Delia A. Isvoranu

Partner

  • Delia A. Isvoranu
  • Phone: +1 415 957 3093

    Import to Address Book

  • Duane Morris LLP
    Spear Tower
    One Market Plaza, Suite 2200
    San Francisco, CA 94105-1127
    USA

Delia A. Isvoranu is a trial attorney with extensive experience in the litigation defense of all types of employment-related matters, wage and hour claims and class actions, and commercial disputes. She has tried over a dozen cases in various venues involving a broad range of employment claims, as well as commercial breach of contract and fraud actions. She has obtained summary judgment in dozens of employment matters, and has also defeated class certification in multiple wage-and-hour putative class actions. Ms. Isvoranu has also handled a number of appeals as a Respondent in state and federal court and has argued before appellate courts on numerous occasions. 

Ms. Isvoranu represents employers in a variety of industries and a broad range of issues, including in union/labor arbitrations. She also works in partnership with in-house counsel and human resources personnel to provide guidance and assistance in the areas of employee discipline, policies, termination, layoffs, reductions in force and responses to DFEH/EEOC and DLSE claims.

Areas of Practice

  • Employment Law and Litigation

  • Wage and Hour Claims

  • Commercial Litigation

  • Personal Injury/Premises Liability Claims

  • Maritime Litigation

Admissions

  • California
  • Supreme Court of California
  • Court of Appeals of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Education

  • University of San Francisco School of Law, J.D.
  • University of San Francisco, B.A., cum laude

Experience

  • Duane Morris LLP
    - Partner, 2018-present

  • Sedgwick LLP
    - Partner, 2013-2017

  • Brown, Eassa and McLeod LLP
    - Associate/Partner, 2001-2013

Professional Activities

  • Robert G. McGrath American Inn of Court
    - Executive Committee Member

  • Bar Association of Alameda County
    - Labor and Employment Section, Executive Committee Member

  • Contra Costa County Bar Association

  • Alameda County Bar Association

  • San Francisco County Bar Association

Media Hits

Selected Publications

  • Author, Various Articles for California Employment Law Letter, 2013-Present

  • Author, "Risks Calif. Employers Face Using Time-Rounding Software to Record Employee Hours," The Recorder, July 2018

  • Author, “The Impact of Changes to California’s Fair Pay Act,” The View Magazine, 1st Quarter 2016

  • Author, “A Motivating Reason: Chipping Away at Pretext,” Contra Costa Lawyer Magazine, March 2013

  • Author, “Employer Blogging/Message Boarding Policy — Does Your Client Have One?” Contra Costa Lawyer Magazine, August 2008

  • Author, “Employer Ramifications of Office Romances,” Contra Costa Lawyer Magazine, August 2006

  • Author, “Meal Breaks: How Far Must an Employer Go to Ensure Employee Compliance With Meal Breaks,” East Bay Business Times, 2005

     

Selected Speaking Engagements

  • Speaker, "Disability Developments," Duane Morris LLP, September 27, 2023
  • Speaker, "Litigating and Trying Employment Cases in the Wake of the Pandemic," The Bar Association of San Francisco’s Annual Labor and Employment Conference, February 3, 2022
  • Speaker, "State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration," Duane Morris LLP, Webinar, May 19, 2021
  • Speaker, "State Law Updates, Including COVID-19 Workplace Laws and Regulations," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 12, 2020
  • Speaker, "Employment Life Cycle of the Remote Employee," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 27, 2020
  • Speaker, “2020 Vision: Legal Issues to Watch for in the Workplace,” Duane Morris Breakfast Briefing, San Francisco, 2019

  • Speaker, Developments in Workplace Law and Practice, "New Episodes in Employment, Labor, Benefits and Immigration Law," 2019

  • Instructor, "New California Laws Enacted in Wake of #MeToo—More Bad News for Employers," Duane Morris Institute, 2019

  • Presenter, "2017 Employment Law Update and Changes," MCLE Presentation, 2017

  • Presenter, "Deposition Best Practices," MCLE Presentation, 2016

  • Presenter, "Wage-and-Hour Trends," MCLE Presentation, 2016

  • Presenter, "2016 Civil Procedure Changes," MCLE Presentation, 2016

  • Presenter, “Social Media in the Workplace,” CCCBA MCLE Presentation, 2012

  • Presenter, “Ethical Issues for Labor and Employment Lawyers,” CCBA MCLE Presentation, 2011

  • Moderator, “Jury Selection in Employment Cases,” ACBA MCLE Presentation, 2010

  • Presenter, “Legal Landmines of Social Media,” MCLE Presentation, 2009

  • Presenter, “Employment Motions: What Works and What Doesn’t,” MCLE Presentation, 2008

  • Presenter, “Employment and Labor Law Compliance,” MCLE Presentation, 2008

  • Presenter, “Employment Law Update,” MCLE Presentation, 2007

  • Presentation author, HR Compliance Workshop, 2006

Representative Matters

  • Trial (2023): Obtained a unanimous defense verdict in a jury trial lasting over eight weeks, as well as the denial of an equitable claim for reinstatement, on behalf of a state entity in a complex whistleblower retaliation action alleging four retaliation-based statutory causes of action.

  • Trial (2023): Obtained a unanimous defense verdict in a jury trial on behalf of a state entity and individual defendant in action filed by a former doctor pursuant to Health and Safety Code section 1278.5, 42 USC section 1983 (First Amendment free speech) and Labor Code section 1102.5. The client was also awarded and recovered costs.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2023): Obtained summary judgment on behalf of a medical systems/technology company after a terminated employee filed claims of age discrimination, retaliation, and wrongful termination.

  • Dismissal for Failure to Prosecute (2023): Obtained a dismissal of a sexual harassment, gender discrimination, and retaliation action filed against the client-employer and five supervisors, as a result of the employee’s failure to bring the matter to trial within five years.

  • Summary Judgment (2023): Obtained summary judgment on behalf of employer in an action filed by a terminated Controller alleging eight causes of action for Fair Employment and Housing act age discrimination, age harassment, disability discrimination, failure to accommodate, retaliation, failure to engage in the interactive process, California Family Rights Act retaliation, whistleblower retaliation pursuant to Labor Code section 1102.5, and failure to prevent harassment/discrimination/retaliation.

  • Summary Judgment (2023): Obtained summary judgment for the employer in a national-origin discrimination and retaliation action filed by a current nurse-employee, who claimed that she was not promoted as a result of her national origin and/or because she had filed multiple grievances with her union and complaints with Human Resources regarding the lack of promotion and other development opportunities.

  • Summary Judgment (2023): Obtained summary judgment on behalf of state entity in an age and national-origin discrimination action.

  • Writs of Mandamus (2023): Defeated two Writ of Mandamus claims and the subsequent, related Motions for New Trial, upholding the employer’s internal administrative appeal process and decisions.

  • Dismissal for Waiver of Costs (2022): Obtained dismissal for a waiver of costs on behalf of a university in an action filed by a student alleging that she was discriminated against and denied disability accommodations and equal access to services/facilities under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Unruh Civil Rights Act, and Government Code section 11135.

  • Terminating Sanctions (2022): Obtained terminating sanctions for the employer in an employment discrimination, retaliation, and harassment action after the Plaintiff failed to respond to discovery.

  • Summary Judgment (2021): Obtained summary judgment on behalf of employer and individual defendants in action filed by former professor/physician alleging claims pursuant to Health and Safety Code section 1278.5, 42 USC section 1983 (First Amendment free speech) and Labor Code section 1102.5.

  • Summary Judgment (2021): Obtained summary judgment for the premises owner (oil refinery) after the employee of a contractor fell off a forklift and thereafter asserted claims of premises liability and negligence. The injuries ended the employee’s career due to multiple surgeries.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2020): Obtained summary judgment on behalf of an international industrial, defense, and consumer goods manufacturer in an action filed by an employee who was terminated the day she returned from medical leave. She alleged claims of Fair Employment and Housing Act discrimination, retaliation, failure to accommodate/to engage in the interactive process, and violation of the Family Rights Act.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2020): Obtained summary judgment for international integrated energy company in an age-discrimination and retaliation action filed by a former management-level employee who was terminated after 21 years of employment.

  • Summary Judgment (2019): Obtained summary judgment for the employer in an employment action with thirteen causes of action against five defendants. The plaintiff, a terminated medical resident, demanded $100 million in damages after she was terminated from the OBGYN Surgery Residency Program, therefore preventing her from ever becoming board certified in OBGYN. Among other things, the employee alleged that she was subjected to racial comments, was physically assaulted, was discriminated against, and was not permitted lactation breaks.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2019): Obtained summary judgment for the employer in a wage and hour action filed by a former employee who alleged various Labor Code violations.

  • Summary Judgment (2019): Obtained summary judgment for employer, an integrated energy company, in an action filed by a former engineer, who alleged eleven causes of action, including gender and disability harassment based on offensive workplace comments, disability discrimination, failure to accommodate, retaliation for complaining about alleged fraud, breach of contract, and interference with California Family Medical Leave rights.

  • Dismissal for Waiver of Costs (2018): Obtained dismissal for a waiver of costs in a sexual harassment and discrimination action filed by a physician who had consensual sexual relationships with two of her supervisors.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2018): Obtained summary judgment for car-manufacturer employer in a sexual harassment action filed by a manufacturing employee who alleged that her employer subjected her to constant lewd comments and physical touching.

  • Trial/Directed Verdict (2018): Directed verdict in breach of contract action.

  • Defeated Class Certification, Also Handled the Entire Appeal Affirming Denial of Class Cert. (2016): Defeated class certification in a state-wide wage and hour class action, encompassing thousands of employees who alleged that they were not paid for travel time, off-site work hours, on-call time, or reimbursed for their cell phone expenses.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2016): Obtained summary judgment for car-manufacturer employer in an action filed by a former female manager who alleged that she was repeatedly harassed and discriminated against in the male-dominated industry. She alleged numerous race and gender-based claims.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2016): Obtained summary judgment for hospital/Fellowship Program after a former Gastroenterology & Hepatology Fellow filed suit alleging sexual orientation discrimination/harassment, national origin discrimination, and retaliation claims, among other causes of action, following his termination from the Fellowship Program which effectively ended his career in that medical specialty.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2015): Obtained summary judgment for employer-client, a national research laboratory, in a disability discrimination action filed by a former Senior Advisor, who also alleged that he was retaliated against for taking medical leave.

  • Summary Judgment in Wage/Hour Action (2015): Obtained summary judgment for a multinational energy company in a wage and hour class action alleging violations of Labor Code section 203 regarding wage statements.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2013): Obtained summary judgment for the premises owner after the employee of a contractor fell off a ladder at the premises owner’s Chengdu, China warehouse. The injuries ended the Plaintiff’s career.

  • Trial (2013): Defense verdict in a wage-and-hour action filed by an independent contractor who alleged that the was actually an employee and therefore entitled to overtime compensation, meal periods, rest breaks, and other employment-related compensation and penalties.

  • Summary Judgment (Wyoming), Also Handled the Entire Appeal Affirming Summary Judgment (Federal District of Wyoming, 2013): Obtained summary judgment on behalf of a coal mine owner, after a terminated Haul Truck Driver claimed that she was terminated and harassed based on her gender, in the male-dominated coal mining industry. Plaintiff, a union employee, also alleged claims for breach of contract and for negligent hiring/supervision.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2013): Obtained summary judgment for the employer, in a discrimination, harassment, and retaliation action filed by one of its Health, Safety, and Environment Auditors.

  • Summary Judgment, Also Handled the Entire Appeal Affirming Summary Judgment (2012): Obtained summary judgment for employer in an action filed by a former employee who was terminated after finding a noose and other offensive race-based drawings on the employer’s premises. The former employee alleged Title VII claims for race discrimination, race harassment, and retaliation, among others.

  • Trial/Nonsuit (2010): Obtained a nonsuit and attorneys’ fees following a breach of contract, fraud, and breach of the covenant of good faith/fair dealing, on behalf of a national retailer in a commercial contract and fraud action filed by an armored truck company.

  • Trial (2009): Defense verdict in a commercial contract action filed by an ATM Company against national-retailer client, alleging fraud, breach of contract, and breach of the covenant of good faith/fair dealing.

  • Trial (2008): Defense verdict following a three-month trial in an action filed by a 25+-year former employee who worked in an oil field for an oil/gas company client in Kazakhstan. He alleged claims for retaliation, slander, invasion of privacy, and wrongful termination.

  • Trial (2007): Unanimous defense verdict in a race discrimination and harassment action filed by a former terminated employee who alleged that he was subjected to daily offensive racial comments by his supervisor. Also obtained an attorneys’ fees award on behalf of the employer-client.

  • Summary Judgment+$7MM Damages (2006): Obtained summary judgment (as a plaintiff), and $7,000,000 in damages via summary judgment, on behalf of an international manufacturer of flavors and fragrances, in a commercial action alleging fraud, breach of contract, and breach of fiduciary duty filed against one of its suppliers.