Phillip R. Maltin
Phillip R. Maltin is a veteran litigator and trial lawyer, and a member of both the Labor & Employment and Business Litigation practice groups of Raines Feldman. Phil has a reputation as a preeminent litigator and exceptional questioner, with nuanced tactical and technical skills at trial. Phil has mastered the strategy of reverse engineering the outcome: he determines the result his client wishes to accomplish and develops the approach and case staffing to achieve it.
Phil handles general business lawsuits against one, or several, opposing parties. In addition, he has an impressive track record of defending businesses against class-action claims. He advises corporations in all types of business litigation, including claims involving breach of contract, breach of fiduciary duty and interference with economic advantage. Phil has years of experience representing corporations in shareholder derivative lawsuits, and has the distinction of having recovered millions of dollars for a number of businesses victimized by civil fraud and embezzlement.
In the area of Labor & Employment, Phil defends employers both in single plaintiff and multi-plaintiff litigation and class actions. He defends companies in a wide range of matters including wage and hour, discrimination, harassment, retaliation, wrongful termination and misappropriation of trade secrets. He also has managed and conducted numerous internal investigations for companies in a variety of work-place issues, from claims of discrimination and harassment to inquiries into violence and embezzlement. He is an expert speaker on the topics of investigation and questioning techniques, with a focus on uncovering dishonesty. His presentations have garnered media interest, with frequent invitations to deliver keynote addresses at conferences and conventions across North America.
Phil regularly acts as outside general counsel and advises businesses of all sizes, providing day-to-day human resources counseling and strategy. His clients include national and international corporations located in the United States, Asia and Europe.
Phil is a fully credentialed instructor in the prestigious Fellowship program of the Trial Advocacy Project ("TAP”) He is a former full-time prosecutor (trial lawyer) in the Los Angeles City Attorney's Office, and continues to prosecute discrete criminal cases through trial as part of his commitment to the TAP program.
Phil is perennially recognized as a Southern California Super Lawyer (every year 2010 to 2018), an elite distinction given to no more than five percent of the Southern California Bar.
J.D., DePaul University College of Law
B.A., California State University-Chico
Member of Advisory Board, USC Gould School of Law Institute for Corporate Counsel
Member of Board of Directors of MEND, one of California's largest food banks
Instructor, Fellowship Program of the Trial Advocacy Project (TAP)
Beverly Hills Bar Association; Member, Board of Governors (2004-2006); Chairman, Executive Committee, Labor & Employment Law Committee (2003-2004); Member, Executive Committee, Labor & Employment Law Committee (2003-present)
Los Angeles County Bar Association; Member, Labor & Employment Section Saturday Seminar Committee; Executive Committee, Labor & Employment Law Section (2001)
- Defeated the Employment Development Department in two administrative trials and on appeal following legally defective reclassification of independent contractors as employees.
- Obtained dismissal of a wage and hour class action—without paying anything to the class of plaintiffs—after the court had certified a class, while representing a venerable Los Angeles restaurant chain.
- Forced the opposing business into bankruptcy on the eve of trial, and then at trial, won court-imposed fines against the opposing business owner and his lawyers, while representing one of the largest manufacturers in Asia in an international business dispute.
- Won case dismissal, a public quasi-apology for the client, and payment of attorney's fees, while representing a startup publishing company in a misappropriation of trade secrets case against the startup company's largest competitor.
- Pressured the plaintiff in a sexual harassment and gender discrimination case to abandon his lawsuit simply by cross-examining him at deposition.
- Obtained summary judgment in multiple cases while representing one of the country's largest HMOs in member disputes and ERISA actions.
- Continues to win convictions in crimes involving domestic violence, battery involving serious bodily injury and driving while impaired, as a bono public prosecutor for the City of Los Angeles.
- Received the only "Outstanding Alumnus" award in the history of the Trial Advocacy Project.
- Teaches deposition skills and trial advocacy in the Trial Advocacy Project.
Phil's articles on trial tactics and evidence have been regularly featured in Los Angeles Lawyer magazine and other publications. From 2002 through 2003, Phil wrote a monthly column on employment law and trial techniques for the Los Angeles Daily Journal. He was also an "expert speaker" for Vistage International speaking across North America on employment law.
Phil's publications include:
- P. Maltin, "The Art of Communicating Means Learning to Question Effectively: Five techniques that help gain valuable information from an interview," Bottomline, 30(4), 14-17, October 2015.
- M. Schwartz, P. Maltin, "Strength of Character" (Cover Article), Los Angeles Lawyer, June 2010.
- P. Maltin, "Human Resources Techniques Of Great Leaders," Bottomline, October 2008.
- P. Maltin, "Fundamental Skills For Catching Liars In The Workplace," Bottomline, August 2007.
- P. Maltin, "Catch Liars In The Workplace," Risk Factor, 2(12), March 2007.
- P. Maltin, "Rape Shield Law Protection for Sexual Harassment Victims," California Labor and Employment Law Quarterly, June 2006.
- P. Maltin, "Rule No. 1 in Identifying Liars is Don't Get Cocky," Los Angeles Daily Journal, March 6, 2006.
- P. Maltin, "Shield Law Offers Protection to Sexual Harassment Victims," Los Angeles Daily Journal, January 19, 2006.
- P. Maltin, co-author "Second Acts: The expansive reach of Evidence Code Section 1101(b) provides a basis for effective strategies before and during Los Angeles Lawyer, June 2004.
- P. Maltin, "Whither Uber?" IC Business Insights for the Legal Professional, November 2015.
Mr. Maltin regularly speaks on labor and employment law, evidence and trial tactics. His popular seminars generate interest across North America and include training on how to:
- Identify liars in the workplace, on the witness stand and in personal life;
- Conduct investigations, particularly of fraud;
- Recognize and avoid sexual harassment claims;
- Achieve success as a supervisor; and Avoid lawsuits, among others.
Some of Phil's presentations include:
- Keynote Address, "I Can Read You: Communication, Questioning & the Science of Unmasking Untruths," San Francisco HR Star Conference (anticipated July 12, 2017).
- Workshop Leader, Deposition Skills, Los Angeles County Bar Association and Trial Advocacy Project, 2012-2017.
- Interviewed, "The Science of Uncovering Dishonesty at Work," Podcast: https://talentculture.com/worktrends-recap-science-of-uncovering-dishonesty-at-work/, May 4, 2017.
- Speaker, "I Can Read You: Communications, Questioning & The Science of Unmasking Untruths," Talent Management Conference, Society for Human Resource Management, Chicago, Illinois, April 26, 2017.
- Speaker, "Information Technology Ethics and Law," HFTP Digital Day, March 22, 2017 Speaker, "Liars! Communication, Questioning and the Science of Unmasking Liars," Bay Area Human Resource Executive Council, Sunnyvale, California, March 15, 2017.
- Speaker, "Fiduciary Exception to the Attorney-Client Privilege in ERISA Litigation," National American Conference Institute ERISA Litigation.
- Conference, San Francisco, California, June 28, 2016.
- Speaker, "I Can READ You: How to 'Win' a Negotiation By Getting At The Truth," Lathrop & Gage Seminar, Los Angeles, February 25, 2015.
- Speaker, "The Art of Communicating Effectively: Unearthing Information, Brushing Aside Barriers and Exposing Liars," Annual Convention and Tradeshow, Hospitality Financial and Technology Professionals, Seattle, Washington, October 22, 2015.
- Speaker, "Hire the Best, Pass on the Rest," Workshop, Los Angeles, California, September 24, 2015.
- General Session Address, "Uncovering Fraud Through Questioning," Southern California Fraud Investigators Conference, Palm Springs, California, November 20, 2014.
- Speaker, "Information Technology Ethics and Law," HITEC Executive Session, June 23, 2014.
- Keynote Address, Atlanta HR Star Conference, Atlanta, Georgia, October 10, 2013.
- Seminar, Club Managers Association of America, Milwaukee, Wisconsin, June 26, 2013.
- Panelist, "Proving and Defending Emotional Distress Damages in Litigation," Beverly Hills Bar Association, June 19, 2013.
- Seminar, Scottsdale, Forensic Expert Witness Association Annual Conference, Arizona, April 27, 2013.
- Private Workshop, ACE Group Insurance Company, Wilmington, Delaware; Alpharetta, Georgia; Jersey City, New Jersey, Multiple Dates in 2013.
- Special Guest, Champions of Justice Radio Interview with Tom Girardi on KRLA AM 870, March 16-17, 2013.