Representative Matters

Business Commercial
• • Breach of contract disputes
  • Dissolution of partnerships and joint ventures
  • Accounting and fraud claims
  • Disputes arising from franchise agreements
  • Financial services industry matters, including claims between financial institutions
  • False advertising/Lanham Act claims and associated antitrust issues arising between close competitors in major industry, each with annual earnings measured in billions of dollars
  • Infringement, false designation, breach of franchise agreement and fraud claims
  • Cyberpiracy under Anticybersquatting Consumer Protection Act (ACPA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Fair Credit Reporting Act (FCRA)
  • Complex commercial, business and public law litigation, including government controversies, public policy disputes, and challenges involving federal, state and local regulations (as neutral and as counsel)
  • Unfair competition and false advertising claims concerning FDA labeling requirements for food (as counsel)
  • Unfair competition and false advertising claims, especially California B&P §§ 17200 and 17500 and Lanham Act (as counsel and as neutral)
  • Food litigation, including disputes over product labeling, consumer fraud, FDA and state and local regulations, and preemption defenses (as counsel)
Civil Rights
• Disability

  • Disability access discrimination cases under Title III of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and California disability laws, including claims seeking equal access to hospitals, doctors, dentists, movie theaters, websites, apps, hotels, restaurants, stores, salons, housing and other public accommodations
  • Title II disability access cases against public entities, including regional transit agency systems for securing mobility devices and access to Communication Access RealTime Translation (CART) services in state court
  • Cases involving service animals, including at restaurants, stores and hospitals
  • 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

  • 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)
  • Collaborated on school “push-out” and educational equity initiative (as counsel)
  • Facilitated coalition-building meetings for racial justice, education and LGBTQ+ rights advocates (as counsel)

  First Amendment Speech and Religion Clauses

  • 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 high school students and religious club 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)

  Immigration

  • Challenges to denial of passport renewal and revocation of passport, and claim for declaration of citizenship
  • Investigation as Flores class counsel for all children in immigration detention of compliance with consent decree and constitutional rights in family detention centers and border patrol facilities (as counsel)
  • Supervised analysis of first local government initiative limiting use of immigration holds in county jail (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 counsel)
Class Action & Mass Tort
• • 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 misclassification of taxicab drivers as independent contractors (as counsel)
  • Public entity § 17500 action challenging false advertising of allegedly dangerous pharmaceutical (as counsel)
Education Law
• • 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)
Employment Law
• • 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
  • 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)
Environmental Law
• • 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)
Family Law
• • Dissolution/divorce disputes, including child custody and property division
  • Family disputes over proceeds from life insurance
  • Litigation between parent and adult child over preservation of assets gifted to child
  • Constitutional and family law disputes regarding child custody restrictions and fitness determinations based on sexual orientation or gender identity of a parent (as counsel)
Health Care
• • 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 between defendant entities
  • Claims by hospitals against public agencies challenging audit findings
  • Claim against employer for delaying access to medical care by allegedly pressuring employee to continue working and for termination allegedly based on resulting disability
  • 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)
Insurance
• • Claims of bad faith denial of coverage and/or defense of litigation
  • Claims in excess of policy limits
  • 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 value of classic car destroyed in crash caused by underinsured motorist
  • Dispute over coverage where injured party allegedly had not exhausted underinsured motorist policy limits
  • 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)
Intellectual Property
• • 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)
Maritime Admiralty
• • 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)
American Indian Tribal Law
• • Fishing rights dispute between Native American tribes and individuals, and associated issues concerning tribal membership, sovereignty and impact of Congressional action on tribal rights
Personal Injury
• • 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
  • Defamation claims and associated First Amendment defenses
  • 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
  • Unfair debt practice claims, including against counsel seeking payment of educational debt
Product Liability
• • Insurer subrogation action to recover for extensive water damage allegedly caused by defective design of faucet
Real Property
• • 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
ERISA
• • 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)
False Claims Act
• • 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 claim under False Claims Act (FCA) and California FCA