Phillip R. Maltin
Phillip R. Maltin is a veteran litigator and trial lawyer, and is 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 series 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 participates as 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, 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)
Consistently attained either judgments or rulings in favor of the HMO in matters involving one of the country's largest HMOs in ERISA and other civil and administrative matters.
Obtained a full dismissal in the defense of a noteworthy Los Angeles restaurant chain against wage and hour class action.
In a “bet the business” lawsuit, attained significant court-imposed sanctions (fines) against the opposing business and its owner resulting in bankruptcy and closure when representing Asia's largest manufacturer of foam products in an action for fraud and breach of contract
Achieved case dismissal plus payment of client's attorney's fees in representing a business sued for allegedly misappropriating trade secrets.
Successfully defeated numerous agency and administrative hearings (trials) and appeals in waves of multiple actions by state agencies attempting to reclassify independent contractors into employees.
As a pro bono public prosecutor for the City of Los Angeles, Phil’s on-going career focuses on prosecuting crimes involving domestic violence and battery involving serious bodily injury.
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.
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 trial," Los Angeles Lawyer, June 2004
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:
Delivering the Keynote Address at the San Francisco HR Star Conference, “I Can Read You: Communication, Questioning & the Science of Unmasking Untruths”: to be held on July 12, 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, "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, "2015 Labor & Employment Executive Briefing," Kansas City, Missouri, November 19, 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," Lathrop & Gage Interview Workshop, Los Angeles, California, September 24, 2015.
General Session Address, Southern California Fraud Investigators Conference, Palm Springs, California, November 20, 2014
Key Note Address, Atlanta HR Star Conference, Atlanta, Georgia, October 10, 2013Named one of Super Lawyers’ “Top Women Lawyers in Southern California,” 2013-2015
Seminar, Club Managers Association of America, Milwaukee, Wisconsin, June 26, 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 2013Pi Sigma Alpha Honor Society
Special Guest, Champions of Justice radio interview with Tom Girardi on KRLA AM 870, March 16-17, 2013