Mr. Bergstrom's practice includes a broad variety of complex litigation matters in both federal and state court, including wage and hour class action, trade secret litigation, and complex employment matters. He also advises retailers and other businesses on public accommodation access laws, including Title III of the Americans with Disabilities Act and California’s Unruh Act.

Mr. Bergstrom regularly counsels companies on various topics including wage and hour issues, unfair competition, trade secrets, privacy, outsourcing, terminations, employment agreements, accommodating disabilities, leaves of absence, and employment policies and procedures. He has successfully represented clients in individual and class action suits involving claims for unfair competition, misappropriation of trade secrets, violation of the Consumer Legal Remedies Act, unpaid wages, overtime, discrimination, harassment, retaliation, wrongful termination, fraud, and defamation.

Mr. Bergstrom recently testified before Congress concerning the impact of the United States Supreme Court’s decision in Garcetti v. Ceballos. He also frequently lectures to management groups and conducts in-house workshops regarding compliance with California and federal laws. He also develops and implements personnel policies and handbooks for various companies.

In 2008, Mr. Bergstrom was recognized by PLC Which Laywer? for his “broad employment litigation practice comprising of unfair competition, trade secrets, privacy, outsourcing, terminations, employment agreements, and wage and hour issues.” Chambers and Partners also recommended Mr. Bergstrom and said that clients and peers described him as “very thorough, bright and aggressive if needed.”

• A judge granted our motion to strike class allegations seeking to require a major restaurant chain to bring all of its restaurants in California (more than 1,000) into compliance with state disability access laws. The court struck these allegations based both on plaintiff's lack of standing and the lack of any allegations to establish a “well defined community of interest” in the wide-ranging alleged class. In addition, in a somewhat amazing turn of events, the judge proceeded to strike the class allegations in ten other complaints that were coordinated with our case without any motion by the other defendants. The matter was subsequently dismissed without payment of any sums by our client.
• Obtained dismissal of a private attorney general representative action filed against a national retailer pursuant to California Business and Professions Code Section 17200, seeking recovery of damages and penalties relating to alleged meal period and break violations.
• Represented an aerospace manufacturer in a trade secret matter filed against a former employee and his subsequent employer, one of our client's primary competitors. After announcing his resignation, the 28-year employee stole vital company trade secrets by emailing documents from his corporate email address to his personal email address. The employee then attempted to cover his tracks by deleting the email messages from his sent items folder on the company network. Based primarily on computer forensic evidence, we were able to obtain a temporary restraining order against the former employee as well as the company's competitor, requiring preservation of all evidence and the return of the trade secret information, and prohibiting further use or distribution. We subsequently obtained evidence indicating the employee had copied the entire contents of his company laptop onto an external hard drive prior to his resignation. The competitor terminated the employee, a permanent injunction was entered by the court, and we settled the case on terms very favorable to our client.
• Obtained a unanimous jury verdict in a three-week trial involving claims by a molecular biologist against her former employer for wrongful termination based on alleged whistle- blowing activities, gender discrimination, and sexual harassment.
• Obtained a preliminary injunction against a former employee prohibiting contacts with customers or current employees due to the former employee’s improper use of trade secret information and breach of an employment contract.
• Obtained dismissal of putative class action seeking reimbursement of unpaid medical expenses for a period of four years on behalf of current and former employees.