Attorney Bios

Mr. Fox was the California Employment Law Expert Witness offering testimony on behalf of the Board of Directors of The Walt Disney Company in the shareholder derivative lawsuit challenging Disney’s estimated $140 million severance package paid to its former President Michael Ovitz. The Court credited Mr. Fox’s testimony in a surprise ruling in favor of Disney.

Mr. Fox also successfully represented American Airlines in 997 separate lawsuits arising in Dallas challenging American’s rejection of Applicants for employment based on over 70 different physical and mental impairments and disabilities. After causing two courts to dismiss these lawsuits in their entirety, the Congress subsequently amended the Rehabilitation Act of 1973 (the predecessor federal disability lawsuit to the ADA) to cure the deficiencies in the statute Mr. Fox had brought to attention of the federal Courts.

Mr. Fox also sucessfully represented Zilog, Inc., one of Silicon Valley’s most venerable semi-conductor companies, in 31 separate lawsuits collectively seeking $3 Billion for alleged failure to accommodate violations the Plaintiffs brought pursuant to the Americans with Disabilities Act. The Clerk of the Court described this case as the largest civil action in the history of the federal civil courts in Idaho. The case settled on the eve of trial of the first of the 31 lawsuits for a confidential amount less than Plaintiff’s attorneys’ fees for its 22 lawyers.

Prior to founding Fox, Wang & Morgan, Mr. Fox was a Partner at Manatt, Phelps & Phillips and at Fenwick & West, LLP and chaired its Employment and Labor Group for over a decade specializing in employment law applicable to high technology companies. Mr. Fox was also previously Executive Assistant to the Director of the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, where he was responsible for all enforcement and policy matters. Apart from drafting substantive employment discrimination regulations at OFCCP, Mr. Fox was responsible for OFCCP’s contacts with the Congress, other federal agencies and The White House.

Mr. Fox donates his time, pro bono, as General Counsel, to a battered women’s shelter, Women’s Crisis Support Defensa de Mujeres, in Watsonville, CA. Mr. Fox also donates his time as General Counsel to Waste No Food, which has created a technology solution to helping feed the homeless in Silicon Valley.

Mr. Fox also lectures often and has published widely on a variety of employment law subjects. He is a member of the Advisory Committee to the National Employment Law Institute, and is one of 3 outside members of its Board of Directors. He is a past Chair of the Santa Clara County Bar Association Employment Law Committee. He has also served as a member of the Boards of Directors of both The Tech Museum of Innovation in San Jose, California and The York School in Monterey, California. Mr. Fox was also the “Navigator” for 2009-2010 for the Sierra Expedition of the Southwest YMCA Adventure Princesses Program.

Mr. Fox is now writing a monthly column, “The Fox OFCCP Report,” about OFCCP developments for InfoSoft Group, Inc., a local network of employment and diversity sites covering the entire U.S. and focusing first and foremost on local cities and communities. You may find his latest column at Local JobNetwork.

• George Washington University Law School, J.D., 1976
• While in law school, The Reporters’ Committee for Freedom of the Press employed Mr. Fox as its Editor-in-Chief of the Press Censorship Newsletter, predecessor to BNA’s Media Law Reporter.
• University of California, Riverside, B.A., Phi Beta Kappa, cum laude, 1973

• Admitted to practice in California and the District of Columbia as well as numerous federal district courts and courts of appeals across the nation.
• Vice President, Board of Directors, National Employment Law Institute
• Member, Advisory Board, National Employment Law Institute
• Member, Labor & Employment Law Executive Committee, Santa Clara County Bar Association

• Northern California Super Lawyers, 2004-2011
• Super Lawyers Corporate Counsel, 2009-2011
• Top Attorneys in Northern California, 2010-2011
• Who’s Who Legal: California, 2009-2011
• Who’s Who Legal USA: Management Labour & Employment Lawyers, 2006-2011
• The International Who’s Who of Management Labour & Employment Lawyers, 2005-2011
• Dean L. Broadbent Award for outstanding contribution to the community and for academic excellence, University of California, Riverside, 1973

• Deborah K. Biggers, et al. v. Heller Ehrman, LLP, et al., United States Bankruptcy Court Northern District of California (2008-2010) (we were employment (and then employment bankruptcy) counsel to the world’s 30th largest law firm which shut down after 119 years of business)
• Sleep Train Coordinated Wage and Hour Cases, San Francisco County Superior Court, Complex Division (2007-present) (broad-based wage-hour exemption and meal and rest period series of inter-related class-action lawsuits)
• Joohak Kim v. Saehan Bank, American Arbitration Association, Los Angeles County (2007) (Bank CEO pension fraud employment case)
• In re The Walt Disney Co. Derivative Litigation, New Castle County, Delaware Court of Chancery (2005) (the case many pundits across the nation described as the most significant case in the nation in 2005)
• Corium Int'l., Inc. v. Shoreh Parandoosh, San Mateo County Superior Court (2003) (termination of recalcitrant inventor and patent holder)
• Susan W. Constantinides v. Symantec Corp., U.S. District Court, E.D. Virginia, Norfolk Division (2002) (ERISA alleged fiduciary duty and benefits denial case brought by widow of deceased manager successfully defended at trial)
• Michael D. Norton v. Andros Inc., et al., San Francisco County Superior Court (2002) (CEO termination, fraud, company valuation and stock option valuation case)
• Mark Hardie v. California Independent System Operator, Los Angeles County Superior Court, Complex Division (1999) (the first Wage-Hour class action tried in California)
• Tsotung Ko, et al. v. Zilog, Inc., U.S. District Court, Idaho (1994) (31 separate but consolidated ADA lawsuits reportedly the largest civil case ever tried in Idaho)

• February 2012 NELI Employment Law Briefing, Vail, CO Presentation topic: Hot Topics in Wage and Hour Law; Independent Contractor Misclassification
• March 2012 NELI Employment Law Briefing, Miami, FL Presentation topic: Independent Contractor Misclassification
• March 2012 NELI Employment Law Briefing, San Diego, CA Presentation topic: Independent Contractor Misclassification
• April 2012 SWARM (Towards Diversity and Inclusion) Conference, San Antonio, TX Presentation topic: Hot Topics in Wage and Hour Law
• June 2012 79th Annual Arizona State Bar Convention, Phoenix AZ Presentation topic: Recent Significant OFCCP Compliance Developments and OFCCP’s Peculiar View of Mitigation of Damages
• August 2012 ILG National (Ho’okele – Navigating the New Regulatory Landscape”) Conference, Waikoloa, Hawaii: Presentation topic: Recent Significant OFCCP Compliance Developments
• October 2012 NELI Affirmative Action Workshop
• October 2012 NELI Affirmative Action Briefing

Prior to founding Fox, Wang & Morgan P.C., Mr. Wang was an Associate at Manatt, Phelps & Phillips, LLP and at Fisher & Phillips LLP, where his practice focused on both employment advice and litigation. He has also served as counsel in civil insurance defense claims related to professional malpractice claims and product liability. Mr. Wang has authored two published articles relating to labor and employment matters. Mr. Wang served as Chairman of the Labor and Employment Section of the Santa Clara County Bar Association.

• Georgetown University Law Center, J.D., 1999.
• Articles Editor, Journal of Legal Ethics, 1998-1999.
• University of California, Los Angeles, B.A., 1995.

• Admitted to practice in California and before all California state and federal courts.
• Member, American Bar Association.
• Member, Santa Clara County Bar Association.
• Member, California Republican Lawyers Association.
• Trustee, Santa Clara County Bar Association Board of Trustees, 2007- 2011.
• Chairman, Labor and Employment Section of the Santa Clara County Bar Association, 2010.
• Vice-Chairman, Labor and Employment Section of the Santa Clara County Bar Association, 2009.
• Chairman, Santa Clara County Bar Association Professionalism Committee, 2008-2009.
• Member, Santa Clara County Bar Association Executive Committee, 2008.
• Member, Executive Committee of the Labor and Employment Section of the Santa Clara County Bar Association.

• “Misclassification of Computer Professionals has Byte,” Council on Education in Management Newsletter, July 2006.
• “A Tribal Solution? Tribal Staffing Companies and Workers' Compensation,” PEO Insider, March 2004.
• “Conflicts of Interest in Successive Representations: Protecting the Rights of Former Clients,” 11 Geo. J. Legal Ethics 275, Winter 1998.

• “Life in the Compete Lane: Confidentiality and Noncompete Agreements after Edwards v. Arthur Andersen,” Santa Clara County Bar Association, San Jose, CA, April 23, 2009.
• “They Did What?!? New Laws and Standards in the Employment Arena for 2009,” Santa Clara County Bar Association's 2009 Labor and Employment Law Current Developments Update, San Jose, CA, January 13, 2009.
• “Shooting the Messenger - Why Punishment for Retaliation Claims Far Exceeds the Underlying Crime,” Santa Clara County Bar Association, San Jose, CA, September 9, 2008.
• “Satisfying the ‘Hunger’: Increasing Your Knowledge of California Meal and Rest Period Law,” Santa Clara County Bar Association, San Jose, CA, June 25, 2008.
• Moderator, “The Good, the Bad, and the Bothersome: 2008 Employment Law Update,” Santa Clara County Bar Association's 2008 Labor and Employment Law Current Developments Update, San Jose, CA, April 1, 2008.
• Moderator, “Get the Inside Scoop on the DFEH and EEOC,” Santa Clara County Bar Association, San Jose, CA, May 30, 2007.
• “Sexual Harassment Roundtable and Discussion,” Santa Clara County Bar Association, San Jose, CA, March 13, 2007.
• “Now What?!? The 2006 Employment Laws and Decisions Found Only in California,” Santa Clara County Bar Association's 2007 Labor and Employment Law Current Developments Update, San Jose, CA, February 6, 2007.

• Santa Clara University School of Law, J.D., cum laude, 2004.
• Order of the Coif
• Editor, Santa Clara Law Review
• University of California, Santa Cruz, B.A., Intensive Legal Studies, 1999.

Ms. Morgan is active in the pro bono community, having successfully represented clients in employment, guardianship, unlawful detainer, and education-related matters.

• Admitted to practice in California and before the U.S. District Court for the Northern District of California.
• Member, Santa Clara County Bar Association

• Co-Author, “Where are the Courts Today? Proving and Defending Against an ‘Adverse Impact’ Claim: OFCCP’s New Approach to Employer Selection Systems,” EEO Insight, 2008.
• Co-Author, “Current Issues in D&O Insurance,” Insights, August 2005.
• “Judicial Election Candidates’ Free Speech Rights After Republican Party of Minnesota v. White: Is the Problem Really Solved?” Santa Clara Law Review, 2003