Tamara Lange , FCIArb

• Antitrust, breach of contract, dissolution of partnership or joint venture, accounting, franchise, securities fraud, software performance, and crypto-blockchain-related disputes
• Unfair competition, false advertising, Lanham Act, and California Business and Professions Code §§ 17200 & 17500 claims
• Financial services industry matters, including between financial institutions
• Complex commercial, business and public law litigation, including inter-governmental controversies, public policy disputes, and challenges to federal, state and local regulations
• Consumer disputes including cyberpiracy under Anti-cybersquatting Consumer Protection Act (ACPA), Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA)
• Food litigation, including disputes over product labeling, consumer fraud, FDA and state and local regulations, and preemption defenses (as counsel)

Disability

• Individual and class-action disability access discrimination cases under Title III of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and California laws, including claims seeking equal access to stadium, hospitals, doctors, dentists, movie theaters, websites, apps, hotels, restaurants, stores, salons, housing and other programs and places of public accommodation
• Title II disability access cases against public entities, including regional transit agency systems for securing mobility devices and state court for access to Communication Access RealTime Translation (CART) services
• Cases involving service animals, including in restaurants, stores, hospitals and lodging
• Disputes over whether modification of existing facilities was readily achievable
• Disputes over reasonableness of requested accommodations
• Interpreter services for deaf and hard-of-hearing participants at large, multi-day festival
• Housing and employment discrimination claims based on disability (as counsel)

Equal Protection/Due Process/Privacy

• Disputes over privacy breaches
• Challenge to removal of children from parental custody as violation of constitutional rights to familial association, privacy and due process
• Litigation involving domestic partnership, marriage and other family relationship protections for same-sex couples and their children, including California Marriage Cases and initial challenge to Proposition 8 (as counsel)
• Counsel of record on successful petition for certiorari in companion case to Lawrence v. Texas involving discriminatory “Romeo and Juliet” law (as counsel)

First Amendment Speech and Religion Clauses

• Defamation claims and associated defenses
• First Amendment and Religious Land Use and Institutionalized Persons Act (RLUIPA) challenge to application of zoning regulations that discriminated between religious and non-religious assemblies in downtown area
• Action by religious club and high school students against school district under Equal Access Act, First Amendment Speech Clause (viewpoint discrimination and right to expressive association), Free Exercise Clause (including targeting religious beliefs and denominational discrimination) and Equal Protection Clause
• Disability, unfair competition and religious freedom challenge to COVID-19 mask requirement at grocery store

Fair Housing Act

• Challenge under FHA to alleged disability discrimination, exposure to secondhand smoke and breach of rental agreement
• Claims under FHA for discrimination based on HIV status, disability and religion (as counsel)

Police Practices and Detention Conditions

• Excessive force cases involving injury or death, including disputes over use of batons, tasers, handcuffs, guns and/or restraint positions (e.g., claims of positional asphyxiation)
• Claims regarding police response to mentally ill and/or drug-involved claimants or decedents
• Fourth Amendment search and seizure claims
• Monell policy and practice claims
• Harassment and discrimination claims by unhoused/homeless resident against police
• Eighth Amendment and other claims concerning detention conditions, solitary confinement and medical care (as neutral and as counsel)

• Representative, collective and class action wage and hour claims under California’s Private Attorneys General Act (PAGA) and/or Fair Labor Standards Act (FLSA), including regarding hourly rates, overtime pay, rest and lunch breaks, and working off the clock
• Class action involving patient discharge procedures and allegations of “patient dumping” at skilled nursing facilities
• Class action by blind and low-vision plaintiffs and nonprofit organization regarding access to assistive listening devices in movie theaters
• Claims of misclassification of employees as independent contractors
• Class action regarding classification of taxicab drivers as independent contractors (as counsel)
• Public entity § 17500 action challenging false advertising of allegedly dangerous pharmaceutical (as counsel)

• Claims for violation of Individuals with Disabilities in Education Act (IDEA), including administrative appeals, attorneys’ fees disputes and claims for compensatory education
• Student rights cases under Equal Access Act and First Amendment, including heckler’s veto issues (as counsel and as neutral)

• Claims of discrimination, harassment, hostile work environment, failure to promote, demotion, wage and hour violations, and/or wrongful termination allegedly based on age, race, gender, national origin, sexual orientation, gender identity and/or disability under federal laws and state laws, including Title VII, Age Discrimination in Employment Act, Pregnancy Discrimination Act, Fair Pay Act and California’s Fair Employment and Housing Act (FEHA)
• Failure to provide reasonable accommodations and/or engage in interactive process with employee under ADA and state disability laws
• Whistleblower cases under California Labor Code § 1102.5 and federal laws
• Compensation disputes, including commission-based and wrongful termination claims under Massachusetts Wage Act
• Claims by labor union against private organization for unfair business practices and interference with collective bargaining agreement and prospective economic advantage of union members
• Claim against employer for delaying access to medical care by allegedly pressuring employee to continue working and for termination allegedly based on resulting disability
• Scope of preemption under the Labor Management Relations Act (LMRA)
• Age and gender discrimination claims for making occasional employee ineligible to serve as deckhand following report of safety concerns
• Employment dispute resolution coordinator for U.S. District Court (including responsibility for investigation and preparation of findings of fact and conclusions of law)
• Employment discrimination, harassment, wrongful termination and whistleblower cases (as counsel)
• Employment dispute resolution coordinator for federal court, responsible for informal dispute resolution, formal investigations, and preparing findings of fact and conclusions of law (as court ADR Director)

• Multi-party, coordinated cases involving California Environmental Quality Act (CEQA), National Environmental Protection Act (NEPA), Endangered Species Act (ESA), Federal Emergency Management Agency (FEMA) funding and other claims arising from disputes over regional fire mitigation strategies, environmental impact report legitimacy and funding
• Administrative Procedure Act (APA) action to void FEMA pre-disaster mitigation funding
  APA and Magnuson-Stevens Act challenge to National Marine Fisheries Service (NMFS) determinations limiting total catch and setting cap on market share
• Inter-agency litigation under APA challenging planned action as violation of Coastal Zone Management Act (CZMA) and Clean Water Act (CWA)
• ESA litigation regarding development of vineyard, critical habitat and conservation plan
• Point source discharge litigation under CWA and National Pollutant Discharge Elimination System (NPDES) permit program
• Public nuisance action by counties and cities against manufacturers of lead paint (as counsel)

• Short- and long-term disability insurance coverage disputes (STD and LTD)
• Disputes over coverage by ERISA health for inpatient substance abuse treatment and for care disputed as experimental\
• Disputes over mandatory contributions to disability, health and pension plans
• Employer withdrawal liability disputes
• Claims of breach of fiduciary duty
• Claim for accidental death benefits and associated defense of exclusion for intoxication
• Class action challenging calculation of benefits (as supervisor of neutral)

• Qui tam cases alleging false claims and/or reverse-false claims made in connection with funding of education, health care, and federal, state and local governmental programs (as neutral and as counsel)
• Whistleblower retaliation under False Claims Act (FCA) and California FCA

• Patient and managed health care provider claims for reimbursement for medical services, including matters regarding “reasonable and customary” rates
• Claims against skilled nursing facilities, including associated issues regarding piercing corporate veil
• Claims by hospitals against public agencies challenging audit findings
• Management of complex federal compliance analysis for health and hospital system (as counsel)
• Litigation regarding HRSA 340B drug pricing program reimbursement rates and associated pharmacy benefit manager (PBM) formulary analysis (as counsel)
• Challenge to disallowance by California Controller of mental health care reimbursements (as counsel)
• Challenge to Medi-Cal refusal to cover inpatient psychiatric hospital care for youth in detention (as counsel)
• Challenge to false advertising of pharmaceutical drug (as counsel)

• Coverage disputes, including in underlying cases with and without Cumis counsel
• Claims of bad faith denial of coverage and/or refusal to defend
• Claims in excess of policy limits and claims between insurers, including excess and reinsurers
• Interpleader actions involving disputes among family members over allocation of benefits from insurance policies
• Claim for fraudulent or negligent failure to bind additional coverage and associated dispute over valuation
• Dispute over coverage where injured party allegedly had not exhausted underinsured motorist policy limits
• Insurer subrogation action to recover for extensive water damage allegedly caused by defective design of faucet
• Complex insurance coverage disputes involving high-value underlying claims and excess coverage, including environmental cleanup costs under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (as counsel)

• Trademark and trade dress litigation, including disputes over infringement, invalidity and false designation of origin across various products and businesses (e.g., wine, construction and design materials, footwear and website/labeling/advertising "look and feel")
• Copyright infringement actions involving source code, photos, textbooks
• Trade secrets cases, including disputes over allegedly stolen code, client lists, business plans and other confidential information and claims brought jointly against former employees and their new employers
• Patent and licensing disputes (as counsel and as supervisor of neutrals)

• Wrongful death action involving claims of gross and simple negligence and infliction of emotional distress during commercial recreational activity in shallow water
• Jones Act, damaged cargo and other federal maritime matters (as supervisor of neutrals)

• Fishing rights dispute between Native American tribes and individuals, and associated issues concerning tribal membership, sovereignty and impact of Congressional action on tribal rights

• Wrongful death and catastrophic personal injury claims, including § 1983, maritime, and premises liability
• Elder abuse litigation in various contexts, including claims of mortgage fraud by professionals and banks, claims against family members, and allegations of murder
• Claims of various forms of abuse by psychologist, religious leaders and employers
• Spinal fracture following mobility device tip-over fall on damaged surface of ramp to restaurant
• Claims of failure to maintain business premises in safe condition; e.g., slip-and-fall cases, including matters focused on policies for routine safety checks in store aisles

• Residential mortgage/foreclosure cases, including requests for loan modification, disputes regarding primary residence, claims of elder abuse, etc.
• High-value long-term commercial leases, deed transfers and franchise agreements
• Dispute between siblings over private loan secured by residential property
• Action for specific performance of residential purchase agreement
• Landlord/tenant eviction, habitability, Section 8 and other disputes