Matthew Diton focuses his practice on various labor and employment matters. An experienced litigator in both court and arbitration, Mr. Diton has experience representing employers with respect to claims of trade secret misappropriation, discrimination, wrongful termination, whistleblower, harassment, wage and hour, and other federal and state law claims. Mr. Diton's litigation experience extends through all stages of a case, from initial investigation through the final appeal.

In addition to his litigation practice, Mr. Diton maintains an active counseling practice, advising employers on a wide range of everyday employment matters, such as complying with state and federal leave and wage and hour laws, and navigating issues relating to restrictive covenants (including non-competition agreements, non-solicitation agreements, and similar issues relating to employee departures). He has also conducted numerous investigations on a variety of employment matters, including those involving allegations of harassment, discrimination, and similar workplace misconduct.

Mr. Diton graduated magna cum laude and Order of the Coif from the Duke University School of Law. While in law school, Mr. Diton served as an Articles Editor of Law & Contemporary Problems and interned for Magistrate Judge Joe Webster of the United States District Court for the Middle District of North Carolina.

Experience

  • Major electronics manufacturer in lawsuit alleging misappropriation of trade secrets against a former employee, resulting in favorable settlement.
  • Nationwide financial services firm in arbitration relating to former employee’s alleged misappropriation of trade secrets, resulting in favorable settlement.
  • International electronics company alleged to have harassed and wrongfully terminated a former employee, securing summary judgment in federal court.
  • Major California agricultural company alleged to have failed to pay minimum and overtime wages, securing summary adjudication in state court and successfully defending judgment on appeal.
  • Major software company alleged to have improperly paid commissions under a sales compensation plan, securing summary judgment in federal court.
  • International law firm alleged to have breached its fiduciary duties to a former associate under ERISA, securing summary judgment in federal court.
  • Bay Area investment management firm alleged to have breached its partnership agreement, successfully compelling arbitration and obtaining dismissal of the federal court action.
  • Professional sports team in a series of wage and hour class actions brought by the team's cheerleaders.

Perspectives

The COVID-19 Vaccines: Practical and Legal Issues for Employers
Coronavirus: Labor & Employment Advisory
Coronavirus Legislative Update: The CARES Act Becomes Law
Coronavirus: Legislative and Public Policy Advisory
California Employers Who Shut Down or Conducted a Mass Layoff on or After March 4 Must Still Provide Notice Under Cal-WARN to Take Advantage of Executive Order
Coronavirus: Labor and Employment Advisory
California Suspends State WARN Law Amid COVID-19 Pandemic
Coronavirus: Labor and Employment Advisory
Pandemic Coronavirus: Practical and Legal Issues for Employers
Coronavirus: Labor and Employment Advisory
More

Credentials

Education
  • JD, Duke University School of Law, 2015, magna cum laude, Order of the Coif

  • BA, University of Virginia, 2012, High Distinction, Phi Beta Kappa

Admissions
  • California
Overview

Email Disclaimer