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Arthur S. Gaus

Associate

Direct Dial (510) 835-6811

Fax (510) 835-6666

agaus@burnhambrown.com

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Arthur is an experienced litigator who combines detailed fact-finding with creative and aggressive writing and oral advocacy. His unique approach has produced a track record of success in both state and federal courts.  Arthur has successfully represented defendants in California state courts, Federal Courts and the Ninth Circuit court of appeals in a variety of actions including single-plaintiff and class-action labor and employment claims, ADA access cases and commercial breach of contract actions. 

Practice Experience

  • Represents and counsels employers in single-plaintiff and class-action employment civil lawsuits, including FEHA discrimination, harassment, retaliation, wrongful termination, wage and hour, civil rights and in administrative actions before the Department of Labor Standards Enforcement, and the Worker's Compensation Appeals Board.
  • Represents and counsels businesses in single-plaintiff and class-action ADA access lawsuits including access remediation and compliance.
  • Advises businesses on compliance with state, Federal and international privacy laws including CCPA, and GDPR.

Litigation

  • Represents employers in all facets of litigation including investigations, pre-litigation negotiation, discovery and motion practice including at oral arguments in state court, Federal Courts, the Ninth Circuit Court of Appeals.

Advice & Counsel

  • Counsels and represents businesses, including large and mid-size restaurant franchises, small businesses, contractors and transportation companies in business and employment matters with an emphasis on employment law compliance and risk management.
  • Counsels businesses on privacy policy and compliance including compliance with the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) including development of policies, disclosures, notifications and best practices surrounding data collection and use. 

Successes

  • December 2013: Represented large public transit district in litigation related collective bargaining negotiations including bad-faith allegations and violations of the National Labor Relations Act.
  • February 2018: Worked in collaboration with co-counsel to secure dismissal of sex harassment claim for failure to state a claim and forum non conveniens.
  • April 2019: Successfully represented large national retailer against serial ADA plaintiff at oral argument, resulting in reopening of discovery and summary judgment for defendant. 
  • June 2019: Successfully represented landlord in written submission and oral argument and resulting in the Court vacating default judgment on equitable grounds. 
  • March 2020: Successfully represented employer in breach of contract action, successfully defended writ of attachment, which prompted quick and favorable settlement of claim. 

Memberships and Affiliations

  • Member of Alameda Bar Association
  • Member of International Association of Privacy Professionals (IAPP)

Community Involvement

  • United States Boxing Association, member

Publications

  • Trolling Attacks and the Need for New Approaches to Privacy Law, University of San Francisco Law Review, December 2012.

Speaking Engagements

  • Taste On a Fly SFO, Regularly Invited to Speak (April 2018 - Current).

Arthur is an experienced litigator who combines detailed fact-finding with creative and aggressive writing and oral advocacy. His unique approach has produced a track record of success in both state and federal courts.  Arthur has successfully represented defendants in California state courts, Federal Courts and the Ninth Circuit court of appeals in a variety of actions including single-plaintiff and class-action labor and employment claims, ADA access cases and commercial breach of contract actions. 

  • Represents and counsels employers in single-plaintiff and class-action employment civil lawsuits, including FEHA discrimination, harassment, retaliation, wrongful termination, wage and hour, civil rights and in administrative actions before the Department of Labor Standards Enforcement, and the Worker's Compensation Appeals Board.
  • Represents and counsels businesses in single-plaintiff and class-action ADA access lawsuits including access remediation and compliance.
  • Advises businesses on compliance with state, Federal and international privacy laws including CCPA, and GDPR.
  • Represents employers in all facets of litigation including investigations, pre-litigation negotiation, discovery and motion practice including at oral arguments in state court, Federal Courts, the Ninth Circuit Court of Appeals.
  • Counsels and represents businesses, including large and mid-size restaurant franchises, small businesses, contractors and transportation companies in business and employment matters with an emphasis on employment law compliance and risk management.
  • Counsels businesses on privacy policy and compliance including compliance with the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) including development of policies, disclosures, notifications and best practices surrounding data collection and use. 
  • December 2013: Represented large public transit district in litigation related collective bargaining negotiations including bad-faith allegations and violations of the National Labor Relations Act.
  • February 2018: Worked in collaboration with co-counsel to secure dismissal of sex harassment claim for failure to state a claim and forum non conveniens.
  • April 2019: Successfully represented large national retailer against serial ADA plaintiff at oral argument, resulting in reopening of discovery and summary judgment for defendant. 
  • June 2019: Successfully represented landlord in written submission and oral argument and resulting in the Court vacating default judgment on equitable grounds. 
  • March 2020: Successfully represented employer in breach of contract action, successfully defended writ of attachment, which prompted quick and favorable settlement of claim. 
  • Member of Alameda Bar Association
  • Member of International Association of Privacy Professionals (IAPP)
  • United States Boxing Association, member
  • Trolling Attacks and the Need for New Approaches to Privacy Law, University of San Francisco Law Review, December 2012.
  • Taste On a Fly SFO, Regularly Invited to Speak (April 2018 - Current).
  • University of San Francisco School of Law (J.D., 2012)
  • University of California, Santa Cruz (B.A. in History, 2004)
  • California, 2013
  • U.S. Court of Appeals, Ninth Circuit, 2019
  • U.S. District Court, Central District of California, 2018
  • U.S. District Court, Eastern District of California, 2018
  • U.S. District Court, Northern District of California, 2013
  • U.S. District Court, Southern District of California, 2018