Lois M. Kosch joined the firm in 1994 and is a partner in the Employment Law Practice Group. Her practice emphasizes the litigation of harassment, discrimination, wrongful termination, and wage and hour matters, including class action defense. In addition to litigation, she regularly counsels employers on employment-related issues that range from hiring to firing of employees, writing and reviewing policies and handbooks, analyzing adverse impact and advising employers on mass layoffs, conducting and overseeing investigations, and advising clients on leave of absence issues, disciplinary actions and terminations. She represents clients of all sizes and in most industry sectors including national employers in the medical device, retail and pharmaceutical industries. She has also advised and defended clients in both print and broadcast media on First Amendment and invasion of privacy issues.

Lois is a frequent speaker and author on employment law topics. She is a contributing author to CEB’s Wrongful Employment Termination Practice and has authored several human resource and legal articles. Lois serves as an arbitrator and is a member of the American Arbitration Association's employment arbitration panel.

Affiliations

• Arbitrator, American Arbitration Association, Employment Panel
• Volunteer Mediator, California Department of Fair Employment and Housing
• California Lawyer’s Association (State Bar), Member ADR Committee of the Litigation Section
• Association of Business Trial Lawyers (ABTL, Member, Board of Governors (2010-2013), Editor, ABTL Report (2010-2015)
• The State Bar of California, Labor & Employment section, Executive Committee Member and Advisor (2004-2010)
• The State Bar of California, Co-Editor-In-Chief, California Labor & Employment Law Review (2003-2007), Editorial Board Member (present), author of regular update column on developments in wage and hour law (2011 - present)
• NAMWOLF (National Association of Women and Minority Owned Law Firms), Member, Board of Directors (2005-2006)
• Society for Human Resource Management (SHRM) member; webinar speaker for Cal-SHRM (2016)
• Lawyers Club of San Diego, Member
• San Diego County Bar Association, Member, Former Managing Editor, San Diego Lawyer Magazine
• Association of Southern California Defense Counsel, Member

Speaking & Publications

• Co-presenter, “Mandatory Arbitration-Myth or Reality?” California Dispute Resolution Council 25th Anniversary Celebration, Virtual Seminar (October 23, 2020)
• Co-presenter, “We’re Open for Business – What Could Possibly Go Wrong? [employment law issues following the COVID-19 pandemic]” Association of Business Trial Lawyers (May 14, 2020)
• Speaker, “Families First Coronavirus Response Act (FFCRA) and the Legal Risks and Considerations in Bringing Employees Back to Work” Best & Brightest Companies To Work For COVID-19 National Town Hall (April 2020)
• 2019 ADR Legislative Review Seminar/Webinar, ADR Services, Los Angeles, CA (January 18, 2019)
• California Legislative Review, NAMWOLF Regional Meeting, San Jose, CA (August 23, 2018)
• Speaker, “The Contingent Workforce: Best Practices in an Uncertain Legal Landscape” NAMWOLF Business Meeting, New Orleans, LA (February 2016)
• Employment Law Update, Various Clients & WTK Annual Seminar (2015-2017)
• Speaker, “What California Employers Need to Know About the FLSA Overtime Rule” Society for Human Resource Management Webcast (May 2016)
• California Legislative Review, NAMWOLF Labor & Employment PAC Webinar (November 15, 2016)
• Speaker, “What California Employers Need to Know About the FLSA Overtime Rule” Society for Human Resource Management Webcast (November 2016)
• “Advising Witnesses to Maintain Confidentiality During Internal Investigations Following the NLRB’s 2012 Decision in the Banner Health Systems Case” ABTL Report (Winter 2013)
• Speaker, “Internal Investigations and Corporate Monitorships” NAMWOLF Annual Meeting, Minneapolis, MN (September 2013)
• “Will Sacramento Reinvest in the State’s Court System?” ABTL Report (Summer 2013)
• Speaker, “Properly Classifying Temps, Interns, Independent Contractors & Volunteers” NAMWOLF Annual Meeting, Las Vegas, NV (September 2011)
• Speaker, “Workplace Violence: Employer Obligations & Liability” ATAP (Association of Threat Assessment Professionals), San Diego (April 6, 2011)
• Speaker, “Classification Trouble Spots: Properly Classifying Temps, Independent Contractors, Interns and Volunteers” ACC Employment Law Roundtable, San Diego (February 16, 2011)
• Speaker, “Properly Classifying Temps, Interns, Independent Contractors & Volunteers” SHRM Law Day 2011, San Diego (January 19, 2011)
• Speaker, “The Employment Law Year in Review and a Preview of What to Expect in 2011” ACC-Labor and Employment Practice Group Meeting, San Diego (December 8, 2010)
• Co-Author, "Setting 2010's Employment Legislative Agenda" Los Angeles Daily Journal (January 4, 2010)
• Speaker, "ADA Q&A - Bring Your Questions to Our Experts for Quick, Informative Answers" BLR Webinar to National Audience (January 2010)
• Co-Author, "No Mixed Motive Instructions in ADEA Cases...At Least for Now" California Labor & Employment Law Review (September 2009)
• Speaker, "Wage and Hour Litigation - Recent Developments in Wage and Hour Law" Bridgeport Seminars (June 2009)
• Speaker, "Employment Law Update" State Bar of California, Section Education Institute (January 2009)
• Speaker, "Employment Law - Protecting the Company and You" Human Resource Discussion Group (July 2008)
• Speaker, "Wage and Hour Litigation - Recent Developments in Wage and Hour Law" Bridgeport Seminars (June 2008)
• Co-Author, "Claims by Illegal Immigrants" Los Angeles Daily Journal and San Francisco Daily Journal (December 7, 2006)
• Author, "When a Leave of Absence Becomes Indefinite, Employers Can Fill the Position" Los Angeles Daily Journal and San Francisco Daily Journal (September 8, 2006)
• Speaker, "FLSA Exemption Traps and Other Sticky Pay Issues" San Diego Employers Association Human Resources Survival Guide Seminar (June 2006)
• Author, "Court of Appeal Rules That Payment for Failure to Provide Meal Period Is a Penalty and Not a Wage" Employment Law Update, published by the San Diego Employer's Association (January 2006)
• Speaker, "Navigating the Bermuda Triangle of Leave and Disability Laws; FMLA/CFRA/ADA/FEHA and Workers’ Comp." Presented by Council on Education in Management (February 2004)
• Speaker, "2004 Legislative Update" Presented by the San Diego County Bar Association Employment Law Section (January 2004)
• Speaker, "Solving Complex Employment Law and HR Problems in California" Presented by Council on Education in Management (August 2003)
• Author, “Mind Your Ps & Qs: Ten Tips for Terminating Employees” San Diego Business Journal (June 16, 2003)
• Co-Author, “Law Provides Job and Benefit Protection to Reservists” Los Angeles Daily Journal (March 27, 2003)
• Co-Author, “Military Reservists and Employer/Employee Rights” San Diego Daily Transcript (March 17, 2003)
• Speaker, "Legal Issues for the Media" San Diego State University’s The Daily Aztec (January 2003)
• Speaker, "Fundamentals of Wrongful Employment Termination" Continuing Education of the Bar (September 2002)
• Speaker, "Legal Issues for the Media" San Diego Business Journal (March 2002)
• Speaker, "California Employment Law Update" Sterling Education Services (March 2002)
• Author, “Don’t Let Your Holiday Party Land You In Court” San Diego Lawyer (November/December 2001)
• Speaker, "Preventing Wrongful Discharge and Retaliation Claims Resulting from Discipline and Termination of FMLA and CFRA Protected Employees" FMLA Update 2001, presented by Council on Education in Management (April 2001)
• Co-Author, “Workplace Violence and Unwanted Pursuit: From an Employer’s Perspective” Stalking Crimes and Victim Protection: Prevention, Intervention, Threat Assessment, Case Management, published by CRC Press (2001)
• Speaker, "Developments, Determining Who is a Qualified Individual, Managing Mental Disabilities and Stress Claims" ADA Update 2000, presented by Counsel on Education in Management (April 2000)
• Author, “Keeping Up With the New Employment Laws” San Diego Lawyer (January/February 2000)
• Speaker, "Meeting Your Legal Requirement to Protect Employees from Workplace Conflict, Managing Workplace Conflict" Council on Education in Management (June 24, 1999)
• Speaker, "Terminating Employees on FMLA Leave" FMLA Update 1999, presented by Council on Education in Management (May 26, 1999)
• Speaker, "Managing the Legal Risks Associated with Workplace Violence," Personnel Law Update 1999, presented by Council on Education in Management (May 5, 1999)
• Co-Author, “The Employment Lawyer's Winter Reading List: A Review of the Most Significant Employment Cases from the Second Half of 1998” ABTL Report (February 1999)
• Speaker, "Pre and Post Hire Employment Testing" Personnel Law Update, presented by Council on Education in Management (November 20, 1998)
• Speaker, "Workplace Violence – Psychological and Legal Issues" Links Staffing in Anaheim CA (October 13, 1998)
• Author, “Crime In The Suites: Managing The Risks Associated With Workplace Violence” San Diego Lawyer (September/October 1998)
• Speaker, "Terminating Employees on FMLA Leave" FMLA Update 1998, presented by Council on Education in Management (September 24, 1998)
• Co-Author, “The Employment Lawyer's Summer Reading List - A Mid-Year Review Of The Most Significant Employment Cases” ABTL Report (August 1998)
• Speaker, "Issues Relating To Workplace Violence" Labor and Employment Section of the San Diego County Bar Association (July 8, 1998)
• Speaker, "Protecting Your Employer Rights Under The FMLA" Personnel Law Update, presented by Council on Education in Management (June 24, 1998)
• Author, “Lawyer Employers No Longer Required To Pay Daily Overtime” San Diego Lawyer (January/February 1998)
• Author, “The Busiest Federal Court In America” San Diego Lawyer (September 1997)
• Author, “Ambiguities In Business and Professions Code Section 17203: Does The Unfair Competition Act Allow For Injunction Of Past Misconduct?” ABTL Report (February 1997)
• Co-Author, “When Employees Get Sick -- Employer-Requested Medical Examinations and The Americans With Disabilities Act” DICTA (January 1997)
• Co-Author of Chapter on Tort-Related Causes of Action in Employment Litigation Wrongful Employment Termination Practice (1997 and 2004)
• Author, “The Past and Future Of Fraud Claims In Employment Litigation (An Abbreviated History)” ABTL Report (August 1996)
• Author, “Winning Your Case By Breaking The Law – Navigating the Inconsistencies in the Admissibility and Legality of Surreptitious Tape Recording in State and Federal Court” ABTL Report (November 1995)
• Co-Author, “More Perils and Pitfalls Of The Office Romance: Can Love Lead To Litigation?” DICTA (May 1995)

Representative Matters

• Obtained Summary Judgment on behalf of biotech company in employment and defamation action filed by former executive; briefed and argued matter on appeal where summary judgment was affirmed. (2016 Cal App Unpub Lexis 231)
• Obtained Summary Judgment in case filed in L.A. County Superior Court against claims management company alleging sex, pregnancy and disability discrimination. Briefed and argued matter on appeal where summary judgment was affirmed. (2017 Cal App Unpub Lexis 2605)
• Obtained Summary Judgment on behalf of biotech company in employment and defamation action filed by former executive.
• Obtained dismissal of putative wage & hour class action filed against a large claims management service provider.
• Obtained Summary Judgment on behalf of telecommunications company in employment action alleging discrimination based on association with a disabled person.
• Obtained Summary Judgment on behalf of Fortune 50 healthcare distribution company in case where HIV positive plaintiff claimed disability discrimination, failure to engage in the interactive process, and wrongful termination.
• Successfully argued summary judgment appeal before Ninth Circuit Court of Appeals.

Appellate Decisions

• Dibona v. Matthews (1990) 220 Cal.App.3d 1329 (First Amendment) Galvez v. Cardinal Health 101, Inc. (9^th Cir. 2010) 387 Fed. Appx. 720, 2010 U.S. App. LEXIS 14319 (Disability Discrimination)

Honors and Recognition

• Included in The Best Lawyers in America® for Litigation - Labor and Employment (2020-2024), Employment Law - Management (2024)
• Named to the San Diego Super Lawyers list (2007-2024)
• "AV" Preeminent Rating from Martindale-Hubbell
  • Named Top Rated Lawyer in Labor & Employment
• Named by SD Metro as a Top Attorney (2020)
• YWCA Tribute to Women in Industry (TWIN) Honoree (2002)