Don Hernandez focuses on employment class actions and intellectual property litigation, including trade secret theft. He has tried numerous cases to verdict before federal and state court juries, successfully appeared numerous times before arbitral forums and appellate courts, and consistently achieved favorable resolutions for his clients at every stage of the litigation process. He often litigates across sovereign borders, particularly in relation to Hong Kong and Singapore. He has achieved favorable outcomes in 6 of 8 trials.
Mr. Hernandez has substantial employment litigation experience, including class action experience, in both the federal and state courts in California. He and his trial team prevailed on the major liability issues in a class action jury trial in the US District Court for the Central District of California. More recently, he obtained a California Superior Court order dismissing the plaintiff’s class action allegations for violations of the California labor and employment statutes and regulations against his client. He has successfully represented employers in class action litigation brought for alleged meal period, rest period and overtime violations. He also represents employers in high-stakes and/or complex single-plaintiff employment litigation, including cases involving claims of trade secret theft.
Mr. Hernandez has first-chaired some twenty patent, trademark, copyright and trade secret cases. His intellectual property experience includes Markman hearings and successful trial defenses. His intellectual property experience also includes evaluating and drafting license, fair use and royalty arrangements. He has also represented employers in numerous trade secrete cases before the California courts, and boasts an unblemished record with respect to trade secret injunctions sought by or against his clients.
Prior to joining Zuber Lawler, Mr. Hernandez practiced at Fried Frank and White & Case.
Honors & Achievements
- Fellow, Litigation Counsel of America
- Section Co-Chair, (former) Health Law Litigation Committee, ABA
- Section Co-Chair, (former) Lawyer Representatives for the U.S. District Court, Central District of California
- Member, Central District’s Attorney Admissions Fund Committee
- President (1995 – 1998), Harvard Club of Southern California
- Regional Director (2000 – 2003), Harvard Alumni Association
Stanford Law School
A.B., 1983, cum laude
U.S. Court of Appeals – 9th Circuit
U.S. Court of Appeals – 11th Circuit
U.S. District Court – Central District of CA
U.S. District Court – Northern District of CA
U.S. District Court – Southern District of CA
U.S. District Court – Eastern District of CA