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Noah D. Lebowitz

Noah D. Lebowitz

Duckworth · Peters · Lebowitz LLP
235 Montgomery St
Suite 1010
San Francisco, CA 94104

Phone: (415) 433-0333  |  Fax: (415) 449-6556
http://www.dplsf.com

Contact Noah D. Lebowitz

Focusing on disability discrimination

Legal Topic

Employment & Labor Relations

Preferred New Clients

My particular area of focus is representing employees who are seeking to vindicate their right to be free from disability discrimination and employees who are seeking to exercise their right to family or medical leave.

Sub-Categories

Employees
  • Age Discrimination
  • Americans With Disabilities Act (ADA)
  • Disability Discrimination
  • Emotional Distress
  • Family Medical Leave Act (FMLA)
  • Pregnancy Discrimination Act (PDA)
  • Race Discrimination
  • Racial Harassment
  • Sex Discrimination
  • Sexual Harassment
  • Termination
  • Wage & Hour Laws
  • Wrongful Termination

Bar Admissions

CA, May 1998
Bar Number: 194982

Other Court Admissions

U.S. Supreme Court; Ninth Circuit; Northern District of California; Eastern District of California; District of New Jersey; State of California

Association Memberships

State Bar of California, Bar Association of San Francisco

Continuing Education

I also regularly attend and speak at continuing education seminars throughout the state. My speaking engagements include the following:

"An Update on the ADA", Consumer Attorneys of California Annual Meeting, Lake Tahoe, December 1998

"Navigating the Disability Case Quagmire", California Employment Lawyers Association Annual Conference, San Francisco, October 2003;

"Adequacy, Quality and Use of Medical Evidence in Employment Disability Discrimination Cases", Los Angeles County Bar Association, Labor and Employment Law Section, 24th Annual Labor and Employment Law Symposium, Los Angeles, February 2004;

"How to Effectively Use Medical Evidence and Expert Witnesses in Disability Discrimination Cases", Barristers Club of San Francisco Labor and Employment Law Section, San Francisco, August 2004;

"FEHA: Reasonable Accommodation, Interactive Process, Determination of Essential Functions, Voc Assessment and Compliance Issues", California Association of Rehabilitation and Reemployment Professionals Annual Conference, San Francisco, October 2004;

"Navigating the Leave of Absence Quagmire: Advance Workplace Leave Issues", Labor and Employment Law Section of the State Bar of California 23rd Annual Meeting, Anaheim, October 2005;

"To MSJ or Not to MSJ: Summary Judgment in Employment Cases" Bar Association of San Francisco, San Francisco, June 2006;

"Litigation Strategy: Preparing and Defending Summary Judgment Motions, Including Views from the Bench", PLI 35th Annual Institute on Employment Law, San Francisco, October 2006;

"MSJ 360º -- Views of the Ultimate Dispositive Motion from Plaintiff, Defense, Appellate, and Judicial Perspectives", California Employment Lawyers Association Annual Conference, San Jose, September 2007

2008 Disability Discrimination Brown Bag Lunch Series, State Bar of California, San Francisco

"Pre-Litigation Counseling and the Interactive Process", March 2008

"Discovery in a Disability Discrimination Case", May 2008

"Expert Discovery in a Disability Discrimination Case", July 2008

"Trial in a Disability Discrimination Case", December 2008

"ADA", PLI 37th Annual Institute on Employment Law, San Francisco, September 2008

"Is there Individual Liability After Jones v. Torrey Pines?"  Annual Meeting of the Labor and Employment Law Section of the State Bar of California, November 2008

"Accommodating Disability, Medical & Family Leaves Under California Law"  NELA 20th Annual Convention June 2009

"Practicing Employment Law in Hard Times", CELA, Fullerton: July 2009; San Francisco: August 2009

I am a member of the Executive Committee of the State Bar Labor & Employment Law Section.

Papers and Publications

"An Amendment to Rule 23: Encouraging Class Actions in Section 504 and ADA Employment Discrimination Cases" 30 U.S.F. L. Rev. 477 (1996)

Example Cases

A sample of some of the cases I typically handle:

Pande v. Chevron Corp., 2007 U.S. Dist. LEXIS 3247 (N.D. Cal. 2007) [Defeating summary judgment in case raising issues under the Family Medical Leave Act and for gender discrimination and retaliation];
McCollum v. XCare.net, Inc., 212 F. Supp. 2d 1142 (N.D. Cal. 2002) [Defeating summary judgment in case where plaintiff was cheated out of substantial commission by her employer];
Sokol v. New United Motor Manuf., 2000 U.S. Dist. LEXIS 6714 (N.D. Cal. 2002) [Defeating summary judgment in case raising issues of disability discrimination in the workplace].

Education

Degree:

B.A.

School:

University of Wisconsin-Madison

City:

Madison

State:

WI

Year:

1992

Focus and Accomplishments:

Major: Political Science; Afro-American Studies

 

Degree:

J.D.

School:

University of San Francisco

City:

San Francisco

State:

CA

Year:

1996

Honors:

Law Review Editorial Board

Focus and Accomplishments:

Articles Editor on the University of San Francisco Law Review. Published article: "An Amendment to Rule 23: Encouraging Class Actions in Section 504 and ADA Employment Discrimination Cases" 30 U.S.F. L. Rev. 477 (1996)

Number of Attorneys

3

State Licensed In

California, New York, New Jersey

Firm Focus and History

Duckworth • Peters • Lebowitz LLP is a firm dedicated to representing employees who have the courage to speak up for their rights in the workplace. We represent employees in all aspects of the employment relationship, including negotiating employment agreements, negotiating severance agreements, counseling, and litigating on behalf of employees. I personally represent employees in all types of discrimination, wrongful termination, and wage and hour matters. My particular specialty is in the field of disability discrimination and family or medical leave cases.

Duckworth • Peters • Lebowitz LLP was established in 2007 by Tom Duckworth, Mark Peters, and Noah Lebowitz as a platform for providing assistance for employees who have the courage to speak up for their rights. Each of the founding partners has substantial experience representing employees.

Previous Employment Summary

I spent the first year after law school as the judicial law clerk to Hon. R. Benjamin Cohen and Hon. Michael A. Petrolle in the Essex County Superior Court (Criminal Division) in Newark, New Jersey. I then returned to California and became an associate with the firm Schneider, McCormac & Wallace (presently Schneider & Wallace), where I remained for three years. The following six years were spent as an associate with the firm McGuinn, Hillsman & Palefsky.

Activities and Awards

Member, Executive Committee of the State Bar Labor & Employment Law Section;
Chair, California Employment Lawyers Association's Mentor Committee;
Attorney Advisor to law students at the Legal Aid Society of San Francisco -- Employment Law Center;
Mentor, Mission High School Law Academy; Settlement Panelist, Bar Association of San Francisco Early Settlement Program

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

I think clients should do whatever they can to educate themselves on legal issues. There are many helpful websites which give employees useful information regarding their rights in the workplace. My personal favorite is www.workplacefairness.org. Especially when it comes to areas such as disability discrimination and family or medical leave issues, employers' policies often do not provide sufficient information for employees to truly understand their rights and employees must then take the initiative to find the information.

Are you willing to review documents prepared by clients?

I insist that clients prepare initial documents for my review, including (1) Chronology of Events, and (2) Cast of Characters explaining who the key players are and identifying potential witnesses.

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

I am not willing to "coach" clients who want to represent themselves in court. However, I am more than happy to assist clients who wish to handle pre-litigation workplace disputes without a lawyer "on the surface." This is especially true in situations where there is a chance that the employment relationship could potentially be preserved. In such situations, having the lawyer out in the open can spoil the relationship and lessen the chances of successfully retaining employment.

Why did you decide to be a lawyer?

Being able to stand in front of a judge and/or jury and advocate on behalf of someone who's been wronged is an incredibly empowering and satisfying feeling. In a courtroom, "making a difference" happens every day, even if for just one person. It is a unique and energizing field. I still love coming to work every day.

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

Having children has had an enormous impact on my ability to be a better lawyer. My patience, understanding, and negotiation skills are challenged every day in ever changing ways by my children which has -- more often than not -- translated directly into my law practice.

Why did you decide on your primary area of practice?

Without a level playing field in the workplace, no other civil rights can be achieved. In our society we are taught from our earliest years that hard work will bring us prosperity and success. It is difficult enough to survive in this world toiling 40+ hours a week in jobs which may or may not be personally rewarding. To have our performance tainted, blocked, inhibited, or in any way harmed by someone else's discriminatory conduct is abhorrent. The only way the true vision of civil rights movements will ever be fully realized is when the workplace is free from discrimination and everyone has the opportunity to make their own way, to put food on the table for their family, and to reap the benefits of their own labor.

What do you like best about your career?

That I get to represent good people and fight the good fight every day.

Tell us about your law firm:

My partners and I each feel very strongly about our practice and about the field we have chosen. We provide direct service for our clients and tend each and every aspect of our cases.

What are your strengths and style?

I really try hard to be honest (sometimes brutally so) with my clients. I also try to understand the important relationships in any case and to incorporate the dynamics of those relationships into my approach to a case.

Personal Interests:

Baseball (Boston Red Sox) and just spending whatever time I can with my family.

Office Manager/Assistant

None

Fax

(415) 449-6556

Office Hours

Monday through Friday
9:00 a.m. to 5:00 p.m.

Emergency After Hours

No

Foreign Languages

None

Fixed-Price Services and Fees

Client fee arrangements are flexible and can be either contingency (i.e., percentage of recovery) or hourly. Clients must be prepared to bear costs of litigation.

Hourly Rates

$400

Free Initial Consultation?

No. Consultations are $400 per hour.

Typical Retainer

No.

Understanding Fees

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