MARK E. TERMAN Email: MarkTerman@Reish.com Mark Terman the partner-in-charge of Reish Luftman Reicher & Cohen’s employment law practice group, handling complex employment and business counseling and litigation for companies and management. Areas of Practice Employment Law Business Business Litigation Professional Experience Mark is admitted to practice in California and Washington D.C., and before the United States Supreme Court and several Federal District and appellate courts. He is also a committee member of the American Bar Association Section of Labor and Employment Law, and the Employment and Business Law committees of the Section of Litigation. He is a member of the Labor and Employment Law, and Litigation sections of the State Bar of California. He has served as a court-appointed Arbitrator for the California Superior Court in Los Angeles. He is active in the Professionals in Human Resources Association. Mark is a member of the statewide Human Resources Committee of the California CPA Society’s MAP Committee and chaired the California CPA Education Foundation’s annual Employment Practices Conference for four years. He served on the Board of Directors of the Children’s Nature Institute. He is outside General Counsel to the UCLA Alumni Association and is a member of its Board of Directors. From 2004 through 2007, Mark was selected as a "Super Lawyer" for Labor and Employment law in a survey of 65,000 Southern California attorneys, conducted by Los Angeles magazine and Law & Politics magazine. Mark counsels employers in claim prevention, investigations, discipline, terminations and compliance matters. He has successfully represented his clients in federal and state court injunction proceedings, summary judgments, arbitrations, and court and jury trials in employment and business litigation matters. Recent representative cases include: Won a defense award at labor arbitration over Union’s wage claims brought on behalf of entire workforce against Navy subcontractor at labor arbitration. Published opinion: Teamsters Local 533 v. Chugach Support Services, Inc., 2005 WL 2693582 (Lab.Arb.), 121 Lab. Arb. (BNA) 818. Prosecuted unfair business practices and RICO claims against client's former sales team who secretly set up competing manufacturing and sales network while still employed by the client. Defended cross-claims for wrongful termination, trade libel and antitrust seeking $18 million. This complex litigation, pending in both state and federal court, was settled on a confidential basis before trial after cross-claims were dismissed by the court. Defended employer and managers sued for sexual harassment and wrongful termination. Moved the case to early mediation, presented witness at the mediation, and persuaded Plaintiff to agree to a binding arbitration. Without jury potential, the case settled for a nominal amount. Prosecuted claims of national consulting firm for misappropriation of trade secrets and breach of fiduciary duty against an executive who resigned to start a new local office of a competitor. The case settled on a confidential basis prior to trial. Defended an age and national origin discrimination claim made before the California Department of Fair Employment and Housing that resulted in a no merit determination and dismissal of the case. Defended large manufacturing company age and national origin discrimination claims. Obtained summary judgment on all claims. Defended a pension administrator against claims for $2.5 million of investment losses resulting from alleged breach of fiduciary duty and negligence. The investors’ claims were defeated on a summary judgment motion, and the client was awarded its attorney’s fees and costs. The case was affirmed. Brown v. California Pension Administrators and Consultants (1996) 45 Cal.App.4th 333. Defended a suit alleging that the employer retaliated against employee for pursuing Workers Compensation claims, which resulted in a dismissal of the claim. Prosecuted general partners of a real estate partnership and their management company on claims for breach of fiduciary duty and fraud on behalf of a limited partner. Unanimous jury verdict in favor of Plaintiff for nearly six times Plaintiff’s investment. Prosecuted and obtained restraining orders on unfair competition and theft of trade secret claims against technician firm that serviced client's electronics business. Defended senior management team who resigned and opened a new local division of a national contracting firm against unfair competition, misappropriation of trade secret, and fiduciary breach. The case was dismissed after Plaintiff’s applications for temporary restraining order and preliminary injunction were denied. Defended owners and their companies against fraud and breach of fiduciary duty claims of claimant seeking co-ownership and damages of $10 million. Obtained summary judgment on all claims prior to trial. Publications and Presentations Mark is the author of numerous articles and has been quoted on employment law and litigation issues in the American Bar Association Journal, Employment Law Strategist, House Counsel, Corporate Counsellor, Strategic Finance, Intellectual Property Strategist, Los Angeles Business Journal, Business Week Online, Los Angeles Daily Journal and California CPA. He is also a frequent speaker to companies, trade associations, and to professional organizations on various topics including, protective policies and procedures to reduce frequency of claims, how to respond to sexual harassment claims, employee discipline and termination measures and other employment practices risk management issues, trade secrets and counter-measures to protect them, alternative dispute resolution, covenants not to compete, and non-solicitation agreements. Education Mark received a B.S. from the University of California, Los Angeles in 1979. He received a J.D. from Loyola Law School in 1983. While at Loyola, he wrote for the Loyola Law Review (Loyola of Los Angeles Law Review 1982-1983, "Survey of Labor Law"). He was also a judicial extern for Justice Clarke E. Stephens of California Court of Appeal (2nd Dist.) and wrote memoranda that underlie published opinions. In August 1986, he attended Hastings College of Trial Advocacy For Practicing Attorneys.