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Andrew S. MacKay

Andrew S. MacKay

Donahue Gallagher Woods LLP
300 Lakeside Drive
Suite 1900
Oakland, CA 94612

Phone: (510) 451-0544  |  Fax: (510) 832-1486
http://www.donahue.com

Contact Andrew S. MacKay

Employment Law, Litigation, and Counseling.

Legal Topic

Employment & Labor Relations

Preferred New Clients

I enjoy representing both employers and employees in litigation regarding employment issues in state and federal courts, as well as before administrative agencies such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commissioner. I also counsel employers and employees regarding employment issues and the preparation of employment agreements, employee handbooks, contracts, and other documents.

Sub-Categories

Employment & Labor Relations
  • Mediation/Alternative Dispute Resolution (ADR)
Employees
  • Affirmative Action
  • Age Discrimination
  • Americans With Disabilities Act (ADA)
  • Compensation, Benefits, & Pensions
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Disability Discrimination
  • Discipline/Suspension
  • Emotional Distress
  • Employee Rights
  • Employment Contracts
  • Equal Pay Act (EPA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Federal Employer's Liability Act (FELA)
  • Government Employees
  • Pregnancy Discrimination Act (PDA)
  • Race Discrimination
  • Racial Harassment
  • Section 1981 of the Civil Rights Act of 1866
  • Severance Packages
  • Sex Discrimination
  • Sexual Harassment
  • Termination
  • Wage & Hour Laws
  • Whistleblower
  • Wrongful Termination
Employers
  • Affirmative Action
  • Age Discrimination
  • Compensation, Benefits, & Pensions
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Disability Discrimination
  • Discipline/Suspension
  • Emotional Distress
  • Employee Rights
  • Employment Contracts
  • Equal Pay Act (EPA)
  • Fair Credit Reporting Act (FCRA)
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Federal Employer's Liability Act (FELA)
  • Government Employees
  • Pregnancy Discrimination Act (PDA)
  • Race Discrimination
  • Racial Harassment
  • Section 1981 of the Civil Rights Act of 1866
  • Severance Packages
  • Sex Discrimination
  • Sexual Harassment
  • Termination
  • Wage & Hour Laws
  • Whistleblower
  • Wrongful Termination

Bar Admissions

CA, Dec 1998
Bar Number: 197074

Other Court Admissions

All California state courts including the California Supreme Court and the following Federal Courts: the Northern, Eastern, Central, and Southern Districts of California and the Ninth Circuit Court of Appeals.

Association Memberships

State Bar of California
Alameda County Bar Association
Marin County Bar Association

Continuing Education

I annually exceed all minimum continuing education requirements.

Papers and Publications

I have written various articles for our firm's newsletter over the years.

Example Cases

I have successfully represented employers and employees in litigation involving employment discrimination and wage and hour issues. Many cases have been successfully resolved informally through mediation. When mediation has not resulted in resolution, my work has resulted in dismissals and judgments for defendants and judgments for plaintiffs.

Education

Degree:

Bachelor of Arts

School:

Yale University

City:

New Haven

State:

CT

Year:

1995

Honors:

Summa Cum Laude; Phi Beta Kappa

Focus and Accomplishments:

English

 

Degree:

Juris Doctorate

School:

Boalt Hall School of Law at the University of California

City:

Berkeley

State:

CA

Year:

1998

Honors:

Anthony F. Draggonette Award for Outstanding Achievement in Civil Litigation Trial Practice; American Jurisprudence Award for Civil Litigation Trial Practice; named Best Oralist, Runner-Up, in Boalt's McBaine Honors Moot Court Competition.

Focus and Accomplishments:

Served on Boalt's Moot Court Board.

Number of Attorneys

35

State Licensed In

California

Firm Focus and History

Donahue Gallagher Woods LLP conducts a highly diversified civil practice, providing a full range of litigation, business counseling, transactional, and alternative dispute resolution services in the areas of business, corporate, real estate, intellectual property, employment, immigration, creditors' rights, and insurance, as well as services in the areas of trusts and estate planning. Our clients range from individuals, sole proprietorships, and small, family-owned businesses to multi-national Fortune 500 corporations, including some of the country's most prominent technology companies and retailers.

The firm was founded in 1918 and has offices in Oakland, Mill Valley, and Walnut Creek. Each of our attorneys brings several areas of expertise to the practice of law, allowing us to maintain a dynamic, flexible firm structure. The breadth of our experience and our cooperative culture enable us to offer our clients the sophistication and expertise of a larger firm, while retaining the responsiveness and efficiency of a smaller firm. Throughout nearly nine decades of providing legal services, our goal always has been to provide our clients with the highest quality of service in the most cost-effective manner. To achieve this end, we carefully staff all projects, matching client objectives with the professional skills and experience of our practitioners. Whenever possible, one attorney assumes full responsibility for handling a matter. For more complex transactions or litigation, we assemble a team suited to the special demands of the matter. Whether we are retained to provide representation for a single matter or to handle a client's ongoing legal needs, we strive to develop a close working relationship with our clients so that we may effectively represent them.

Our transactional, real property, and intellectual property attorneys have in-depth experience negotiating and drafting a wide range of legal documents relating to business, employment, real property, copyrights, trademarks, and estates and trusts. Our litigators have successfully represented clients in complex litigation and arbitrations involving contract disputes, copyright and trademark infringement, software piracy, unfair business practices, wrongful termination, and employment discrimination, antitrust and trade regulation, securities matters, insurance claims, product liability, creditors' rights, and contested wills. Our attorneys strive not only to develop a high level of expertise in their areas of specialization, but also to bring a business and practical perspective to each matter. We seek to be both counselors and problem-solvers, trying to help our clients avoid legal problems and vigorously representing their interest when problems arise.

Previous Employment Summary

I have worked for Donahue Gallagher Woods LLP since graduating law school, first as an associate and then, as of 2005, as a partner.

Activities and Awards

None

What is your opinion regarding clients educating themselves on legal issues?

It's great. An informed client makes better legal decisions than an uninformed client. Oftentimes clients who have educated themselves on a general topic may have questions about his or her particular situation. I love to address those questions and explain complex legal issues in a straightforward, easy to understand manner.

Are you willing to review documents prepared by clients?

Yes. Usually, however, it is more cost-efficient for the client to explain to me his or her goals for the particular document and for me to draft it for the client's review. Some clients may attempt to "fill in the blanks" on standard legal forms. This approach oftentimes does not address the legal subtleties of the particular situation and may not anticipate the various "what if" scenarios that, if not addressed, may result in subsequent litigation.

Are you willing to coach clients who want to represent themselves?

I am but only with a clear understanding of the limits of my representation. This is not usually the best approach, except perhaps on very small litigation matters.

Why did you decide to be a lawyer?

I enjoy persuading others through writing and speech. I also like helping people with the problems they face. Law seemed like a natural way to do both these things.

What work experience and education helps you be a better lawyer?

The fastest learning is by doing. Regular interaction with clients, opposing counsel, judges, and mediators has provided me with the opportunity to do this while dealing with diverse employment law issues.

Why did you decide on your primary area of practice?

Employment cases tend to be very interesting. They very much involve the human dynamic.

What do you like best about your career?

I enjoy helping clients through the legal problems they face and advocating strongly for their positions.

Tell us about your law firm:

Donahue Gallagher Woods LLP has provided a wide range of legal services to clients in the Bay Area and beyond since 1918. The firm has always sought to provide the highest quality legal representation and service to its clients. Our website is located at www.donahue.com.

What are your strengths and style?

I communicate well. I have worked hard to develop my writing and public speaking abilities so I can effectively advocate for clients in both formal and informal settings.

I listen closely to what a client says. I consider not only the legal implications of the client's situation but also the practical impact a particular course of action may have.

Personal Interests:

Tennis, hiking, reading, spending time with my family.

Office Manager/Assistant

Pam Trempel

Fax

(510) 832-1486

Office Hours

Monday through Friday
8:30 a.m. to 5:30 p.m.

Emergency After Hours

Yes

Foreign Languages

We have numerous attorneys who speak various languages. Please see our website for more details.

Additional Offices

Mill Valley, CA
591 Redwood Highway
Suite 1200
Mill Valley, CA 94941
(415) 381-4161

Walnut Creek, CA
1646 N. California Boulevard
Suite 310
Walnut Creek, CA 94596
(925) 746-7770

Fixed-Price Services and Fees

Normally I bill by the hour. However, I am willing to consider representing employees on a contingency fee basis, depending on the particular merits of the case.

Hourly Rates

My hourly rate (through July 2009) is $395.

Free Initial Consultation?

I will normally offer a brief, free initial consultation for up to half an hour.

Typical Retainer

For non-litigation matters, typically $2,000. For litigation matters, between $5,000 and $10,000, depending on the case.

Understanding Fees

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