Mr. Onstott is a principal attorney in the firm's Sacramento office who practices labor and employment law and general business litigation. His areas of emphasis include labor and employment litigation for management, including defending against race, sex, and disability discrimination and harassment claims, as well as wage and hour violations. He has litigated numerous commercial cases, including cases involving misappropriation of trade secrets, product liability, insurance bad faith, and breach of contract claims.

Prior to joining KMTG, Mr. Onstott worked in the Sacramento office of a statewide labor and employment law firm representing California employers. His previous work experience also includes working in the litigation department of O'Melveny & Myers where he gained experience in business and employment litigation. Mr. Onstott also completed a clerkship on the United States Court of Appeals, Third Circuit.

Prior to pursuing a legal career, Mr. Onstott lived in Argentina for two years. He is fluent in Spanish.

Practice Examples

The following are a few examples of the legal work Mr. Onstott has performed on behalf of his clients:

• With David Tyra, represented Governor Arnold Schwarzenegger, the Department of Personnel Administration, the California Board of Unemployment Insurance Appeals, and the Employment Development Department in writ of mandate action. Received total defense judgment on behalf of all respondents.
• Successfully opposed an application for temporary restraining order and preliminary injunction in a “bet-the-company” action alleging misappropriation of trade secrets.
• Part of successful trial team that litigated a five-week trial on behalf of a Sacramento business who alleged misappropriation of trade secrets, breach of joint venture agreement, and interference with contract against two national corporations.
• Obtained summary judgment against an employee alleging disability discrimination, wrongful termination and constructive discharge against an employer.
• Obtained injunctions against former employees threatening violence in the workplace.
• Successfully opposed a motion by former employees to stay (on Fifth Amendment grounds) a conversion case brought against them by their former employer.
• Represented California employers on how to protect trade secrets and on compliance with California wage-and-hour laws, including meal and rest breaks, expense reimbursement, leaves of absence and other California employment laws.
• Successfully mediated numerous employment and business disputes, including employment discrimination claims and wage-and-hour class actions.
• Participated in drafting both amicus and writ of certiorari petition briefs before the United States Supreme Court. Mr. Onstott was part of a team in amicus briefing for Defenders of Wildlife v. EPA, which was heard by the Supreme Court in April 2007. The amicus position was adopted by the Supreme Court.
• Conducted numerous Spanish language witness interviews and investigations.

Professional Activities & Affiliations

• Member, California State Bar Association
• Member, Federal Bar Association, Sacramento Chapter
• Member, Sacramento County Bar Association
• Board Member, Sacramento Chapter of the J. Reuben Clark Law Society
• Author, “Judicial Notice and the Law’s Scientific Search for Truth,” Akron Law Review, 2007

Admitted to Practice

• All California State Courts
• United States District Courts, Southern, Northern, Central and Eastern Districts of California
• United States Court of Appeals, Ninth Circuit
• United States Court of Appeals, Third Circuit
• United States Supreme Court

Academic Background

B.A. Brigham Young University, 1999

• Graduated magna cum laude
• Chief Online Editor, NewsNet@BYU.edu
• Received Editor & Publisher EPPY Award as nation's best online college newspaper

J.D. University of Texas, 2002

• Graduated with High Honors
• Member, Order of the Coif
• Notes Editor, Texas Law Review
• Recipient, Dean's Award in Evidence
• Law Clerk, Judge Walter K. Stapleton, United States Court of Appeals, Third Circuit, 2002-2003