City of Culver City, California
City Council Agenda Item Report
Meeting Date: 07/23/07 Item Number: C-4
AGENDA ITEM: Authorization to Amend Existing Legal and Professional
Services Agreements, Including Approval of Extension of Agreement Terms and
Rate Changes.
Contact Person/Dept.: Carol Schwab or
Heather Iker/City Attorney’s Office
Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing [] Action Item: [] Attachments [X]
Public Notification: Master Notification List (07/18/07); Via e-mail on 0718/07: Caldwell,
Leslie & Proctor, PC; Filarsky & Watt, LLP; Jenkins & Hogin, LLP; Jones & Mayer; Law
Offices of Alvin S. Michaelson; Liebert, Cassidy, Whitmore; Lightfoot, Vandevelde,
Sadowsky, Crouchley, Rutherford & Levine, LLP; Richards, Watson & Gershon; and
Seki, Nishimura and Watase, LLP .
Department Approval: City Attorney Approval:
RECOMMENDATION:
Staff recommends the City Council authorize the City Attorney’s Office to amend
existing legal services agreements with the firms of Caldwell, Leslie & Proctor, PC;
Filarsky & Watt, LLP; Jenkins & Hogin, LLP; Jones & Mayer; Law Offices of Alvin S.
Michaelson; Liebert, Cassidy, Whitmore; Lightfoot, Vandevelde, Sadowsky,
Crouchley, Rutherford & Levine, LLP; Richards, Watson & Gershon; and Seki,
Nishimura and Watase, LLP for use on an as-needed basis, including, but not limited
to, the extension of agreement terms and hourly rate changes.
BACKGROUND AND DISCUSSION:
The Culver City City Attorney’s Office (“Office”) is an in-house operation, providing a
wide variety of legal services. Although the Office handles the majority of legal
issues facing the City, there are certain legal functions which the Office does not
perform on a regular basis, such as representation in complex litigation matters,
including, but not limited to tort, employment, and police cases, as well as other
specialized areas of the law, for which the Office retains outside counsel. As
demonstrated during the past several years, there has been an abundance of issues
that have arisen, requiring consultation with attorneys who have specific expertise in
certain areas, such as First Amendment, employment, environmental and tax law.
As discussed with the Council previously, the combination of the Office’s in-house
Carol Schwab (07/17/07) Carol Schwab (07/17/07)
City Controller Approval:
Marlee Chang (7/17/07)
City Manager Approval:
Jerry B. Fulwood (07/18/07) City of Culver City, California
City Council Agenda Item Report
services, with outside counsel for specific tasks, is a model used by all in-house city
attorney’s offices. This continues to be an efficient and productive system.
Currently, the Office has a need to amend agreements for use on an as-needed
basis with some of these law firms, which have been retained to address various
legal issues that have arisen over the last several months, as well as amend others
to address certain hourly rate changes. Keeping these agreements up-to-date will
assist the Office with continuing to provide consistent, high quality, legal
representation. Such legal services are often needed to quickly respond to
immediate requests. In order to facilitate the handling of these issues, the City
Attorney needs to have flexibility in managing outside counsel through the use of on-
going legal services contracts with these firms that allow the Office to retain legal
counsel as necessary.
The resumes and/or request for rate increase for the above-referenced law firms are
included as Attachment 1.
FISCAL ANALYSIS:
The funding for these services is budgeted in two different budget accounts — the
City Attorney’s budget and the Liability Reserve Fund. The Liability Reserve Fund is
used for defense of cases filed against the City. This fund is supported by cost
allocations to each department. The City Attorney budget (Legal Services line item)
covers expenses for assistance in transactional work, litigation initiated by the City
as a plaintiff, advisory opinions and investigations.
ATTACHMENT:
1. Firm resumes and/or requests for rate increases
MOTIONS:
That the City Council:
1. Authorize amendments to existing legal services agreements to allow for
retention of the following law firms on an as-needed basis: Caldwell,
Leslie & Proctor, PC; Filarsky & Watt, LLP; Jenkins & Hogin, LLP; Law
Offices of Alvin S. Michaelson; Lightfoot, Vandevelde, Sadowsky,
Crouchley, Rutherford & Levine, LLP; Richards, Watson & Gershon; and
Seki, Nishimura and Watase, LLP; and City of Culver City, California
City Council Agenda Item Report
2. Approve the rate increases for the following law firms: Jones & Mayer;
and Liebert, Cassidy, Whitmore; and
3. Authorize the City Attorney to prepare the necessary agreements and
authorize the City Manager to execute the agreements on behalf of the
City.
MEETING DATE: 07/23/07
AGENDA ITEM: Authorization to Amend Existing Legal and Professional
Services Agreements, Including Approval of Extension of
Agreement Terms and Rate Changes.
ATTACHMENTS
Pages
Firm resumes and/or requests for rate increases 1-23Click to search ? Caldwell Leslie ABOUT US ATTORNEYS PRACTICES CAREERS CONTACT
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Diversity
Family
Representative Clients
Overview
Specializing in complex litigation. Caldwell Leslie & Proctor, PC ("Caldwell Leslie") is
dedicated to providing strategic, creative and cost-effective representation in cases
that matter most. Our record of success at trial, on appeal and in alternative dispute
resolution proceedings has attracted a loyal roster of clients , including Fortune 500
corporations, closely held businesses, major studios and networks, cities and
counties, state and local agencies, foreign companies, professionals and community
groups. Even prominent law firms rely on Caldwell Leslie for excellent representation
in high-stakes litigation.
Founded in 1988 as an intelligent alternative to large law firm representation , Caldwell
Leslie offers clients a standard of quality , level of responsiveness and measure of
value that are second to none. The firm is comprised of skilled negotiators and trial
attorneys whose intellect , ingenuity and experience give our clients a competitive
edge. We staff and manage cases efficiently to control costs , and collaborate closely
with our clients to ensure that their goals are achieved. Caldwell Leslie lawyers strive
to assist clients in resolving their disputes favorably as early as possible through
successful tactical motions , creative settlements or alternative dispute resolution
strategies . When necessary , we are well prepared to represent clients at trial and in
appellate proceedings where our vigorous advocacy has resulted in precedential
rulings, landmark verdicts and, most importantly, satisfied clients.
We bring a focused team approach to solving our clients' problems. Our attorneys
represent the diversity of our clients: over sixty percent are women and minorities. Our
lawyers have top-tier experience and academic credentials; most of our lawyers held
prestigious federal judicial clerkships . In our team-oriented approach , we staff cases
with attorneys who understand not only the client's problem, but also the business and
legal context in which that problem arises. In each case , our team is comprised of
attorneys who are experts not only in litigation , but also in the applicable laws. This
means that our time is spent litigating the facts and law presented by each case-and
not educating attorneys about the basics of the law . We believe that a small team of
the right lawyers with the right strategy offers value that cannot be matched by large
law firms.
We also understand that, while the goal in every dispute is an early and favorable
resolution, that goal can be achieved best by attorneys who have the ability and desire
to take cases to trial when necessary . Many of our cases are won on summary
judgment, and we keenly appreciate the importance of clear and effective written
communication . However, our skills involve far more than the creation of first-rate
pleadings . We are also experienced negotiators , practical problem solvers, and
seasoned trial and appellate lawyers, and we combine all of these different skills to
get the best and most cost-effective results for our clients.
Our litigation practice is broad in scope, both in terms of the subject matters of our
cases and the forums in which we appear . In addition to general commercial litigation,
the firm has particular expertise in environmental and land use , entertainment and
intellectual property , professional liability, health care , white collar criminal defense,
and appellate proceedings . We also have extensive experience litigating issues of
constitutional law, civil rights, financial services, insurance and insolvency. Caldwell
Leslie lawyers regularly represent clients in state and federal trial and appellate courts
in California and across the United States, in mediations , and in domestic and
international arbitrations . To each case we commit the superior talent , determination
and results that distinguish Caldwell Leslie, because when the stakes are high,
nothing less will do.
HIGHLIGHTS
2007 0 Caldwell Leslie & Proctor, PC. All rights reserved . DisclaimerSteve Filarsky , Filarsky & Watt LLP
Steve Filarsky is a partner in the law firm of Filarsky & Watt, LLP . The firm
specializes in representing public sector employers statewide in all matters
pertaining to employment relations. He received his Bachelor of Arts degree in
Political Science/Public Administration, graduating Magna cum Laude, from
Loyola University of Los Angeles . He received his Juris Doctor degree from
Loyola University School of Law, graduating with honors. Before becoming an
attorney, he was responsible for the labor relations program of the City of Garden
Grove for 3-1/2 years. Prior to that , he was employed by the City of Manhattan
Beach. His experience includes representing management in labor-related cases
before the California Supreme Court , the California Courts of Appeal, California
Superior Courts , the U.S . District Court, U.S. Ninth Court of Appeals, The
National Labor Relations Board, the Equal Employment Opportunity
Commission, the California Department of Fair Employments and Housing, and
various local government administrative hearing bodies and hearing officers.
2JENKINS & HOGIN, LLP
A LAW PARTNERSHIP
Christi Hogin and Michael Jenkins are experienced municipal law practitioners,
having devoted their careers to representing cities. In 2001, they joined forces to
establish the firm of Jenkins & Hogin, LLP, a South Bay-based law firm
specializing in the practice of municipal law. Soon after formation, Gregg
Kovacevich brought his skills to the team. In 2004, Mark D. Hensley, also an
experienced public law lawyer who shares the commitment to providing excellent
service to public clients, joined Jenkins & Hogin. During 2004, the firm grew to
include three additional accomplished and talented lawyers -- Karl H. Berger,
Bradley E. Wohlenberg and John C. Cotti -- to serve the firm's clients. In 2006,
Lauren B. Feldman joined the team.
Michael Jenkins
Prior to establishing the new firm with Ms . Hogin , Mr. Jenkins was a senior
shareholder at Richards , Watson & Gershon , where he specialized in the
practice of municipal law since joining the firm in 1978 . During his tenure at the
firm, he served for many years on its Management Committee and as Chair of its
Public Law Department.
Mr. Jenkins currently serves as City Attorney for the cities of Diamond Bar,
Hermosa Beach, Rolling Hills and West Hollywood, as General Counsel to the
Los Angeles County West Vector Control District and the San Gabriel Valley
Mosquito and Vector Control District, as General Counsel to the South Bay Cities
Council of Governments, and as special counsel for numerous municipalities
around the State, including Torrance, Oceanside, Fresno and Palo Alto. Mr.
Jenkins has previously served as city attorney for the cities of Avalon, Hidden
Hills, LaHabra Heights, Malibu, Solvang and Westlake Village.
In the course of his career, Mr. Jenkins has developed expertise in many
facets of public law, including municipal incorporation, constitutional law, land
use regulation, public works construction, open meetings law, elections law and
municipal litigation. Mr. Jenkins has been responsible for the legal affairs of a
diverse array of Southern California municipalities.
Mr. Jenkins' statewide stature in the field of municipal law is evidenced by
his service as President of the City Attorneys Department of the League of
California Cities (1993), his leadership in co-authoring the original version of the
League's Municipal Law Handbook and chairing the League's Brown Act
Committee, in which capacity he negotiated on behalf of California cities major
changes to the State's open meeting laws, which took effect in 1994. Most
recently, he served as Editor for Open & Public III, the League's manual on the
3Brown Act. Mr. Jenkins also served as President of the City Attorneys
Association of Los Angeles County and Member of the Executive Committee of
the Public Law Section of the State Bar (and Editor of the Section Newsletter).
Mr. Jenkins is also a devoted educator in his field. For the past sixteen
years he has taught local government law at the University of Southern California
Law Center. He is a frequent lecturer on municipal law subjects and has
authored numerous published articles in the field. During 1994-1996, he advised
the California Constitutional Revision Commission on behalf of the League of
Cities with respect to home rule issues affecting both charter and general law
cities. Mr. Jenkins is the author of numerous training programs and exercises for
lawyers in his field.l i l
^ ?^ _
___
ABOUTJ&M
The Law Offices of Jones & Mayer is devoted to serving public entities throughout California.
We focus our efforts on providing advice and representation to the law enforcement agencies of
cities, counties and the state. Every attorney is dedicated to that task. This work is not simply a
"part" of what this firm does; it is what this firm does.
We bring a team approach to our client service. Our clients have the satisfaction and security of
knowing that the primary case/project counsel is backed up by the best depth chart in the
business. In addition to our full time staff of professionals, the firm actively utilizes the talents of
several attorneys with a variety of backgrounds and expertise who serve "of counsel."
Our expertise includes:
. Government tort defense in State and Federal courts
. Advising on personnel matters, including representation in administrative appeal hearings
and arbitrations
. Conducting complex internal affairs investigations
. Drafting of policies and procedures manuals
Labor negotiations
. Training in personnel and labor issues, supervision, internal investigations, legal liability
and employment discrimination
. Management/operational audits
. City prosecutor
Client Client Case
Services Alerts Updates
Atty_Gen
Opinions
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,714) 4-46-1 =1(X) :< 1 .V\ 7 1 f; 446-1448
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5LIEBERT CASSIDY WHITMORE
A PROFESSIONAL LAW CORPORATION
6033 W. CENTURY BOULEVARD. SURE 500
575 E. LOCUST AVENUE, SUrrE 302
LOS ANGELES. CA 90045
FRESNO. CA 93720
T: (310) 981-2000 F: (310) 337-0837
T: (559) 256-7800 F: (559) 449-4535
May 7, 2007
Carol Schwab
City Attorney
City of Culver City
9770 Culver Blvd
Culver City, CA 90232
Re: Agreementfor Special Services
153 TOWNSEND STREET . SUITE 520
SAN FRANCISCO . CA 94107
T: (415) 512-3000 F: (415) 856-0306
This letter is to notify you that we are increasing our billing rates effective July 1, 2007,
for all matters. This increase reflects the need to keep our client rates fair, while offering the best
possible legal representation.
The top hourly rate for Partners will increase from $260.00 to
$270.00.
The top hourly rate for Associates will increase from $210.00 to $220.00. The top
hourly rate for Of Counsel will increase from $235.00 to $240.00. The hourly rate for Paralegals
will increase from $95.00 to $100.00. For further clarification, a detailed schedule of hourly
billing rates is attached.
We are enclosing a new Agreement for Special Services between the City and Liebert
Cassidy Whitmore because either the existing contract with the City is outdated or we do not
have a fully executed contract. The Agreement provides ranges of rates so that if we increase
our rates over the next few years we will not have to execute a new contract. Please follow your
Charter in designating the correct person to sign the Agreement. Upon its full execution, please
return a copy of the Agreement to our Los Angeles Office.
We appreciate the opportunity to provide legal services to the City. If you have any
questions regarding this notice, or any other matter involving our Legal Services Agreement,
please do not hesitate to contact me directly.
Sincerely,
LIEBERT CASSIDY WHITMORE
Enclosures
Melanie Poturica
Managing Partner
www.lcwlegal.comPUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Contract Date)
Partners $260.00 - $290.00
Of Counsel '$240.00 - $260.00
Associates $160.00 - $240.00
Labor Relations Professional $170.00 - $200.00
Paraprofessionals $100.00 - $130.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.50 per page|1010|1LIEBERT CASSIDY WHITMORE
EMPLOYMENT LAW I LABOR RELATIONS I EDUCATION LAW I MANAGEMENT TRAINING
Firm Resu me
A PROFESSIONAL LAW CORPORATION
6033 West Century Blvd. 575 East Locust Ave. 153 Townsend St.
Suite 500 Suite 302 Suite 520
Los Angeles, CA 90045 Fresno, CA 93720 San Francisco, CA 94107
tel: 310.981.2000 tel: 559.256.7800 tel: 415.51 2.3000
fax: 310.337.0837 fax: 559.449.4535 fax: 415.856.0306
www.lcwlegal.comFIRM RESUME
With offices in Los Angeles, Fresno and San Francisco , Liebert Cassidy Whitmore provides services for
a majority of cities, counties and community colleges, as well as a substantial number of school districts,
in California. The Firm is a full service employment and labor relations lair firm providing expert
consultation , representation, litigation, negotiation and investigation services to public agency
management . In addition, the Firm produces a wide-range of dynamic management training workshops
and seminars on employment and labor relations issues to cities , counties , courts, special districts,
schools, community college districts, and state universities.
Litigation Services
Liebert Cassidy Whitmore attorneys strive to prevent employment disputes before they arise through
education, training, audits , advice, planning, and cooperative employer-employee relations. When
employment disputes do arise, our defense efforts are designed to meet each client's particular needs,
goals, and budget.
We specialize in representing public agencies in the defense of legal actions and enjoy the reputation of
a results-oriented, successful litigation firm. We are experts in all phases of litigation in both federal and
state courts: pleading, discovery, motion practice, alternative dispute resolution, settlement and trial.
Our particular expertise is the defense of public agencies in actions brought by employees, former
employees, applicants or other individuals alleging employment related claims such as violations of the
California Fair Employment and Housing Act; Federal Civil Rights Acts (e.g., section 1981 and 1983
claims); Americans with Disabilities Act; Age Discrimination in Employment Act; Fair Labor Standards
Act; Meyers-Milias-Brown Act; Family and Medical Care Leave Acts; wrongful termination; and
violation of state and/or federal constitutional rights such as due process, First Amendment and privacy
rights.
The firm's attorneys have handled a number of cases that have culminated in jury trials resulting in
defense verdicts. These cases included claims for violation of constitutional rights; violation of the Age
Discrimination in Employment Act; violation of the disability provisions contained in the Fair
Employment and Housing Act; reverse discrimination; sex discrimination; sexual harassment; national
origin discrimination; age discrimination; intentional infliction of emotional distress; violation of public
policy; First Amendment and retaliation claims under both state and federal laws.
Negotiation Services
Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor agreements for
cities, counties, special districts and school and college districts. The agreements negotiated on behalf
of these and other public employers, depending upon the particular philosophy and circumstances of a
given agency, have run the gamut from brief understandings limited to benefit items to comprehensive
labor agreements that define substantially all terms of employment. These comprehensive MOU's and
collective bargaining agreements, through management rights, waivers and "zipper" type clauses,
provide protection to management's ability to manage the agency. Members of the Firm are
experienced in collaborative/interest based bargaining techniques as well as the more traditional labor
negotiations approach.
LIEBERT CASSIDY WHITMOREFIRM RESUME
In addition to conducting negotiations for public employers, we continually work with public agencies
that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of
consultation and related services, including writing initial bargaining proposals, reviewing counter-
proposals, providing training and advice concerning negotiating strategies, and giving general advice
when particular problems arise.
Negotiating Impasses
Services provided by members of the Firm have included direct participation, as well as general
consultation in hundreds of mediation, fact-finding and arbitration proceedings.
Strikes
We have worked with many public sector clients in contingency planning for job actions and in assisting
them in strike-related activities. A Firm partner co-authored the "Management Strike Handbook,"
published by the International Personnel Management Association.
Contract Administration and Grievance Handling
The Firm has extensive experience in the area of grievance administration , ranging from giving advice at
the administrative levels of the grievance process through litigating arbitration cases.
Public Employment Relations Board Representation
Members of the Firm have had many years of experience representing our clients in all phases of PERB
proceedings, from consultation and responses to Unfair Labor Practice claims through PERB hearings
and court appeals. A Firm partner served as counsel to the PERB Board's first Chairperson as well as
serving as a PERB Administrative Law Judge. Another Firm partner served as a representative of the
League of California Cities and the California Association of Counties in the legislative and
administrative proceedings in connection with the PERB assuming jurisdiction over local agency
employment relations.
Our Approach to Negotiations
We work with and for the chief administrative official and his/her designated staff, and through him/
her with the Governing Body. We provide professional advice to assist the agency in determining
its policy goals and objectives, which then become our goals and objectives; we see our job as
applying our best efforts and skills to achieving them.
We believe in carefully organizing for negotiations, with goals and objectives kept well in mind.
The negotiating process, we believe, consists of definable stages, from preparatory activities to the
preliminary bargaining phases, "hard bargaining," and finally to agreement, impasse procedure, or
work action. Each stage of the process requires an organized approach in order to maximize the
chances of attaining bargaining objectives.
> Our philosophy is not one of "union busting," but rather one of using a professional approach that
seeks to achieve and maintain professional relationships, notwithstanding the adversarial aspects of
the process.
LIEBERT CASSIDY WHITMOREFIRM RESUME
We call to the attention of our clients that in return for agreeing to competitive benefit adjustments,
it is reasonable for them to seek to contractually protect and maximize their management discretion
to set standards of service and retain the prerogative to direct, assign, and stimulate employees to
meet them.
We see the conclusion of negotiations as the beginning for establishing a constructive employer-
employee organization-employee relations structure, which requires management training and
ongoing involvement with agency management on our part.
While one member of the Firm handles a particular negotiating unit, at least one other designated
attorney will be kept advised so that at all times the client has access to an attorney who is familiar
with the status of the situation in each bargaining unit.
Local Agency Employment Law Services
We have worked closely with city attorneys, county counsels and general counsels, and have directly
handled the representation for our local agency clients in literally hundreds of legal proceedings before
civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), state
and federal EEO and other administrative agencies and the courts. These proceedings have covered the
full spectrum of employer-employee relations matters, including such matters as civil service appeals,
recognition and unit representation matters, unfair labor practice charges and related negotiating issues,
employment discrimination matters, pension and disability issues, wrongful termination and Fair Labor
Standards Act claims.
Audit Services
By virtue of the public agency background of members of the Firm, we have extensive experience in
developing local agency Employer-Employee Relations Resolutions/Ordinances and personnel policies
and procedures. A Firm partner developed the League of California Cities Sample Employer-Employee
Relations and Personnel Policies and Procedures Ordinances. The Firm does extensive work in
reviewing agency civil service/personnel policies and rules to assure continuing consistency with the
ever-changing dictates of EEO and affirmative action, labor relations and other laws and administrative
regulations.
Members of the Firm conduct comprehensive audits for public agencies regarding their compliance with
the Fair Labor Standards Act (FLSA). Additionally, the Firm publishes a comprehensive guide, "Fair
Labor Standards Act: A Public Sector Compliance Guide," that serves as a reference to agencies across
the country.
To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can find detailed
information about what an FLSA audit entails.
LIEBERT CASSIDY WHITMOREFIRM RESUME
Investigations Practice Group
The Firm's Investigation Practice Group specializes in investigating allegations of discrimination,
harassment and other misconduct. Our investigative practice primarily serves private sector employers
and public sector agencies that are not already firm clients. However, we also represent current clients
on a case-by-case basis depending upon the specific facts and allegations at issue.
Because of confidentiality issues, we do not identify those employers for whom we have conducted
outside investigations. We have conducted investigations for organizations in the hospitality, legal and
trade industries as well as public sector agencies.
We continue to publish articles and present workshops on the topic of investigations. Our workshops
identify the key components of a successful investigation including how and when to begin an
investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and
execute an effective investigation, and how to evaluate the facts and take corrective action once the
investigation is completed.
Law Enforcement Representation
On a daily basis, the Firm provides advice, counsel and representation to police chiefs, sheriffs, and their
respective executives in a variety of issues that impact professional law enforcement administrators. A
number of Firm attorneys have had the privilege of representing law enforcement professionals for thirty
or more years. Having proudly earned the trust and respect of several generations of police chiefs, the
Firm accommodates the emergency nature of law enforcement related employee relations by being
readily accessible to assist in addressing issues of administrative leave, administrative/criminal
investigations, and investigative methodology and strategic planning. With its immense law
enforcement related experience, the Firm brings both legal acumen and practical knowledge to its client
interactions. Finally, the Firm may well be unique in the state, in having a senior partner who has not
only represented law enforcement for approximately thirty years, but who had fifteen years of
experience in representing police associations. This unique insiders knowledge is invaluable in
effectively addressing issues confronting management. The Firm is extremely well situated to become
your daily counsel regarding these sensitive matters.
Internal Affairs Investigations
Our attorneys are experts in the Public Safety Officers Procedural Bill of Rights and are always
available to provide timely advice to your internal affairs investigators. We routinely review
investigations in order to assess the strengths and weaknesses of investigations and any discipline which
may result.
Our lawyers have obtained important appellate court victories including the following recent cases:
Upland Police Officers Association v. City of Upland (2003) 111 Cal.App.4th 1294; Gilbert V.
Sunnyvale (2005) 130 Cal.App.4th 1264; and Steinert v. Covina (2006) 146 Cal.App.4th 458.
We continue to publish articles and present workshops on the topic of internal affairs investigations. Our
workshops identify the key components of a successful investigation including how and when to begin an
investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and
LIEBERT CASSIDY WHITMOREFIRM RESUME
execute an effective investigation, and how to evaluate the facts and take corrective action once the
investigation is completed.
Pitchess Motions
Peace officer personnel records are confidential as a matter of law. Our Firm understands the
importance of protecting the confidentiality of personnel records, and our lawyers are highly skilled at
opposing Pitchess Motions in both civil and criminal cases. We ensure that personnel records are
safeguarded to the fullest extent possible under the law.
Disciplinary Hearings
Every disciplinary case is serious, but those which occur in the law enforcement context are not only
serious but also complicated by the special protections afforded to peace officers by laws including the
Public Safety Officers Procedural Bill of Rights Act. Our lawyers have successfully handled hundreds
of disciplinary cases over the years.
Education Law Practice
Liebert Cassidy Whitmore provides general counsel, labor and litigation advice and assistance to a
variety of educational institutions in all aspects of education law, employment law and labor relations.
Members of the Firm have first-hand experience and in-depth understanding of the special demands of
labor relations and employment law as they apply to educational institutions. Known throughout the
state for the breadth and depth of our expertise in representing independent, private and religious
schools, California public schools and school districts, county offices of education and community
college districts, our direct experience includes:
Labor Relations and Personnel
• PERB proceedings (representation cases, unfair practice cases, impasse determination and other
matters)
• Contract administration (including advice on grievances, handling of arbitrations, contract
interpretation)
• Layoff of certificated/academic and classified employees
• Discipline of certificated/academic and classified employees
• Review and drafting of personnel procedures and policies
• Employee fringe benefits issues (e.g., FMLA, STRS, PERS, COBRA)
• Wage and hour issues (e.g., FLSA)
• Specially funded employees
• Employment discrimination/civil rights
• Harassment investigations
• Administrative hearings before hearing officers, arbitrators and personnel commissions
School and College Administration and Business
LIEBERT CASSIDY WHITMORE
13FIRM RESUME
• Contracts (drafting, reviewing, negotiating , and related litigation)
• Real property (acquisition , sale, leasing, Education Code requirements)
• Developer fee issues
• Budget and finance
• Literary property (copyright)
• Competitive bid requirements
• Audits and auditors
• Conflicts of interest
• Voting rights/responsibilities
• Brown Act
Student Affairs
• Student discipline (including harassment)
• Civil Rights (e.g., Title IX)
• First Amendment/freedom of expression issues
• Instructional/legal issues
• Student permits/attendance
• Bilingual education
Model Policy and Procedures
Liebert Cassidy Whitmore has partnered with the Community College League of California, to provide a
Board Policy and Administrative Procedure Service. The Service is designed to assist districts maintain
up-to-date Board Policy and Administrative Procedure manuals, by offering sample policies and
checklists for procedures that implement board policies that are either legally required, legally advised,
or suggested as good practice. The Service also provides workshops and regular updates reflecting
changes in laws, regulations, and other standards.
Consulting and Training Services
One of the Firm's greatest sources of accomplishment comes from its record of success in counseling
and advising its clients on the best ways to avoid becoming a party to adversary proceedings. We were
"pioneers" in the training field by creating "consortiums" of agencies. The thirty-one Employment
Relations Consortiums (ERCs) are comprised of over 500 cities, counties, special districts, schools, and
community college districts as well as other public sector agencies.
As part of our ERC services, we provide ongoing training on current developments in labor relations and
personnel law on subjects including negotiation strategies; performance evaluations; disciplinary
actions; employment discrimination, including harassment and ADA issues; Family and Medical Care
Leave Acts; violence in the workplace; effective supervision; grievance administration; law enforcement
issues and special workshops for governing board members. Experience over the years confirms that
not only have the member agencies found the consulting and training services helpful, but an invaluable
opportunity for the exchange of ideas and information between agency management.
LIEBERT CASSIDY WHITMOREFIRM RESUME
The Firm provides individual training services to public agencies on a half-day or full-day basis. We
customize these training programs to the precise needs of the client. For example, we have provided on-
site training programs to employees and/or supervisors and managers of over one hundred agencies last
year.
Members of the Firm make presentations on employment relations law issues to a variety of professional
organizations including:
• American Arbitration Association
• American Bar Association
• Association of Legal Administrators
• Association of California Community
College Administrators
• Association of California School
Administrators
• Association of California Water Agencies
• Association of Chief Human Resources
Officers for Community College Districts
• California Association of Independent
Schools
• California Association of Joint Powers
Authorities
• California Background Investigators
11
11
11
11
Association
California Charter Schools Association
California Council ofSchool Attorneys
California County Counsels Association
California Environmental Health
Association
• California Fire Chiefs Association
• California Minority Counsel
• California Peace Officers Association
• California Peace Officers Standards and
Training (POST) Academy
• California Police Chiefs Association
• California Public Employer Labor Relations
Association
• California Sanitation Risk Management
Authority
• California School Boards Association
• California Society of Municipal Finance
Officers
• California Special Districts Association
• California State Association of Counties
• California State Bar Labor and
Employment Law Section
• California State Sheriffs Association
• City Attorneys Association of Los Angeles
County
• College and University Professionals
Association for Human Resources
• Community College League of California
• County Personnel Administrators
Association of California
• Fire Districts Association of California
• International Municipal Lawyers
Association
• International Personnel Management
Association
• League of California Cities
• Los Angeles County Bar Association Labor
and Employment Law Symposium
• National Association of Housing and
Redevelopment Officials
• National Employment Law Institute
• National Institute of Municipal
Law Officers
• National Public Employer Labor Relations
Association
• Public Agency Risk Management
Association
• Public Agency Safety Management
Association
• Public Risk Management Association
• Professionals in Human Resources
Association
• Southern California Labor Relations
Council
• Southern California Personnel Management
Association
LIEBERT CASSIDY WHITMORELIGHTFOOTVANDEVELDE SADOWSKY
CROUCHLEY RUTHERFORD LEVINE LLP
ABOUT THE FIRM
ABOUT THE FIRM ATTORNEYS PRACTICE CONTACT
WHAT WE DO
The firm specializes in criminal defense , with an emphasis on complex and white-collar
cases , civil rights litigation, appeals, and - where the matter has the potential to affect a
client's rights and interests - civil litigation and administrative proceedings . The firm's
attorneys are experienced in cases in both the federal and state courts.
WHO WE ARE
The firm has a well-established reputation in criminal law and federal litigation . The firm's
partners have varied backgrounds that provide a range of collective expertise. Two
partners were federal prosecutors , three were federal public defenders , and four were
judicial law clerks . The firm's partners are regularly listed in Best Lawyers in America and
were included among Los Angeles Magazine 's selection of "Top Lawyers." Los Angeles
Magazine has also referred to the firm as the best white-collar criminal defense firm in
Los Angeles , and four of the firm's partners were recently named "Super Lawyers,"
including two partners listed in the top 100 lawyers in Southern California and one
partner listed in the top 10. Chambers USA lists the firm among the best white-collar
criminal defense firms in California , and California Lawyer named two partners among
the "Best in the West' for business crime matters . The Los Angeles Daily Journal placed
one of the partners among the top 50 women lawyers in California and top 75 women
litigators in California and placed another partner on the list of the top 20 lawyers under
40 in California . One partner received the Pro Bono Advocacy Award from the ACLU
Foundation of Southern California, while another partner received the Pro Bono
Associate Award from the Legal Aid Society of Los Angeles. Three of the firm's partners
are fellows in the American College of Trial Lawyers.
OUR COMMITMENT
To achieve the most positive result for a client, the firm relies on a collaborative and
creative approach, carefully tailored to the matter at hand . The focus is always on
achieving the most positive results for the client . The firm offers each client personalized
attention as well as a breadth of combined legal experience . Each case is assigned to an
attorney, who acts as the primary point of contact and handles all elements, from
beginning to end. The firm helps to manage costs by avoiding organizational layers or
creating a pyramid of lawyers. Attorneys work efficiently and effectively, taking best
advantage of the firm's resources.
OUR INVOLVEMENT IN THE COMMUNITY
The firm is not only committed to serve its clients first and with efficiency , it is committed
to being part of and contributing significantly to the legal community and the broader
community in which the firm and its clients live. The firm 's lawyers are heavily involved in
the work of the courts and the legal community . Partners have regularly served as
members and chairs of the American Bar Association ' s White Collar Crime Regional
Committee, both nationally and for the West Coast, as Lawyer Delegates to the Ninth
Circuit Conference , as members , vice chairs , and chairs of committees of the federal
courts , the Los Angeles County Bar Association and the Federal Bar Association, and as
members of committees evaluating potential state court judges and federal magistrate
judges . Partners have served on the California State Bar Board of Governors , the Los
Angles County Bar Association Board of Trustees , the Ninth Circuit Advisory Board, the
Ninth Circuit Advisory Rules Committee , and as officers in various bar associations.
Partners are active in the American Criminal Inns of Court, California Attorneys for
Criminal Justice , the National Association of Criminal Defense Lawyers , and the Criminal
Courts Bar Association . Lawyers have taught and guest lectured at law schools. They
have spoken at numerous professional seminars and conferences , including conferences
and seminars for prosecutors , law enforcement officers , and judges . They have served
on the boards of legal services organizations , including one partner who served as the
President of the Legal Aid Foundation of Los Angeles, and non-legal community
organizations and institutions, such as hospitals. The firm is proud to financially support
many organizations in order to benefit the legal system and the greater community.ALVIN S. MICHAELSON
1901 AVENUE OF THE STARS
SUITE 615
LOS ANGELES, CA 90067
(310) 278-4984
(310) 286-9969 (FAX)
E-MAIL: michaelsonlaw(Austice.com
EMPLOYMENT
Law Offices of Alvin S. Michaelson
Los Angeles, California - September 1984 to present
Private Practice Specializing in Criminal Law - April 1969 to present
Trial Attorney- U.S Department of Justice, Anti-Trust Division Los Angeles-1967-1969
Assistant Prosecutor - Hudson County, New Jersey-1964-1967
BAR ADMISSIONS
New Jersey, 1964, California, 1969, U.S. District Court, District of New Jersey, 1964;
District Court, Central District of California, 1969; U.S. Court of Appeals, Ninth Circuit,
1969; U.S. Supreme Court, 1972; U.S. District Court, Southern District of California, 1974;
U.S. Court of Appeals, Third Circuit, 1979; U.S. Tax Court, 1979; U.S. District Court,
Northern District of California, 1981; U.S. District Court,-Eastern District of California, 1995
EDUCATION
Columbia University (B.A., cum laude, 1960)
Harvard University (J.D., 1963)
LECTURES
June, 1993 - "A Conference of the Society for the Reform of Criminal Law" Ottawa, Canada
September, 1993 - "Sentencing Guidelines in U.S. - Success or Failure" Canadian Bar
Association, Vancouver, Canada
January, 1995 -'Playing to Win"- Advanced Criminal Law Seminars, Aspen, Colorado
September, 1995 - "Media Techniques in Criminal Cases" - State Bar of California
August, 1996 - "Anatomy of Trying Drug Cases" - National Association of Criminal Defense
Lawyers
101August, 1998 - "Cross Examination - How to Get What You Need" - National Association of
Criminal Defense Lawyers
Lectured to various law enforcement agencies, including Glendale California Police
Department, California Narcotics Officer's Association, United States Customs Service re:
Investigatory techniques and search and seizure issues
BAR -CIVIC ACTIVITIES
Special Counsel to the Webster Commission (Studying Police Responses to the 1992 Los
Angeles Civil Unrest)
MEDIA PARTICIPATION
Legal Analyst: CNN
CNBC Rivera Live
Court TV
Fox News Network
CO-AUTHOR: "Controlled Substance Offenses"
West's California Criminal Law (1995)Richards, Watson & Gershon
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RW&G is a full-service law firm, headquartered in
Los Angeles with offices in Orange County and
San Francisco. We have specialized in the
representation of public and private sector clients
for over 50 years. The depth and diversity of our
experience cannot be duplicated. RW&G is
comprised of lawyers that are committed to
excellence in the legal services we provide and to
solving problems of business and the public sector
with the highest quality legal services.
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Practice Areas
RW&G's principal practice areas are listed below.
The boundary lines of these specialties are not
rigid, and we often find that the best way to serve a
client with a complex legal problem is with a team
of lawyers from two or more practice areas. Many
of our lawyers practice in more than one of our
practice areas. Click on the practice area
descriptions below for more information about
RW&G's primary areas of practice.
• Eminent Domain
• Environmental and Energy
• Labor anand_Employ_ment
• Litigation ^_...._._..... •
Public Agency and Municipal Law
• Public Finance
• Real E state
• Redevelopment
• Water Rights and Water Law
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10SEKI, MsHmuRA & WATASE, LLP
ATTORNEYS AT LAW
213.481.2869 1055 Wilshire Boulevard, Suite 1900
213.481.2871 (F.4x) Los Angeles, California 90017
www.snw-jaw. com
SEKI, NISHIMURA & WATASE, LLP is a dynamic firm consisting of
attorneys with vast litigation experience in the areas oftort litigation, personal injury,
administrative law, business litigation, elder abuse, medical malpractice, criminal
defense and other areas of general practice. The firm specializes in high profile cases
representing individuals, corporations, businesses and public entities. The partners
have a combined total legal experience of over 80 years.
SEKI, NISHIMURA & WATASE, LLP is dedicated to providing the best legal
representation possible while also providing each client with the personal attention
and services to which the client deserves. As a full service firm, its expertise,
judgment and depth and range of litigation skills serve its clients well by fulfilling the
needs of the clients.
BILL H. SEKI was admitted to the California State Bar in December 1988, and
has been admitted to the United States District Court, Central District. From
December 1988 until December 1997, Mr. Seki was a Deputy District Attorney for
the County of Los Angeles. He prosecuted a wide variety of high profile cases
including murder, special circumstances, gang and sexual assault. Mr. Seki joined
the firm ofMounger, Gonda & Seki in January 1998 representing law enforcement
officers in criminal defense and administrative hearings. Mr. Seki was actively
involved in the representation of officers in the "Rampart Scandal". In May 2003,
Mr. Seki joined the firm of Harrington, Foxx, Dubrow and Canter, LLP. He
continued to focus his practice on representing law enforcement officers while also
defending white collar crimes and accusations against public officials. His clientele
include large corporations, the Los Angeles Unified School District, police
associations, businesses and individuals. He also expanded his practice to include
business litigation, representing business owners in contractual disputes, premises
liability and employment issues.
In addition to representing his clients , Mr. Seki is a lecturer and instructor. He
has lectured to numerous law enforcement agencies and associations , including the
City of Los
Angeles Police Department and the Los Angeles County Sheriffs
02%Department.
He is also a professor at Southwestern University School of Law
teaching trial advocacy, He was honored in 2000 with the Southwestern University
Adjunct Excellence in Teaching Award . He is a past President of the Japanese
American Bar Association, the Chairman of the Go for Broke National Education
Center and a Recipient ofthe Asian Pacific American Legal Center Pro Bono Award.
GILBERT M. NISHIIvMURA was admitted to the California State Bar in
December, 1973, and has been admitted to the United States District Court, Central
District and the United States Court of Appeals for the Ninth Circuit. He has also
appeared pro hac vice in the states of Arizona., Hawaii, Nevada and Tennessee. From
1973 until 1976, Mr. Nishimura was a member of the Law Firm of West & Girardi
and its successor, the Law Firm of Gi.rardi and Keese . His work experience there
involved personal injury litigation, including medical malpractice and products
liability.
In 1976, Mr. Nishimura formed the law firm of Senzaki, Osajima &
Nishimura with offices in Los Angeles and Orange counties . This was an all service
law firm for which
Mr. Nishimura handled the business and personal injury litigation
matters and defended the Los Angeles County Healthcare System in medical
malpractice cases . In 1989 Mr. Nishimura j oined the firm of Roquemore, Pringle &
Moore, Inc., and became the partner supervising the litigation, personal injury and
workers compensation departments . His practice has included representing various
government entities including the County of Los Angeles and its Sheriff s
Department, Healthcare System, Coroner's Office, District Attorney's Office and
Public Defender's Office, the City of Bellflower, the City of
Bell Gardens, the City
of West Covina and the Federal Deposit Insurance Corporation. In addition to his
litigation responsibilities, Mr. Nishimura currently supervises the general practice of
the Firm, including real estate , estate planning and transactional matters.
Mr. Nishimura is a former referee of the State Bar of California and Judge Pro
Tern of the Los Angeles Municipal Court. He has been a member of the Judicial
Review Committee ofthe Los Angeles County Bar Association, Judicial Evaluations
Committee of the Japanese American Bar Association, Board of Governors of the
Japanese American Bar Association, panelist speaker at the State Bar of California
Annual Convention and the Judiciary College in Berkeley, California.
KENNETH D. WATASE
was admitted to the California State Bar in December
1977.
He is also admitted to practice in the United States District Court
, Central and
Southern Districts .
From May 1978 until November 2000 , Mr. Watase was a member
and partner with the Law Offices of Bell, Orrock & Watase
, LLP. His primary focus
of practice was the defense of hospitals
, physicians and surgeons in medical
ZLmalpractice cases. Mr. Watase has also defended skilled nursing facilities in cases
involving allegations of elder abuse . In November 2000 , Mr. Watase joined the
established firm of Roquemore , Pringle and Moore , Inc., where he continued his
representation ofnursing facilities, businesses and governmental entities . Mr. Watase
has represented governmental entities and businesses such as the City of Riverside,
County of Riverside, Riverside County Sheriffs Department, Riverside Unified
School District, San Bernardino Unified School District, International Paper, Inc.,
Los Angeles County Sheriffs Department, County of Los Angeles, City of Pomona,
City of West Covina, City of Baldwin Park, City of South Gate and the City of
Montebello . In addition, Mr. Watase has also become involved in majorprobate, real
estate and business litigation.
Mr. Watase has extensive trial experience . He also acts as ahearing officerfor
the Personnel Commission for the City ofMontebello . Mr. Watase graduated Magna
Cum Laude from the University of California at Los Angeles and is a life member of
the Phi Beta Kappa National Honor Society . Mr. Watase also served his country in
the United States Army, including a tour of duty in Vietnam.