

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