Heather Whitmore

Heather joined Berger Kahn after graduating from Loyola Law School in 1998. She provided coverage analysis for commercial lines and personal policy insurers. She also represented insurers in coverage and “bad faith” lawsuits, and successfully resolved many cases by summary judgment for her clients. Early in her career, a second-year lawyer, she was co-counsel in the Barratt American, Inc. v. Transcontinental Ins. Co., 102 Cal.App.4th 848 (2002) trial, where the Court of Appeal clarified the scope of recoverable defense costs under California law.

Heather later joined Palmieri Tyler’s business litigation department. At Palmieri Tyler, Heather represented clients in a variety of business and insurance disputes. Heather’s clients ranged from large corporations to small, family-owned businesses, where she successfully resolved their business litigation disputes spanning a wide range of subject (contracts, bankruptcy, employment, and trusts). She successfully arbitrated and tried cases in both federal and state courts.

When Heather rejoined Berger Kahn in 2010, she participated in the Yorba Linda Water District wildfire subrogation case and helped her insurance carrier client obtain one of California’s 10 largest judgments in 2012.

With over 20 years of practice, Heather continues to focus on insurance coverage and litigation.

In her free time, Heather enjoys walking her two small rescue dogs, reading and watching her sons play volleyball and water polo on their national teams.

Loyola Law School (JD 1998)
• Dean’s List
University of California, Irvine (Economics, Psychology and Business Minor)

Admitted to Practice

Recent Media Coverage
Attorneys and Staff Attend OCBA’s ADR, Construction Law, & Insurance Law Joint Section Meeting
Orange County Bar Association – June 26, 2019

Berger Kahn Prevails On Recent NLRB Charge
Berger Kahn – March 22, 2019

Berger Kahn Promotes Heather Whitmore to Partner
Berger Kahn – September 7, 2018

Berger Kahn Attorneys Publish Article in O.C. Lawyer on Recent Trend in Employment Litigation Trial Practice and the Business Judgment Rule
O.C. Lawyer – October 1, 2014

Law 360 Features Expert Analysis of Berger Kahn Attorneys Erin Mindoro and Heather Whitmore in “Mixed Emotions on the Mixed Motive Defense”
Law360 – May 18, 2014

Representative Matters
Berger Kahn Prevails On Recent NLRB Charge
Berger Kahn Partners Erin Ezra and Heather Whitmore and Associate Andrew Wyatt recently obtained a dismissal in favor of their client, an employer, on a Charge for violation of the National Labor Relations Act (NLRA). The National Labor Relations Board dismissed the case on the grounds that the former employee’s conduct was unprotected and not concerted activity within the meaning of the NLRA.

Community Involvement
Berger Kahn Participates in OCBF Project Youth’s OC Marathon Fundraiser
Berger Kahn is once again fundraising for the Orange County Bar Foundation Project Youth OC Marathon event. Typically, Berger Kahn team members, along with family and friends, run the OC marathon, half marathon, or 5k in order to garner funds for the Project Youth program. This year’s event will be held virtually. Associates Andrew Wyatt, Mallory Yumol, Jamie Rice, Michael Procopio, Walker Macon, Jay Shaaban, and Nandita Nayyar will be participating in this year’s event. Law clerks Brennan Lund, Victoria Yim, and Daniel Lim will be participating along with Paralegal Hannah Hong. Partners Erin Ezra and Heather Whitmore, as well as Shareholder David Ezra, will also be running for Project Youth. Project Youth OCBF is a non-profit organization committed to promoting the health, safety, and education of Orange County youth. Many families have been hit particularly hard by COVID-19, some of which are struggling just to get food on the table. Along with Project Youth’s original mission to provide juvenile diversion, health education, and higher education mentorship, OCBF is also providing food care packages, gift cards, wellness checks, emotional support, and COVID-19 resources/ education to students and their families at this time.

Berger Kahn Volunteers at Second Harvest Food Bank
On August 17, 2019, Berger Kahn volunteered at the Second Harvest Food Bank of Orange County. About 300,000 people go hungry every year in Orange County. Thanks to Second Harvest Food Bank, 250,000 are provided with the nutrition they need — with recipients ranging from young children to senior citizens. Berger Kahn team members volunteered in the grocery rescue unit, sorting and checking the quality of deli, meat, dairy and produce items to distribute. Shareholder David Ezra, Partners Erin Ezra and Heather Whitmore and their families, Associate Andrew Wyatt, and Legal Assistant Jacqueline Lee were in attendance. Berger Kahn is thankful for the fun and rewarding opportunity Second Harvest Food Bank provided, and hopes to contribute again in the future!