Munger, Tolles & Olson litigator and Co-Managing Partner Malcolm Heinicke was recognized as a Top Labor and Employment Lawyer in California by the Daily Journal for the 12th consecutive time on July 15, 2020.
Among other matters, Mr. Heinicke was recognized for obtaining a precedent-setting victory in a series of consolidated class actions against secured services company Garda. Mr. Heinicke led the litigation over rest break rules for Garda’s armored car drivers, persuading the court that federal law preempts California’s rest period requirements as they apply to armored car drivers. This ruling had a significant impact throughout the industry as companies addressed how to provide duty-free breaks to these employees in the field without jeopardizing safety. In an earlier development, Mr. Heinicke obtained a ruling that armored car drivers and messengers could take on-duty, paid meal periods under California law.
In a wrongful termination case filed by a high-level bank employee, Mr. Heinicke and his team won a two-week trial in which the jury took just one hour to return a defense verdict. While many attorneys might tout the speedy verdict, Mr. Heinicke, who dedicates time to mentor young attorneys, is most proud of Munger Tolles attorneys Dane Shikman and Caroline Litten with whom he worked on the high-stakes matter. Ms. Litten made strong arguments in court after passing the bar only just before trial.
Based in San Francisco, Malcolm Heinicke focuses his practice on employment and complex commercial litigation, particularly in class and collective actions and employee mobility matters. He has been selected as a Top Labor and Employment Lawyer in California by the Daily Journal every year since 2009.