Eric J. Amdursky

Amdursky, the managing partner of O’Melveny’s office in the heart of Silicon Valley, regularly handles claims of trade secret misappropriation, breach of non-competition and non-solicitation employment covenants, breach of fiduciary duty, sexual harassment, discrimination and retaliation plus executive compensation disputes and disputes arising out of mergers, acquisitions and venture capital partnership agreements.

He approaches clients “as a businessman as well as a lawyer,” he said.

Clients include Starz Entertainment LLC, Broadcom Inc. — formerly Avago Technologies Ltd., TuneCore Inc., Zynga Inc., Agendia Inc. and Coldwell Banker Residential Brokerage Co.

A recent Broadcom case required Amdursky to delve deeply into the interplay of four countries’ laws. As a result, he prevailed for his client on summary judgment against claims seeking $70 million in damages for an unfair dismissal allegation by Kong Beng Saw, the former general manager for San Jose-based Avago Technologies’ Malaysia unit.

“When Avago went public in 2009 it let go some Asian executive, and the plaintiff was one of them,” Amdursky said. “He challenged his termination under Malaysian law. But the shareholders’ agreement he signed was governed by Singapore law, and it required all disputes be resolved in San Mateo County.” But Saw succeeded before the Malaysian High Court on his claim and sought to recoup the equity that his employer’s parent, Avago, required him to sell upon his 2009 termination. He asserted that the finding of wrongful discharge under Malaysian law rendered this termination void.

“The stock options he was required to sell went from being worth less than $1 million at the time of sale to more than $70 million now,” Amdursky said, raising the lawsuit’s stakes considerably. Things were further complicated by Malaysian law’s failure to recognize at-will employment.

Amdursky’s defense included the successful contention that an unfair dismissal under Malaysian law did not void Saw’s termination and, in any case, Singapore law governed the issue. “Singapore, a former British colony, relies on the U.K.’s deeper body of law. We also found that the 9th Circuit’s Oracle [v. Falotti, 319 F.3d 1106 (2003)] decision considers a similar international stock option dispute.”

Relying on those persuasive cases, Amdursky convinced San Mateo County Superior Court Judge Susan L. Greenberg that Avago had the right to repurchase the plaintiff’s equity upon a termination of employment for any reason. Saw v. Avago Technologies Ltd., CIV533681 (San Mateo Super. Ct., filed May 6, 2015). Trial was set for August, but the judge granted Amdursky’s summary judgment motion in January.

“Never a dull moment,” Amdursky said.

— John Roemer