Max Fischer represents companies across the United States in labor and employment matters including internal investigations and crisis management strategies, wage and hour compliance, employee transition and noncompete issues, reductions in force, voluntary separation programs, and the separation of individual employees. Max regularly advises clients on all aspects of the employment lifecycle and has extensive experience leading the defense of complex individual and class employment litigation matters.
In his litigation practice, Max has represented clients in a wide array of class actions and business disputes, including wage and hour violations, systemic discrimination and pay inequity, breach of contract, partnership disputes, and trade secret misappropriation. He also routinely defends companies facing claims of discrimination, ERISA, wrongful termination, and defamation, as well as in traditional labor disputes. Max has worked with clients to both enforce and seek rescission of restrictive covenants, arbitration agreements, and non-disclosure and confidentiality agreements.
Max is firmly committed to forging opportunities for clients to resolve disputes both pre- and post-filing, and has extensive experience negotiating creative class action settlements through alternative dispute resolution systems, including mediation and other private dispute resolution processes.
First chaired and presented oral argument on behalf of a major technology company that led to decertification of a nationwide class of technical support engineers
First-chaired the defense of a 1,400-member wage and hour class action against Southern California hospitals and obtained dismissal of certain class claims at the pleading stage and denial of class certification on all remaining claims
Presented oral argument to the US Court of Appeals for the Ninth Circuit on behalf of a major pharmaceutical company; obtained affirmance of summary judgment he had obtained in a discrimination lawsuit brought by professional sales executive
Presented appellant’s oral argument to the US Court of Appeals for the Ninth Circuit on behalf of a major telecommunications company on regulatory and constitutional issues of first impression; obtained reversal and judgment in client’s favor
Presented oral argument before the US Court of Appeals for the Seventh Circuit in an appeal from a favorable verdict in civil rights action; obtained affirmance of verdict and damage awards
First-chaired the defense in a baseball style arbitration where he represented an employer whose exposure in stock option dispute with former executives exceeded $8 million; obtained complete judgment in client’s favor
First-chaired the defense in five arbitrations for a national utility company in various labor-related disputes; obtained complete judgment in client’s favor in each arbitration
First-chaired the defense in a collective Fair Labor Standards Act action brought by highly compensated utility employees seeking overtime premiums; obtained summary judgment on all claims in client’s favor
First-chaired the defense in an ERISA breach of fiduciary duty class action brought by retirees seeking enhanced pension and medical benefits; obtained denial of class certification
First-chaired the defense in two arbitrations for a national transportation vehicle manufacturer and maintenance provider involving labor-related disputes; obtained complete judgment in client’s favor in each arbitration
First-chaired the defense in a Title VII and breach of contract arbitration brought by a highly compensated sales representative against a national manufacturer of computer hardware; obtained complete judgment in client’s favor
First-chaired the defense in a breach of contract and defamation arbitration brought by an insurance broker against a healthcare insurance provider; obtained award limited to uncontested amounts in client’s favor
Northwestern University School of Law, 1995, J.D.
University of California, Santa Cruz, 1992, B.A.
US Court of Appeals for the Second Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Northern District of California
US District Court for the Central District of California
US District Court for the Southern District of California
US District Court for the Northern District of Illinois
Clerkship to Judge Harry D. Leinenweber of the US District Court for the Northern District of Illinois (1996 - 1997)
Awards and Affiliations
Member, Practice Group of the Year, Employment, Law360 (2019)