Lonny M. Zilberman

Partner

Overview

For more than 31 years, Lonny has helped companies large and small solve their toughest workplace problems — and, whenever possible, stay out of a courtroom altogether. When a fight is unavoidable, he defends employers before agencies, in arbitration, at the mediation table, and in front of judges and juries. Through it all, his compass points the same direction: practical, cost-effective solutions to real business problems, not legal theater.

Lonny is, at heart, a storyteller, and his thesis is simple: every organization has a story worth telling: the value it creates for customers, the good it does in its community, the opportunities it gives its people. Leave that story untold, he likes to say, and an adversary will happily write one for you. That instinct for narrative, paired with sharp legal judgment, is what lets him position clients to limit liability and land better outcomes when it matters. Lonny treats each matter as its own case study, building strategic, creative road maps around what a client actually wants, not a template of what lawyers assume clients should want. That common-sense, business-minded approach has helped him defuse potentially explosive employment issues long before they escalate into headlines. Clients bring him their hardest problems, from class actions and PAGA claims to individual plaintiff suits, and lean on his creativity to solve them. His counsel spans the full employment lifecycle: hiring, management, and termination; employment and non-compete agreements; personnel policy development; internal investigations into harassment, whistleblower, and misconduct complaints; management training; and claims defense.

Lonny’s litigation practice runs deep, with matters in federal and state courts, private mediation and arbitration, and before administrative agencies. He also serves as a neutral mediator in employment disputes, helping opposing parties find their way to resolution — usually faster than either side expects. Lonny’s mediation record speaks for itself: more than 300 cases settled over the last twelve years, with a 98% settlement rate reached on the day of mediation, no follow-up required. He specializes in PAGA, wage-and-hour class actions, and single-plaintiff matters, and his real talent lies in helping each side see how it looks from across the table. It is an approach that goes beyond weighing jury appeal and legal risk — it helps people understand each other’s reasoning, which is often the fastest route to yes. Lonny has also published more than sixty articles on employment law, mediation, and workplace issues, proof he can write as persuasively about the profession as he practices it.

Lonny has been recognized multiple times for his professional and civic accomplishments. He was named one of San Diego Metropolitan Magazine’s Men of Influence in Law in 2021, to San Diego Metropolitan Magazine’s annual “Top 40 Under 40” list in 2007, recognized as one of San Diego’s Top 10 Employment Lawyers by the San Diego Daily Transcript between 2009 and 2013, and named a San Diego Super Lawyer for seventeen years, an honor reserved for the top 5% of attorneys as voted by their peers. Lonny has also been selected for inclusion in The Best Lawyers in America (2021–2027), and awarded Martindale-Hubbell’s highest peer rating, AV Preeminent, for legal ability and ethical standards, eighteen years running. Lonny received his J.D. from Santa Clara University School of Law in 1995 where he was Order of the Barristers and on the Moot Court Board, and a B.A. in Political Science and International Relations from the University of California, Santa Barbara in 1990. Beyond the courtroom, Lonny is fluent in Russian — one more language in which he can tell you, quite persuasively, why settling today beats litigating for the next four years.

Memberships

  • Board Member, Temple Solel (2026-present)
  • Pro Bono Mediator with California Department of Fair Employment and Housing (2017-present)
  • Board Member, San Diego Hillel (2014-2020)
  • The Honorable William B. Enright Inn of Court (Barrister)
  • State Bar of California – Labor Law and Employment Section – Member, Executive Committee (2007-2012)
  • State Bar of California – Conference of Delegates (2005-2006)
  • American Bar Association – Labor, Employment and Litigation Section, Member
  • San Diego County Bar Association – Labor and Employment Section (Former Chair 2005-2006 & 2016-2017)
  • Association of Southern California Defense Counsel
  • Los Angeles County Bar Association Labor & Employment Section

Honors and Recognition

  • “AV” Preeminent Rating from Martindale-Hubbell
  • Included in The Best Lawyers in America® for Litigation – Labor and Employment (2021-2027), Employment Law – Management (2021-2027)
  • Named to the San Diego Super Lawyers list for Employment Litigation, Employment & Labor, Alternative Dispute Resolution (2010-2021, 2023-2026)
  • Named by San Diego Metro, San Diego’s Top Attorneys (2022)
  • Named by San Diego Metropolitan Magazine, Men of Influence (2021)
  • Named by San Diego Daily Transcript, “Top 10 Attorneys” Employment Law (2009, 2011, 2012, 2013)
  • Named by San Diego Metropolitan Magazine, “Top 40 Under 40” (2007)

MEDIA MENTIONS

  • State Supreme Court Ruling Is Defeat For Employers, SDDT Article, July 2015
  • Employers Bear High FEHA Costs Burden. Calif. High Court, LAW360 Article, July 5, 2015
  • Minimum Wage Hike’s cost to Employers Weighed, San Diego Daily Transcript, July 29, 2014
  • Time Warner Ruling Limits Employer Commission Plan, Law360, July 24, 2014
  • 5 Tips for Avoiding An EEOC Pregnancy Bias Lawsuit, Law360, May 16, 2014
  • San Diego Businesses Predict Minimum-Wage Impacts, San Diego Daily Transcript, April 25, 2014
  • Filner Accuser Speaks After $250K Settlement, San Diego Union Tribune, February 12, 2014
  • Western Medical Case Adds Harris Rule to Retaliation Fights, Law360, January 17, 2014
  • Minimum wage increase headlines new laws in 2014, San Diego Daily Transcript, November 19, 2013
  • OSHA Workplace Injury Rule Aims to Shame Companies Into Safety, Law360, November 13, 2013
  • Fired teacher sues San Diego diocese, San Diego Union Tribune, September 3, 2013
  • Would Filner last in corporate America, San Diego Union Tribune, July 24, 2013
  • Sexual Harassment Cases Bruising For Accusers, San Diego Union Tribune, July 20, 2013
  • Mayor Filner apology not legally damaging, San Diego Daily Transcript, July 11, 2013
  • California Pregnancy Bias Case Shows Employers Must Engage Workers, Law360, February 26, 2013

Representative Matters

  • Prevailed on appeal reversing trial court decision to deny motion to compel arbitration. In a unanimous opinion, California Court of Appeal held that the arbitration agreement was not substantively unconscionable, reversing trial court decision. (Spaulding v. Papa John’s USA)
  • Prevailed on appeal of summary judgment before the California Court of Appeals on claims for wrongful termination, national origin and racial harassment, discrimination and retaliation. WTK first prevailed on its motion to compel the case to arbitration. Next, WTK prevailed on its motion for summary judgment on the grounds that the Plaintiff did not raise a triable issue of fact that he was either wrongfully terminated, harassed or discriminated against. Summary judgment was confirmed by the Los Angeles County Superior Court, and the appeal followed. The California Court of Appeal affirmed the judgment in full. (Machuca v. Nationwide Legal LLC)
  • Defense of a class action on behalf of a national home mortgage company, challenging the exempt status of loan officers throughout California. Case was heard in the Federal District Court of the Southern District of California.
  • Defense of a putative class action on behalf of an international manufacturing company, alleging numerous violations of California wage and hour laws stemming from the implementation of a 4/10 alternative work week schedule. Case was heard in San Diego County Superior Court.
  • Defense of a class action against a national home mortgage company, challenging the expense reimbursement of loan officers throughout California. Case was heard in San Diego County Superior Court. Defense of a class action against a major supermarket chain, challenging an employment application inquiry concerning applicants’ past drug use and alleging various Labor Code violations. Case was heard in San Diego County Superior Court.
  • Defense of a defense contractor in a qui tam action under the federal False Claims Act alleging fraud by defense contractors. Case was heard in the Federal District Court of the Southern District of California. Defense of a wrongful employment termination claim against a major property management company, alleging sexual orientation discrimination and harassment. Case was heard in San Diego County Superior Court.
  • Defense of a national origin, race discrimination and defamation claim against a Fortune 50 computer chip manufacturer, alleging wrongful termination and retaliation. Case was heard in San Diego County Superior Court.
  • Defense of a sexual harassment, gender discrimination and retaliation claim based on wrongful termination, filed against a major national retailer. Case was heard in San Diego County Superior Court.
  • Prosecution of a trade secret dispute on behalf of a telecommunications manufacturing company, involving departing employees who took trade secrets with them when they joined a competitor. Case was heard in San Diego County Superior Court.
  • Defense of an age and disability discrimination claim against a Fortune 50 computer chip manufacturer, based on the plaintiff’s selection for lay off. Case was heard in San Diego County Superior Court.

Speeches & Publications

PUBLICATIONS

  • The safety valves are failing as ordinary cases produce extraordinary verdicts,” Los Angeles/San Francisco Daily Journal, August 11, 2026
  • Musk v. Altman: When ‘all in’ egos litigate what mediation could have fixed,” Los Angeles/San Francisco Daily Journal, May 21, 2026
  • Data is the black box of wage and hour mediation,” Los Angeles/San Francisco Daily Journal, April 15, 2026
  • When ‘bad plaintiff’ tactics blow up: The cautionary tale of character evidence,” Los Angeles/San Francisco Daily Journal, March 13, 2026
  • Why Litigation Leaves Everyone Wrecked and the Role of Mediators After ABA Opinion 518,” Los Angeles/San Francisco Daily Journal, February 4, 2026
  • Why Workplace Sexual Harassment Persists Despite the Rules,” Los Angeles/San Francisco Daily Journal, October 7, 2025
  • Legendary Trial Lawyer Gerry Spence Leaves Lessons For the Courtroom and Mediation,” Los Angeles/San Francisco Daily Journal, August 19, 2025
  • California’s New Sexual Harassment Standard: What ‘Totality of the Circumstances’ means for Employers,” Los Angeles/San Francisco Daily Journal, June 5, 2025
  • The Psychology of Settling vs. Litigating Cases,” Los Angeles/San Francisco Daily Journal, May 29, 2025
  • The Transformative Power of Apology in Conflict Resolution,” Los Angeles/San Francisco Daily Journal, March 4, 2025
  • “The Power of Improvisational Negotiation In Settling Cases,” Los Angeles/San Francisco Daily Journal, August 27, 2024
  • Identifying underutilized ways of steering high-conflict individuals to a mutually beneficial resolution: The hallmark of true justice,” Los Angeles/San Francisco Daily Journal, May 1, 2024
  • Lessons learned when a termination goes sideways,” Los Angeles/San Francisco Daily Journal, December 18, 2023
  • Will AI mediators soon replace humans? The simple answer is no,” Los Angeles/San Francisco Daily Journal, November 10, 2023
  • Transforming the workplace begins with lawyers,” Los Angeles/San Francisco Daily Journal, June 8, 2023
  • “It’s no surprise Florida’s anti-woke law violates free speech,” Los Angeles/San Francisco Daily Journal, October 23, 2022
  • It’s past time we recognize and root out ‘Bro Culture’ in the workplace,” Los Angeles/San Francisco Daily Journal, May 9, 2022
  • Nudging towards a harassment-free workplace,” Los Angeles/San Francisco Daily Journal, February 2, 2022
  • “30 years after Anita Hill’s testimony, how can employers finally address the problem?” Los Angeles/San Francisco Daily Journal, October 29, 2021
  • “Tesla verdict provides a simple lesson the hard way,” Los Angeles/San Francisco Daily Journal, October 23, 2021
  • “Should we ‘flip the system’ from litigation to mediation first?” Los Angeles/San Francisco Daily Journal, May 7, 2021
  • “More settlement, mediation could be COVID-19’s legal silver lining,” Los Angeles/San Francisco Daily Journal, May 27, 2020
  • “The Need to Speak Up to Harassment and the Importance of Mentorship,” Los Angeles/San Francisco Daily Journal, May 23, 2019
  • “Retaliation by Association,” Los Angeles Daily Journal, January 31, 2011
  • “Lowering California’s Unemployment Rate – An Open Letter To Gov. Jerry Brown,” Los Angeles Daily Journal, December 28, 2010
  • “Resignation of Mark Hurd: Lessons to Learn,” Los Angeles Daily Journal, August 23, 2010
  • “Watch What You Say: Discriminatory Comments in the Workplace,” Los Angeles Daily Journal, August 10, 2010
  • “The Days of ‘Big Scores’ for Fees Are Over,” Los Angeles Daily Journal, March 12, 2010
  • “How Small Businesses Can Stay Out of Trouble,” Los Angeles Daily Journal, February 10, 2010
  • “Good and Bad News for Employers,” Los Angeles Daily Journal, December 9, 2009
  • “Tough on Age,” Los Angeles Daily Journal, September 23, 2009
  • “Expert Insights on Employment Law,” San Diego Daily Transcript, April 29, 2009
  • “Alternate Routes,” Los Angeles Daily Journal, April 10, 2009
  • “Forging a Joint Effort,” Los Angeles Daily Journal, January 23, 2009
  • “To the Victor Go the Toils,” Los Angles Daily Journal, December 26, 2008
  • “Unlucky VII for Workers?” Los Angles Daily Journal, October 10, 2008
  • “Bringing the ‘Change’ to Employment Law,” Los Angeles Daily Journal, September 12, 2008
  • “Crushing the Non-Competition,” The Recorder, August 13, 2008
  • “Bossing Employers Around,” Los Angeles Daily Journal, May 9, 2008
  • “Background Checks and Balances,” Los Angeles Daily Journal, February 29, 2008
  • “Preventing Sexual Harassment,” Los Angeles Daily Journal, December 28, 2007
  • “Workplace Class Actions Slow in California,” Los Angeles Daily Journal, November 30, 2007
  • “Proving Disability Claims,” Los Angeles Daily Journal, October 5, 2007
  • “‘Me Too’ Evidence,” Los Angeles Daily Journal, August 17, 2007
  • “Trend Reversal: Disabled Workers Are No Longer Immune From Discipline,” Los Angeles Daily Journal, July 20, 2007
  • “Sometimes Employers’ Simply Wage Questions Have No Easy Answers,” The Daily Transcript, April 30, 2007
  • “Making Mileage,” San Francisco/Los Angeles Daily Journal, February 2, 2007
  • “Three Areas Augur Spikes in Litigation,” San Francisco/Los Angeles Daily Journal, December 15, 2006
  • “Courts Give Employers Little Wiggle Room with Age Discrimination Laws,” San Francisco/Los Angeles Daily Journal, November 3, 2006
  • “High Court Signals Era of Harmony on Adverse Employment Actions,” The Daily Transcript, July 12, 2006
  • “Straight Outta Compton: California Courts Hold Police Officer Not Disabled Under ADA,” San Francisco/Los Angeles Daily Journal, September 23, 1999
  • “ESTOP GAP: The U.S. Supreme Court is about to determine whether a plaintiff is barred from proving an ADA claim because it conflicts with statements made in applications for disability benefits,” Employment Law Supplement to San Francisco/Los Angeles Daily Journal, April 26, 1999
  • “Are Supervisors Individually Liable Under FMLA,” San Francisco/Los Angeles Daily Journal, May 4, 1998
  • “Work Adjustment: Request for Reasonable Accommodation for Mental Illness,” San Francisco/Los Angeles Daily Journal, December 11, 1997

SPEAKING ENGAGEMENTS

  • Speaker, Judicate West MCLE, “Sealing the Deal: Preparing for a Class Mediation that Results in a Court-Approved Settlement” (January 28, 2026)
  • Speaker, San Diego Employer’s Association Annual Employment Law Seminar, “How to Not Make the Top 10 Mistakes Employers Made in 2025” (January 15, 2026)
  • Speaker, San Diego Employer’s Association, “2025 Employment Law Update and Avoiding Employment Mistakes” (January 23, 2025)
  • Speaker, 2018 SDEA Annual Employment Law Update (January, 2019)
  • Speaker, SHRM Seminar, “Crystal Ball Predictions for Employment Law From the Trump Administration” (February, 2017)
  • Speaker, SDEA Employment Roundtable, “Lessons Learned From General Petraeus” (June, 2013)
  • Speaker, SDEA Employment Roundtable, “Pitfalls in Exempt Classifications” (April, 2013)
  • Speaker, ACCA Employment Roundtable, “Blueprint for a Bully-Free Workplace” (March, 2013)
  • Speaker, 2013 SDEA Annual Employment Law Update (January, 2013)
  • Speaker, California State Bar Annual Meeting, “Wage and Hour Litigation 101” (October, 2012)
  • Speaker, National Human Resources Association, “2012 Annual Employment Law Update” (January, 2012)
  • Speaker, State Bar of California, “Successful Mediation of the Employment Law Case” (October, 2011)
  • Speaker, SDEA HR Roundtable, “Avoiding Employment Litigation in 2011” (May, 2011)
  • Speaker, SDEA HR Roundtable, “How To Properly Investigate A Harassment Complaint” (March, 2011)
  • Speaker, San Diego Employers Association, “Annual Employment Law Update” (January, 2011)
  • Speaker, SHRM LAW DAY – Misclassification of Employees/Contractors, San Diego (January, 2011)
  • Speaker, State Bar of California, “City of Ontario v. Quon – Electronic Privacy in the Workplace” (July 29, 2010)
  • Speaker, ERI Audio Conference/Webinar, “Working off the Clock?” (July, 2010)
  • Speaker, SDEA May HR Roundtable, “Top Ten Wage and Hour Mistakes” (May, 2010)
  • Speaker, ERI Audio Conference/Webinar, “ADA/FEHA Q&A: Bring Your Questions” (January, 2010)
  • Speaker, BLR Audio Conference/Webinar, “ADA & FMLA: How to Navigate the Intersection of Disability and Leave Laws Following Recent Legal Developments” (October, 2009)
  • Speaker, Labor & Employment Section of the San Diego County Bar Association, “California and Federal Warn Acts: An Employer’s Duties When Preparing for Lay-Offs in Tough Economic Times” (May, 2009)
  • Speaker, San Diego Employers Association, “2009 Employment Law Update” (January, 2009)
  • Speaker, San Diego Employers Association, “California Employee Classification Issues – Wage and Hour Hot Topics” (March, 2009)
  • Moderator, Annual California State Bar Labor and Employment Conference, “Panel of Judges on Tips for Employment Lawyers”
  • Speaker, Employer Resource Institute, “Terminations: Everything You Wanted to Know But Were Afraid to Ask” (June, 2008)
  • Speaker, San Diego Employers Association, “2008 Employment Law Update” (January, 2008)
  • Speaker, San Diego Employers Association, Employment Law Roundtable, “California Employee Exemption Issues and Other Wage and Hour Hot Topics” (March, 2007)
  • Speaker, San Diego Employers Association, Employment Law Update, “Top Employer Mistakes of 2006” (January, 2007)
  • Presenter, ACCA Labor & Employment Roundtable, “Workforce Reductions: How to Make the Best out of a Tough Situation” (December, 2006)
  • Speaker, San Diego Employers Association, “Human Resources Survival Guide Seminar” (June, 2006)
  • Speaker, The Society for Design Administration, “Employment Law Update 2006” (January, 2006)
  • UCSD Leadership And Management Program, “History and Development of Employment Law in America” (2001-2006)
  • Speaker, Council on Education in Management, “Minimizing Litigation Risks When Disciplining and Terminating Employees” (April, 2005)
  • Speaker, County Counsels’ Association of California, “California’s Labor Code ‘Bounty Hunter Act’ and Its Application to Public Employees” (October, 2004)
  • Speaker, San Diego County Bar Association’s Labor & Employment Law Section, “New Enforcement Rules for California’s Labor Code” (September, 2004)
  • Speaker, San Diego Employers Association, “Investigating Sexual Harassment Claims” (May, 2004)
  • Speaker, San Diego Employers Association, “Wage & Hour Time-bombs” (March, 2003)
  • Speaker, International Beverage Dispensing Equipment Association, “The Seven Habits of Frequently Sued Managers” (April, 2002)
  • Speaker, National Human Resources Association, “Layoffs Without Lawsuits” (February, 2001)
  • Speaker, East County Personnel Association, “Top Ten Employment Law Changes You Need To Know For 2001” (January, 2001)
  • Speaker, San Diego Employers Association, “Conducting and Documenting Personnel Investigations” (October, 2000)
  • Speaker, Council on Education in Management, “Preventing Workplace Violence” (May, 2000)