About Us

James F. Clapp

Attorney

Office Address

Clapp Legal APC

701 Palomar Airport Road, #300

Carlsbad, CA 92011

telephone: (760) 209-6565 x101

email: jclapp@whogothacked.com

Recognized as one of the leading employee and consumer rights attorneys in California, Jim earned his J.D. degree in 1989 from Northwestern University School of Law. He received his B.A. degree, with distinction, from the University of Virginia, where he was an Echols Scholar and a National Merit Scholar.

Over his 30-year career, Jim has built an impressive record of success in complex employment and consumer class action cases. He has served as lead class counsel in more than 80 certified class action lawsuits, several of which have resulted in published opinions, and has tried multiple class action cases to judgment. Jim has spoken frequently on a wide variety of topics involving employment and consumer law and has testified before the California State Assembly on the legality of certain employment compensation practices.

Jim has earned an AV-Preeminent® rating, the highest rating offered by Martindale-Hubbell, the country’s leading attorney rating service. He has also been named as a California “Super Lawyer” since 2008, which is an honor reserved for the top 5% of attorneys in California. In 2017, Jim received a California Lawyer of the Year award for his role as lead counsel in Kilby v. CVS Pharmacy, which resulted in a landmark California Supreme Court decision. Jim just completed a three-year term as a commissioner on the California State Bar’s Commission on Judicial Nominees Evaluation (“JNE Commission”), which is tasked with evaluating candidates who are being considered for judicial appointment.

Jim has obtained verdicts and settlements on behalf of his clients totaling over $500 million. (Of course, results depend on the facts of each case, and we cannot guarantee any particular result.) Some of those results include:

$106 million – In re Citigroup
$50 million – Steinberg v. Morgan Stanley
$45 million – Garett v. Morgan Stanley
$44 million – Bowman v. UBS
$37 million – Burns v. Merrill Lynch
$21 million – Thill v. Edward Jones
$20 million – Takacs v. A.G. Edwards
$19 million – Kilby v. CVS
$18 million – Hall v. Rite Aid
$15 million – Garrett v. Bank of America
$15 million – Smiles v. Walgreen Co.

Edward J. Wynne

Attorney

Office Address

The Wynne Law Firm

80 E. Sir Francis Drake Blvd., Ste. 3G
Larkspur, CA 94939

telephone: 415.461.6400

email: ewynne@whogothacked.com

Edward J. Wynne graduated from the University of California at Berkeley in 1989 with Honors and the University of Santa Clara Law School in 1992.

Since 1994 his California Bay Area practice has been devoted to complex class action litigation, much of it prosecuting wage and hour laws in both state and federal courts.

Mr. Wynne has litigated class actions and individual actions under the following exemptions: executive, administrative, outside sales, commissioned sales, and for drivers.

Representing employees in the retail, foodservice and financial services industries — including banking, brokerage services, loan brokerage, and accounting — he has litigated over 50 wage and hour class actions in both state and federal court on issues such as:

Meal and rest breaks
Vacation pay
Final payments at time of termination
Off-the-clock compensation
Minimum wage violations
Failure to properly calculate premium wage rate
Failure to pay business expenses
Unlawful deductions from pay

Mr. Wynne tried the only known class action to go to trial in California under this state’s outside sales exemption at both the liability and damages phases. That case, Duran et al. v. U.S. Bank, N.A. (Alameda County Superior Court Case 2001-035537), found that certain US Bank’s employees in California were misclassified exempt as opposed to non-exempt, and were owed overtime compensation. In awarding attorney fees to Mr. Wynne in a thoroughly contested motion, the trial court found that:

“Plaintiff’ principal counsel, Edward J. Wynne, is a highly skilled and experience trial attorney, with extensive class action experience and extensive recognized expertise in California’s overtime laws and various exemptions employers use to try and avoid them…. The Court finds that Mr. Wynne is highly regarded among his peers for his skill, experience and tenacity.”

U.S. Bank appealed the judgment and it is currently on appeal before the California Supreme Court.

Mr. Wynne was also one of the counsel in Sav-On v. Superior Court (2004) 34 Cal.4th 319 — a certified class action of over 1,500 California Sav-On store managers seeking earned and unpaid overtime compensation and derivative penalties under the California Labor Code. The California Supreme Court opinion affirmed the trial court’s grant of class certification, which had been previously reversed by the court of appeal in a published decision.

Mr. Wynne has been repeatedly recognized as one of Northern California’s “Super Lawyers” in the area of employment and labor law and has been invited to speak and write specifically on wage and hour issues for:

The Labor and Employment Section of the California State Bar Association’s Annual Meeting
Bridgeport’s Wage & Hour Conferences
Mealy’s Wage and Hour Litigation Teleconference
Local bar association meetings
KALW San Francisco’s radio program “Your Legal Rights”

In addition, Mr. Wynne was elected to serve as a Trustee for the Marin Art & Garden Center in Ross, California. He has also donated his time and expertise by serving on various local community and school committees on such projects as school bonds, finance, traffic, and fund raising.

On July 15, 2014, Edward J. Wynne was honored as a top Labor and Employment Lawyer by the Daily Journal for his work in the Duran v. US Bank case. Click the link below to read the article.

Edward J. Wynne Daily Journal Article

Jamie N. Herrick

Attorney

Office Address

Clapp Legal APC

701 Palomar Airport Road, #300

Carlsbad, CA 92011

telephone: (760) 209-6565 x103

email: jherrick@whogothacked.com

Jamie Herrick earned her J.D. degree from the University of San Diego School of Law and was admitted to the California bar in November 2024. While at USD, Jamie was a Summer Associate at Clapp & Lauinger LLP and co-authored an article published in Advocate Magazine entitled “The Fate of PAGA Claims After Viking River Cruises.” She was also a member of USD’s Negotiation Team and competed in the 2022 National Law School Negotiation Competition.

Jamie spent a year clerking and then practicing law at a San Diego family law firm before returning to Clapp & Lauinger LLP. She now devotes her practice to protecting the rights of workers and consumers in employment, data breach, and consumer privacy cases.