Rex Darrell Berry, Senior Counsel
Mr. Berry represents businesses and employers of all types and sizes in all facets of business and employment law. He is an experienced trial lawyer with numerous appearances before judges, juries and arbitrators. He is also an accomplished appellate advocate with appearances before several federal and state appellate courts, the Washington and California Supreme Courts and United States Supreme Court.
For more than 30 years, Mr. Berry has made a priority of counseling clients to help them avoid litigation where possible by addressing problems before they arise. He provides comprehensive review and recommendations on business and employment policies and practices, as well as advice, counsel and training on a full range of employment law-related issues, including, but not limited to:
- Discrimination claims, including age, gender, race and disability
- Harassment claims, including sexual harassment, hostile work environment and retaliation claims
- Privacy issues in the workplace, including monitoring computer and internet use, drug testing, conducting workplace searches and background checks
- Disciplinary actions and employee terminations
- Compliance with state and federal laws governing employment
- Workplace investigations
When litigation becomes necessary, Mr. Berry utilizes thorough litigation practices designed to obtain the best result for his clients at the least expense. He has extensive experience representing employers in employment litigation before federal and state courts, agencies, and arbitration panels. This includes representing employers in wage and hour class actions and other single and multi-plaintiff litigation, restrictive covenant enforcement, trade secret, employment tort, employee discharge, Title VII, ADA, FEHA, FMLA, CFRA, ADEA, and other discrimination claims, NLRB, OSHA, ERISA, labor, and other employment matters.
Prior to joining Kronick in 2014, Mr. Berry was an owner/partner in Berry & Block, an LLP he co-founded in 2003 with colleague Ilene Goldstein Block. Mr. Berry lives in Davis with his wife, two children, and his faithful dog, Tex.
Mr. Berry began his legal career with Paul, Hastings, Janofsky & Walker (Los Angeles) after graduating from the Emory University School of Law (Atlanta) in 1983. He relocated to Seattle in 1987 to practice with Perkins Coie, and then with Davis, Grimm & Payne where he became a partner in 1995 before coming to Sacramento and joining Livingston & Mattesich Law Corporation (now Greenberg Trauig, LLP).
Following are examples of legal matters Mr. Berry has handled for clients:
- Lead trial counsel for an orthopedic/prosthetics manufacturing startup company, sued by an industry giant over alleged violations of agreements restricting the use of certain intellectual property. Following a three week trial, obtained a complete defense verdict from the jury after only 20 minutes of jury deliberation.
- Lead trial counsel for a national pharmacy retailer in a month long jury trial held in the United States District Court for the Eastern District of California/Fresno. Post-trial motions resulted in the court granting a favorable verdict for the client, reversing many of the jury’s findings that were unsupported by evidence.
- Representation of a national electronics retailer before the United States Supreme Court in Adams v. Circuit City Stores, Inc., 532 U.S. 105 (2001), a case presenting issues arising from the employer’s mandatory arbitration program. Obtained desired decision that the Federal Arbitration Act applies to contracts of employment.
- Representation of large regional shipping broker in proceedings before the California Unemployment Insurance Appeals Board, resulting in the reversal of an erroneous EDD assessment of several hundred thousand dollars, based on the EDD’s faulty determination that numerous independent contractor trucking companies were the client’s “employees.”
- Obtained “walk away” settlement of nursing employee’s retaliation claims against multi-state hospital and health care provider, after discovery demonstrated facts completely undermining the legitimacy of the employee’s claims.
Professional Activities & Affiliations
Mr. Berry enjoys speaking and lecturing on current issues in labor and employment law before both local civic groups and on behalf of several continuing education providers. His professional affiliations include:
- Martindale-Hubbell AV Rated Attorney
- Northern California Super Lawyer (2004, 2012-2017)
- Sacramento Magazine, Top Lawyer 2016
- Member, Sacramento Area Human Resources Association
- Member, Sacramento Rotary
- Member, Sacramento County Bar Association
- Member, California State Bar Association
- Member, Georgia State Bar Association
J.D. Emory University School of Law, 1983
B.A. Wake Forest University, 1980