Timothy W. Moppin practices in the areas of environmental law and litigation, commercial/business litigation, employment law and litigation and construction defects litigation.

EMPLOYMENT

Employment Litigation Practice

Timothy W. Moppin's employment law practice focuses primarily on the representation of management in all aspects of employment litigation and related substantive areas of employment law. He has represented clients in employment litigation in state and federal courts, and before public agencies such as the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Department of Labor, Unemployment Insurance Appeals Board, and the Worker's Compensation Appeals Board. Over the past 19 years, Mr. Moppin has developed a reputation in the defense of management in high-exposure race, sexual harassment and age-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act. Mr. Moppin has successfully represented management in actions involving related claims of discharge in violation of public policy, disability discrimination, reverse discrimination and common law and statutory causes of action. He has also represented employers in large scale wage and hour matters.

Although the vast majority of the litigation has been resolved through settlement or dispositive motions, Mr. Moppin has successfully tried to verdict or judgment numerous employment matters. He has also represented employer clients in appeals before the California Court of Appeal and the United States Court of Appeals. Over the years, Mr. Moppin has gained substantial experience in the use of alternative dispute resolution in employment cases, including various forms of arbitration and mediation. Indeed, Mr. Moppin frequently serves as a mediator for the San Francisco Superior Court's Early Settlement Program.

Employment Counseling and Training Services

A significant part of Mr. Moppin's employment law practice includes a broad range of preventive services for clients designed to avoid employment litigation. These services include providing advice, counseling and training to clients on complex employment matters, including employee terminations, trade secret protection, employee leaves of absence (e.g., under the Americans With Disabilities Act, Workers' Compensation laws, the Family and Medical Leave Act, and California Family Rights Act), workplace privacy, wage and hour matters and the design and implementation of employee handbooks, supervisor manuals and employment policies.

Employment Compliance and Administrative Agency Practice

Mr. Moppin has represented business, corporate and individual clients before various administrative agencies in connection with issues pertaining to compliance with both California and federal employment laws. He has provided representation during investigations and administrative enforcement proceedings. Examples of the agencies before whom he has represented clients include the California Department of Fair Employment And Housing, the Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, Cal-OSHA, OSHA, the California Unemployment Insurance Appeals Board, and the California Worker's Compensation Appeals Board.

ENVIRONMENTAL

Environmental Litigation Practice

Mr. Moppin has a broad range of experience in environmental and toxic substance matters which involve crossovers to varied areas of real estate, construction, products liability and environmental law as well as matters involving multiple parties, complex issues and voluminous documents.

Environmental Compliance and Administrative Agency Practice

Mr. Moppin has represented corporate, business and public entity clients before various administrative agencies in connection with issues pertaining to a myriad of hazardous substances ranging from industrial dumping, leaking underground storage tanks and pipe-lines and chemical contamination involving soil and groundwater contamination. He has represented clients before California state agencies, including the Water Resources Board, the Department of Toxic Substances Control and various Regional Water Quality Control Boards. In addition, he has represented clients in matters pertaining to various local agencies such as the San Francisco Bay Area Air Quality Management District, the San Mateo County Department of Health and the Alameda County Health Services Agency. He has also represented clients before the United States Environmental Protection Agency and the California Environmental Protection Agency.

Mr. Moppin has experience in remediation and site monitoring and general compliance with California and federal environmental laws and regulations, including compliance with air emission standards. Specific experience includes work with the Comprehensive Environmental Response, Compensation and Liability Act, SuperFund Amendments and Reauthorization Act, Resource Conservation and Recovery Act, SuperFund Accelerated Cleanup Model, Clean Water Act, Clean Air Act, California Environmental Quality Act, Porter-Cologna Water Quality Control Act, Safe Drinking Water and Toxic Enforcement Act (Proposition 65), Hazardous Waste Control Law, the Hazardous Substances Account Act and the Fish and Game Code.

Environmental Consulting and Due Diligence Experience

Mr. Moppin provides environmental consulting services, including conducting due diligence in connection with the sale of assets, negotiating and preparing environmental indemnity agreements and representing clients in connection with environmental impact reports and the purchase and sale of contaminated property. His experience in banking and real estate transactions enables him to assist clients in addressing potential environmental issues as they arise in such transactions.

He is a member of The State Bar of California, the Bar Association of San Francisco and the Alameda County and Charles Houston bar associations. Mr. Moppin is a 1987 graduate of the University of California at Berkeley--Boalt Hall School of Law and a graduate of the University of Pennsylvania, where he received a degree in Economics from the Wharton School of Business.

Areas Of Practice

Environmental Law and Litigation
Commercial/Business Litigation
Employment Law and Litigation
Construction Defect Litigation

Professional Activities

Bar Association of San Francisco
-Delegate, 2003
Adjunct Judge, Early Settlement Program, San Francisco Superior Court
Alameda County Bar Association
The State Bar of California
- Conference of Delegates
--2003 Sergeant-at-Arms Committee
Charles Houston Bar Association
Director, Wiley Manuel Law Foundation

Admissions

California
United States Court of Appeals for the Ninth Circuit
United States District Courts for the Northern and Eastern Districts of California

Education

University of California, Berkeley, Boalt Hall School of Law, J.D., 1987

Experience

Duane Morris LLP
- Partner, 2007-present
- Special Counsel, 2000-2006
Flynn & Phillips
- Litigation Associate, 1998-2000
Arnelle, Hastie, McGee, Eillis, & Greene
- Litigation Associate, 1994-1998
Wendel, Rosen, Black, Dean & Levitan
- Litigation Associate, 1992-1993
Fitzgerald, Abbott & Beardsley
- Litigation Associate, 1988-1992
New United Motor Manufacturing, Inc.
- Associate, 1987-1988

Selected Speaking Engagements

Speaker, Issues of Bias and Diversity in Mediation and Arbitration Seminar, San Francisco, California, January 16, 2004
Speaker, "Perchlorate: Is it Really a Grain of Salt?" program of the Environmental Law Section of The Bar Association of San Francisco, May 28, 2003
Panelist, "What Clients Want - and Professional Responsibility," Multi-Jurisdictional Practice and Environmental Lawyers: Here, There, and Everywhere?, seminar sponsored by the Environmental Law Section of the Bar Association of San Francisco, San Francisco, California, January 23, 2003
Host, "Information Technology Litigation: Representing Your Client in Software Performance & System Failure Claims," California/New York Live Practising Law Institute Videocast, May 23-24, 2002