Abigail W. Clark

Abigail W. Clark Associate

An associate in Liebert Cassidy Whitmore's San Francisco Office, Abigail (Abby) Clark provides representation and counsel to public agencies, including cities, counties, school districts, fire districts, and special districts, as well as private educational institutions, in labor, employment, education and business and facilities matters.

Abby is an experienced practitioner who has participated in investigations, mediations and arbitrations on a variety of issues, including allegations of discrimination, harassment, bullying and failure to accommodate, as well as contract and labor disputes. She also has experience working with clients to draft and negotiate numerous agreements, such as employment contracts, vendor contracts, enrollment agreements, lease agreements and settlement agreements. She has conducted witness interviews and document reviews, helped clients prepare for depositions and trial, drafted motions, legal opinions, and research memoranda and has appeared several times in court. She has also successfully obtained several workplace violence restraining orders on behalf of clients.

In addition, Abby frequently responds to requests from clients for advice and guidance on all aspects of employment law, including California wage and hour law, sick leave law, the Uniformed Services Employment and Reemployment Rights Act of 1994, employee discipline and conflict of interest matters.

Prior to joining Liebert Cassidy Whitmore, Abby worked for an international law firm where she represented clients in litigation matters, bankruptcy cases, cross-border insolvency matters, and out-of-court restructurings. During law school, Abby was a member of The Public Contract Law Journal and participated in the Immigration Law Clinic representing undocumented noncitizens in affirmative asylum cases, removal proceedings and other matters. Before beginning law school, Abby worked for several non-profits in Washington, D.C., where she drafted grant proposals, conducted legal research, and participated in advocacy efforts. She also served as a Deputy Legislative Assistant to a United States Senator.

Abby received her BA, cum laude, from Dartmouth College and her JD, cum laude, from The George Washington University Law School. She is admitted to the California State Bar and the New York State Bar.  

May 4, 2017 Business & Facilities

General Contractor Entitled To Partial Indemnification From Subcontractor Despite Its Own Active Negligence

An employee of a plastering subcontractor suffered injuries when he attempted to erect scaffolding and he fell through an opening in a roof for the installation of a skylight that had been left covered in plywood by a General Contractor’s employee.  The plastering subcontractor’s (PS) employee sued the General Contractor (GC) for negligently cutting the skylight hole and leaving the hole inadequately covered.  The GC cross-claimed against an intermediate sub-contractor responsible for the interior design, which had hired PS as its subcontractor.  The GC sought full indemnification for damages resulting from the PS employee’s injury pursuant to the GC’s contract with interior design subcontractor (IDS).  That contract required IDS to (i) indemnify the GC for the acts or omissions arising out of the work of IDS or its subcontractors; and (ii) obtain the same signed indemnity from any of IDS’ subcontractors prior to any such subcontractor’s commencement of work.  PS had not executed the indemnity agreement at the time of its employee’s injury.  The indemnification provision applicable to IDS and any of its subcontractors provided that the indemnification provision would apply “except to the extent claims arise out of, pertain to, or relate to the active negligence or willful misconduct of the contractor parties…, or to the extent such obligation is inconsistent with the provisions of California Civil Code 2782.05.” 

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