James Kan

Attorneys

James-Kan

James Kan represents workers demanding fair compensation and working conditions free from discrimination, protects consumers against unfair business practices and violations of their privacy, and advocates for individual executives who need severance negotiations.  Since 2005, James has:

  • Litigated a sex discrimination class action on behalf of women who worked for Disney in California alleging unequal pay for the same or equal work as male colleagues.  Won a motion for class certification for California Equal Pay Act claims.  Resulted in a $43.25 million settlement that is nearing the end of the court approval process.
  • Won a jury verdict in a Fair Labor Standards Act case on behalf of 55 Chili’s restaurant servers for unpaid wages.  Also won the appeal to uphold the verdict before the Fifth Circuit Court of Appeal.
  • Co-lead trial counsel in a California Private Attorney General Action representative action on behalf of thousands of Oracle America, Inc. sales employees paid commission wages.  Litigated through two phases of trial to successful bench rulings.  Won motions for summary adjudication on the calculation of PAGA civil penalties ahead of a third penalties phase of trial.  Resulted in a $15.5 million settlement.
  • Co-lead litigation and trial counsel in a nationwide and California class action on behalf of nearly 100,000 Werner Trucking, Inc. truck drivers for minimum wage violations and other wage and hour claims.  Won motions for summary adjudication, defeated several motions for decertification and reconsideration, and defeated Daubert motions challenging Plaintiffs’ experts.  Resulted in a $18 million settlement on the eve of trial that is currently undergoing the court approval process.
  • Litigated a class action on behalf of California consumers under California’s Invasion of Privacy Act, resulting in a certified statewide class and later in a $10 million settlement.
  • Negotiated severance or separation agreements against Fortune 500 and other major companies on behalf of individual executives and high-net worth employees, including a recent 7-figure severance award involving a major software company ranked on the Fortune Future 50 list.

James has been selected by SuperLawyers as a Super Lawyer or Rising Star since 2014 and recognized as one of Lawdragon’s 500 Leading Civil Rights and Plaintiff Employment Lawyers since 2018.  James is an active member of the America Bar Association’s Equal Employment Opportunity committee where he formerly served as the committee Co-Chair on behalf of all plaintiffs’ side practitioners.  James regularly lectures or serves as a panelist on equal employment opportunity law, wage and hour law, and complex litigation topics.  He is also a current board member of the Asian Law Caucus based in San Francisco, California.

James joined DHKL in 2005 as the inaugural Social Justice Fellow and became a Partner in 2014.  He received his law degree from the Columbia University, School of Law, and his bachelor’s degree from the University of North Carolina at Chapel Hill.  Prior to law school, James taught middle school in Paterson, New Jersey as part of Teach for America.

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Education

  • B.A., 2000, University of North Carolina at Chapel Hill
  • J.D., 2005, Columbia University School of Law

Bar and Court Admissions

  • California State Bar

  • US Courts of Appeal – Fifth, Eighth, Ninth

  • US District Courts – California Central and Northern District Courts, Nebraska District Court, Oregon District Court, Texas Northern District Court

Awards

  • Columbia University Law School Civil Rights Fellow

  • Super Lawyer and Rising Star by SuperLawyers (since 2014)

Professional Associations and Memberships

  • ABA Equal Employment Opportunity Law Committee – past Co-Chair on behalf of Employees/Plaintiffs
  • Asian Law Caucus Board Member – Current
  • East Bay Community Law Center Advisory Board (past member)

Representative Cases

  • Discrimination class actions:

  • Consumer class actions:

      • Flowers v. Twilio, Inc., (Alameda Cnty. Super. Ct.) obtained an order approving a $10 million settlement for certified class alleging recorded phone calls and text messages in violation of the California Invasion of Privacy Act.
      • Siciliano v. Apple, Inc., (Santa Clara Cnty. Super. Ct.) obtained class settlement for certified class of $16 million with Apple brought under California’s Automatic Renewal Law.

  • Wage and Hour collective/class/representative actions:

      • Abrishamcar v. Oracle America, Inc., (San Mateo Cnty. Super. Ct.) served as co-trial counsel in state representative action raising wage and hour violations against Oracle on behalf of California sales representatives that resulted successful liability rulings.
      • Roussell v. Brinker Int’l, Inc., (S.D. Tex.) served as trial co-counsel that resulted in jury verdict in favor of plaintiffs in collective action involving FLSA minimum wage claims of servers arising from an illegal tip pooling arrangement.

Representative Speaking Engagements

  • Making Your Case: The Art of Class Action Trial Plans, panelist, February 24, 2023.  The Impact Fund 2023 Class Action Conference.

  • Strategic Considerations for Remote Proceedings in Labor and Employment Cases, November 11, 2022 for panel with same title.  ABA 16th Annual 2022 Section of Labor and Employment Law Conference.

  • Selected Highlights of EEO Class Action Cases in 2021 and Early 2022, April 1, 2022 for panel: EEO Class Actions and Systemic Discrimination Claims in a New Era.  ABA 2022 National Conference on EEO Law.