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Public Education: Litigation
Our expertise in litigation in representing educational institutions is unmatched. Our attorneys have experience in all aspects of civil litigation in federal and state court, administrative hearings and arbitrations. Our defense efforts are designed to meet each client’s particular needs, goals, and budget. We have developed significant expertise defending public entities in actions brought by employees, former employees, applicants or other individuals alleging employment related claims such as violation of the California Fair Employment and Housing Act; Federal Civil Rights Acts; Age Discrimination in Employment Act; Fair Labor Standards Act; Educational Employment Relations Act; Family and Medical Care Leave Acts; and state and/or federal constitutional rights. We are also experts in the defense of actions brought by students alleging violations such as harassment and discrimination.
Expertise
At any given time, the firm defends dozens of discrimination lawsuits, many involving claims of discrimination under FEHA and whistleblower retaliation under both state and federal law. We understand all of the facets of representing educational institutions throughout the litigation process, including representing board members, high-level managers and co-workers, and appearing before governing bodies. We evaluate the lawsuit at every stage from both a cost and liability perspective so that our clients are continually informed of developments which may impact the litigation strategy and ultimate disposition of the lawsuit. We understand the importance of positioning a case from the outset for summary judgment, and we work with our clients throughout the process to realize the best possible outcome based on their goals.
We work proactively with clients to evaluate litigation goals and position the case for the best possible resolution at the optimum time. Mediation, and other forms of Alternative Dispute Resolution, is a litigation tool that we discuss and utilize when warranted. We regularly participate in mediations with employment law mediators throughout California and are skilled in selecting the appropriate mediator for the case, preparing for mediation, and negotiating the settlement.
Our firm is committed to professional litigation management so that all cases are handled efficiently and proactively. To that end we employ a Litigation Manager, who works closely with the litigation team on compliance with ligation guidelines, budgeting and defense strategy. This is a value-added component for which our clients are not billed.
In addition to obtaining defense wins and favorable results for organizations and officials in lawsuits involving alleged violation of free speech rights, we regularly advise clients on policies affecting constitutional and statutory free expression rights, and frequently publish in this area, both in legal and education journals.
LCW has established a successful record of representing our clients in a wide spectrum of administrative hearings, including proceedings before arbitrators and hearing officers, fact finding and arbitration panels, personnel advisory boards, civil service commissions, retirement boards, the Public Employment Relations Board (PERB), state labor commissions, the California Unemployment Insurance Appeals Board (CUIAB), the Equal Employment Opportunity Commission (EEOC) and the Fair Employment and Housing Commission (FEHC).
Our deep knowledge of wage and hour law enables LCW to remain on the cutting edge of wage and hour litigation to obtain successful outcomes in complex matters. LCW has litigated over 250 wage and hour cases in state and federal courts, including dozens of class and collective actions. We have successfully litigated cases involving the regular rate of pay, overtime exemptions, off-the-clock work/unauthorized overtime, standby and waiting time, meal breaks and “donning and doffing.” We have also represented numerous clients in wage and hour matters which were resolved through practical and innovative solutions before litigation was initiated.