Gene Moscovitch has been a full-time mediator since 1999 specializing in resolving every single type of employment matter including wage and hour class actions. His experience extends to civil rights cases, business/commercial disputes and wrongful death/catastrophic injury matters. Prior to embarking on this second career, he was an active trial lawyer for over 25 years, having tried in excess of 100 cases.
As a mediator he draws upon this extensive courtroom experience to assist disputants in high stakes cases to evaluate pivotal evidentiary issues. In mediation, he skillfully delivers realistic insight and analysis, while always being focused on resolution. Gene's intellect and friendly demeanor give him the ability to examine issues critically, communicate freely with both sides, and provide candid feedback when necessary. For example, when faced with a challenging civil rights matter, he draws upon his days as a Deputy Federal Public Defender when analyzing allegations of excessive force, over detention and police misconduct. His candid approach in all of the fields in which he mediates has earned him the respect of both plaintiffs and defense counsel alike.
He commented, “I have been fortunate over the last 20 years to be able to work in a profession that I truly love, but more importantly where I feel I can make a difference on an everyday basis.” He is known for his warmth, humor and tenacity in getting results and is universally regarded as one of the most talented mediators in California.
Gene enjoys international travel having visited over 75 countries, is an avid sports fan supporting his UCLA Bruins, enjoys playing Texas Holdem Poker,
lover of music (especially blues and jazz) and spending time with his family and friends.
Sole Practitioner, Law Offices of Eugene Moscovitch (1980-1984), General Civil matters litigation with an emphasis on catastrophic injury
Supervising Trial Lawyer/Senior Training Coordinator, Office of the Federal Public Defender, Central District of California (1975-1979), tried approximately 60 Federal Court cases involving prisoner medical conditions
President-Elect, International Academy of Mediators
Fellow, Membership Co-Chair, Board of Governors, Executive Committee, Vice President, International Academy of Mediators (2004-present)
Member, Los Angeles County Bar Association, Federal Bar Association of Los Angeles, California Trial Lawyers Association, Los Angeles Trial Lawyers Association, Southern California Defense Counsel, Consumer Attorneys of Los Angeles, California Attorneys for Criminal Justice, Association of Conflict Resolution Professionals
Certifications, L.A. County Bar Association Dispute Resolution Training (1999), Straus Institute Pepperdine School of Law (1999-2001), Advanced Study in Mediation Master Forum (2001-2002), ABA Advanced Course on Conducting Arbitrations (2004).
J.D., UCLA School of Law (1973)
B.A., cum laude, Whittier College (1968)
Achievements & Awards
Gene has been recognized by the Daily Journal as one of the "Top 50 Neutrals in California."
Named as one of Southern California's "Super Lawyers" each year from 2006 through 2018, in the field of Alternative Dispute Resolution.
He is a frequent lecturer before State and local Bar Associations, as well as plaintiffs' attorney and defense counsel functions on the subject of mediating and settling the most contentious of litigated cases.
Numerous cases involving breach of contract, franchise agreements, partnership disputes, unfair competition, royalty and commission agreements.
Disability Access Discrimination
Class action involving discriminating practices at major amusement park deemed detrimental to those who are blind or visually impaired.
Class action involving municipal transit authority and its need to provide and upgrade existing accommodations for wheel-chair bound users of bus services.
Mediation involving traditional failure to reasonably accommodate or engage in a productive interactive dialogue regarding access to services for the physical and mentally disabled
Mediations for claims surrounding gender discrimination with issues including demonstrated lower pay for equal work; failure to promote; pregnancy discrimination, lack of access to customer lists, expense accounts and club memberships needed to facilitate client development and career advancement.
Mediation for age discrimination claims arising out of a reduction in force carried out disproportionately in relation to older workers with greater seniority and higher pay
Race Discrimination: multiple mediations involving verbal harassment, demonstrated failure to promote, use of racial epitaphs, ridicule for unfamiliarity with local customs or inability to fully communicate in English.
Religious Discrimination: mediations for claims due to alleged inability to observe religious practices on personal time or to take time off without pay to observe religious holidays.
Early mediation of potential arbitration matter regarding employee with disability discrimination and 1102.5 claims.
Failure of company truck driver to report changes in medical conditions and prescribed medication (public safety issue). Wrongful termination and disability discrimination alleged.
Plaintiff claimed complete lack of interactive process and no effort to reasonably accommodate. Plaintiff (an 11-month employee), is terminated within 3 hours of management receiving an initial request for 30 days of unpaid medical leave.
EWT and Discrimination
Settled race harassment and retaliation case against a public entity. Plaintiff claimed frequent use of racial slurs. This long-term employee was fired on pretext of performance without any prior write-ups or discipline.
Multiple cases involving wide-spread and systematic harassment of gay and transgender employees.
Quid pro quo harassment involving demands for sexual favors in exchange for promotion or maintenance of current employment status
Mediations for retaliation claims arising from alleged adverse job actions such as termination, demotion, forced retirement as a direct consequence of criticizing superiors or complaining to human resources.
Wage and Hour
Wage and Hour: Numerous matters involving pay stub and working time practice, failure to reimburse employee uniform expenses, failure to pay overtime for preparatory acts performed on behalf of the employer, improper inducements to relocate across state lines or national boundaries.
Mediated a 9 plaintiff employment retaliation, wrongful termination and wage & hour case.
Wage and Hour Class Action
Wage and Hour Class Action: mediation resolving assessment of independent contractor status of female exotic dancers including issues around denial of overtime, denial of rest breaks, and forced sharing of tips with management.
Numerous wage and hour class action and collective bargaining agreement negotiations surrounding meal period / rest break and off the clock violations involving restaurant workers, truck drivers, limousine chauffeurs, car wash employees and others.
Wage & Hour class action case regarding failure to pay overtime at correctly computed base rate and meal break violations for a non-profit Credit Union.
Whistleblower Wrongful Term
Multiple mediations involving whistleblowing and reporting of illegal employer practices to OSHA, SEC, EPA, taxing authorities and other regulatory agencies, manifesting to staff in threat of, or actual adverse actions including demotions, transfer, reduction of responsibilities or termination.
A 10-year full time teacher's 1 year contract to teach was not renewed by the Office of Education of a local municipality (as it always had been done previously) following 3 consecutive pregnancy leaves within a relatively short period of time, followed by a non-job related accident (serious slip & fall). Termination/failure to renew her contract was based upon performance grounds despite an excellent work record in the years before to her injury and request for CFRA leaves. Plaintiff was going through a divorce and raising 3 small children at the time of her late-developing and disputed write-ups. Defense argued need for teacher continuity in the classroom for the students and their parents. Settled by Mediator's proposal subject to applicable Board approval.
Professional Malpractice Legal
Numerous cases involving the breach of standard of care, missed statute of limitations, failure to perform discovery, failure to properly designate experts and other legal malpractice issues.
Failure to protect cases involving inmate on inmate violence directed at persons who were thought to be in protective custody.
Matters involving use of excessive force by police personnel in field in effecting detention or arrest.
County wide class action case spanning a 7 year period arising out of claims of illegal strip searches. The case settled for $26 million.
County wide class action involving rampant spread of fungus and infection within county jail facilitates, allegedly due to the ignoring of proper health and safety protocols.
Title VII 18 U.S.C. Matters arising from allegations of failure to receive fair and equal treatment, sometimes by deliberate indifference and under color of law.
Class action involving police officials allegedly failing to provide necessary interpreting services to both defendants and complaining citizens who are speech or hearing impaired.
Personal injury case involving an altercation between two bar patrons and a bouncer resulting in serious injuries to the two bar patrons.
Cases involving shooting of persons mistakenly thought to be carrying a weapon, including contagious fire and true random circumstances.
Wrongful Death occasioned by jail personnel failure to provide adequate medical services to inmates.