Andrew R. Kislik

Andy is a trial and appellate lawyer who trained at Gibson, Dunn & Crutcher, and who was a principal of Cohen & Ostler in Palo Alto for 16 years. His practice focuses on complex commercial litigation, trade secrets/intellectual property litigation, and employment/wage & hour law.

Andy was selected for inclusion in the list of Super Lawyers every year from 2013 through 2020 by Super Lawyers® magazine. For more then 30 straight years, he has been rated AV Preeminent® (5.0 out of 5.0) by Martindale-Hubbell® Peer Review Ratings™. Andy was selected as a 2015 Top Rated Lawyer in Labor & Employment by American Lawyer Media.

Educational Background & Federal Clerkship:

Andy earned his law degree from Harvard Law School, where he served as a Note Editor of the Harvard Law Review and graduated with honors.
He earned his bachelor’s degree in mathematics from Harvard College, where he was elected to Phi Beta Kappa and graduated with honors.
Prior to entering into private practice, Andy served as a judicial law clerk to United States District Judge Donald D. Alsop in the District of Minnesota. Following his clerkship, he served as a special master in the redistricting of Minnesota. Andy also has worked for the labor and litigation departments of the California Judicial Council.

Prior Representations: Andy has successfully represented individual clients and large corporations. Results include:

Trade Secrets:

[Manufacturing & Supply Company v. Manufacturing & Supply Company], Los Angeles County Superior Court: in a trade secrets misappropriation case, obtained plaintiff’s dismissal for a fraction of the cost of continuing to defend the case.
[Technology Company v. Technology Company], Santa Clara County Superior Court: successfully defended trade secrets case, with plaintiff dismissing case.

Class Actions:

[Putative Class v. Adult Home Care Services Company], Los Angeles County Superior Court: settled class numbering in excess of 200 employees for small fraction of total claim.
[Putative Class v. Services Company], Alameda County Superior Court: settlement of putative wage & hour class action for a fraction of claims.
[Putative Class v. Restaurant], Los Angeles County Superior Court: dismissal of putative wage & hour class action for small individual settlement for a fraction of claims.

Wage & Hour:

[Wage Action v. Professional], Alameda County Superior Court: dismissal of action for small individual settlement, for a fraction of the cost of defense.
[Wage Action v. Store Chain and Manufacturer], Los Angeles County Superior Court: dismissal of action for small individual settlement, for a small fraction of the cost of defense.
[Plaintiff’s Wage & Hour Claims], pre-filing, obtained favorable settlement for virtually all that our client sought in damages against her former employer.

Commercial Litigation:

[Services Company v. Services Company], American Arbitration Association: obtained large award for virtually all the client sought, although the opposing party counterclaimed for over a million dollars.

Appellate:

[Individual v. Former Employer], First District Court of Appeal: prevailed on behalf of employee in published opinion striking down arbitration clause.
[Individual v. Former Employer], First District Court of Appeal: prevailed on behalf of employer-defendant, upholding grant of summary judgment.