Biography

Frank Tobin has been practicing law for 30 years and represents management in all types of labor and employment disputes. He has successfully tried discrimination, retaliation, harassment, wrongful discharge, wage and hour and trade secret cases. Frank also defends employers in class actions and cases brought under California’s Private Attorneys General Act (“PAGA”).

Frank’s practice also includes a wide range of litigation matters, in addition to labor and employment, including commercial (breach of fiduciary duty, contract, and fraud), unfair competition, real estate, healthcare and professional liability. Frank is AV rated by Martindale-Hubbell and has been listed in Best Lawyers in America since 2021.

Representative Cases

Solo counsel representing corporate defendant in four-week jury trial in state court where plaintiff alleged racial and sexual harassment and racial and sexual discrimination which resulted in defense verdict.

Co-counsel in six-week misappropriation of trade secrets jury trial in federal court; trial resulted in favor of client.

Solo counsel representing defendants and cross-complainant in bench trial including breach of fiduciary duty and professional liability issues; trial took approximately four weeks and resulted in favor of clients.

Lead counsel representing estate in bench trial seeking to recover assets that were taken from the estate; decision in favor of client to include double damages in connection with a finding of wrongful taking; also successfully argued matter on appeal.

Lead counsel representing a shareholder in state court bench trial to contest corporate board of directors’ election; trial resulted in favor of client.

Lead counsel defending corporation in binding arbitration brought by shareholders of a corporation to rescind transaction whereby shareholders had converted promissory notes to stock; arbitration award resulted in favor of client and included attorney’s fees.

Lead counsel representing claimant in binding arbitration hearing involving international real estate. Resulted in award in favor of claimant.

Lead counsel representing corporation in age discrimination lawsuit. Resulted in summary judgment in favor of client.

Lead counsel representing an individual and corporation in defamation lawsuit; resulted in summary judgment in favor of clients.

Education

University of San Diego School of Law

• J.D., cum laude, 1993
• Outstanding Civil Clinic Intern
• American Jurisprudence Award in Professional Responsibility

Claremont McKenna College

• B.A., cum laude, 1988
• Distinguished Military Graduate

Admissions

State Bar Admissions

• California

United States District Courts

• United States District Court for the Southern District of California
• United States District Court for the Central District of California
• United States District Court for the Northern District of California
• United States District Court for the Eastern District of California

United States Courts of Appeals

• United States Court of Appeals for the Ninth Circuit

Associations

• Association of Business Trial Lawyers (Board of Governors 2007-2009; Annual Seminar
  Committee, 2007; San Diego Mini-Annual Seminar Committee, 2006)
• San Diego County Bar Association (Legal Ethics Committee (2008-2017) (Secretary,
  2010-2011; Vice-Chair, 2013, Chair, 2014); Judicial Evaluation Committee (2006-2010;
  2022)
• American Inns of Court, William B. Enright Chapter, Master (Co-Team Leader multiple
  times)
• Association of Corporate Counsel – Healthcare Roundtable (2012)
• Rose Institute of State and Local Government, Claremont McKenna College (Board of
  Governors, 2011-2014)
• Orange County Bar Association

Published Works

• 2015 – Association of Business Trial Lawyers Report – “Tameny Claims May Provide Employees Relief Even Where the Applicable Statute Does Not”
• July 2, 2014 – SHRM.org – “Retiree Not Entitled to Equitable Relief Under ERISA”
• December 2012 – SDCBA Bar Report – “Can an Attorney Who Represents Herself in Propria Persona Recover Attorney’s Fees When Simultaneously Representing Her Spouse?”
• December 2011 – SDCBA Bar Report – “Is it Better to Seek Forgiveness or Ask for Permission?”
• SDCBA Bar Report – “Whether to Settle or Go to Trial – The Client’s Decision”