- Adoption
- Child AbuseLegal counsel regarding issues of on-campus drugs, alcohol, firearms, child abuse, sexual misconduct, and other workplace safety concerns
- Wrongful DeathOur attorneys frequently handle claims alleging violation of civil rights arising under both state and federal law, including lawsuits alleging violations of 42 U.S.C. Section 1983 and California’s equivalent, the Bane Act. Lozano Smith’s police civil rights attorneys vigorously defend peace officers in federal and state court against a wide variety of claims, including excessive force, unlawful arrest, civil rights, wrongful death, assault and battery, negligence and seizure actions.
- MisdemeanorsPrior to SB 820 there was minimal statutory guidance on recording classroom instruction in the distance learning environment. As distance learning became a requirement for many school districts in the counties most impacted by the effects of COVID-19, some labor unions relied on Education Code section 51512 to argue that video or audio recording of instruction without the consent of the teacher and school principal is prohibited. Section 51512, which has been in the Education Code for many years, prohibits the use of electronic listening or recording devices in the classroom without the prior consent of the teacher and principal of the school. A violation of this section by someone other than a student is punishable as a misdemeanor, while any violation by a student is subject to appropriate disciplinary action.
- Embezzlement
- AssaultOur attorneys frequently handle claims alleging violation of individuals civil rights arising under both state and federal law, including lawsuits alleging violations of 42 U.S.C. Section 1983 and California's equivalent, the Bane Act. Lozano Smith's police civil rights attorneys vigorously defend peace officers in federal and state court against a wide variety of claims, including excessive force, unlawful arrest, civil rights, wrongful death, assault and battery, negligence, and seizure actions. We have handled class action cases ranging from hundreds to thousands of plaintiffs, and aided clients against claims seeking punitive damages. Our holistic focus on clients is regularly demonstrated with our understanding of the underlying training, policies and practices related to law enforcement officers. Not only do our attorneys provide law enforcement training, our deep bench of litigators and Local Government Practice Group work in conjunction with numerous departments to update and implement appropriate policies.
- Restraining Order
- Business TransactionsMore than half of the attorneys on our staff manage business transactions each day, giving us the depth of experience to successfully review and advise our clients on these types of transactions. Specific areas in which we regularly provide advice and counsel include...
- Construction Contracts
- Workers CompensationCertain workers' compensation program deadlines related to the filing and appeal of decisions by Workers' Compensation Administrative Law Judges were extended by 60 days. Relatedly, under Executive Order N-68-20 (EO N-68-20), signed on June 5, 2020, the deadline for the Workers' Compensation Appeals Board to act on any decision submitted by a Workers' Compensation Judge was also extended for a period of 60 days. EO N-71-20 set a sunset of August 29, 2020 for this latter extension.
- Employment DiscriminationHall, et al. v. County of Los Angeles, Los Angeles County Superior Court Case No. BC208583, Approximately 200 female attorneys of a non-profit, public benefit corporation brought a sex discrimination suit claiming they were not receiving the same salaries and benefits as male employees of the County, despite doing the same work. The County’s dispositive motion was ultimately granted on the grounds that plaintiffs were using improper male comparators and had not shown any indicia of discrimination.
- Employment ContractLozano Smith's attorneys serve as labor and employment counsel to hundreds of public agencies across the State of California. The firm's expertise covers the full spectrum of labor and employment law; from hiring employees and drafting employment contracts, to collective bargaining, contract grievances and matters of discrimination, retaliation, and misconduct, to layoffs, discipline, and dismissals. We are well qualified to provide legal assistance on virtually any labor and personnel issue involving certificated, classified, and administrative employees.
- Employment LitigationWhile a significant portion of our firm's efforts are dedicated to conducting labor negotiations and providing employment advice, our attorneys have extensive experience at trial and appellate level employment litigation on behalf of public agency and school district clients. Our advice and advocacy has been sought in numerous sensitive, high profile cases and our attorneys have argued before the California Courts of Appeal, the California Supreme Court, and administrative agencies including the Equal Employment Opportunity Commission (EEOC), the Department of Fair Employment and Housing (DFEH), Office for Civil Rights (OCR) and the California Public Employment Relations Board (PERB).
- Non-compete AgreementAugust 2024Number 36On April 23, 2024, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (Rule) which bans employers within the FTC’s jurisdiction from entering into new non-compete clauses (non-competes) with workers. Additionally, non-competes entered into before the effective date of this Rule will be unenforceable, except for non-competes entered into with senior executives which will remain in force.The Rule will go into effect September 4, 2024.Details of...
- Severance Agreement
- Sexual HarassmentOur attorneys have vast experience assisting clients with POBR, and a significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. We have broad experience assisting clients in preventing, investigating and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high profile cases.
- Real Estate Litigation
- Premises LiabilityAlthough not as dramatized as many of our other matters, premises liability claims are at the core of our litigation practice. Lozano Smith's attorneys have represented scores of public entities throughout the state in defense of claims alleging the existence of a dangerous condition of public property. Our role as defense counsel often expands to assist in updating our clients' business practices and policies in an effort to not only minimize future claims, but also eliminate injuries. One of our attorneys has also been at the forefront of this area by litigating two of the lead cases recently decided by the California Appellate Courts, articulating the standards for establishing when a public entity could be held liable for the misuse of public property.
- Construction LitigationLozano Smith's Construction Advice and Litigation ("CAL") practice area provides timely and cost-sensitive legal services related to public works construction projects of all kinds. We assist clients with project planning, contract language, and bid issues at the beginning of a project; project management and change orders during a project; and completion, payment, claims, and litigation at project closeout. Our dispute resolution and litigation expertise spans all controversies, whether common (extra work, delay, and stop payment notices) or complex (contractor defaults, termination, surety takeovers, and false claims). We have also successfully represented clients in disputes regarding construction consultants and construction defects.
- Real Estate TransactionsLozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements, Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are experienced with matters involving urban renewal, economic development, and Community Development Block Grant Programs.
- Eminent DomainLozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting and negotiating sophisticated real property transactions. These transactions have included negotiated purchases, real property exchanges with both private and public entities, acquisition through developer agreements, and eminent domain. We also have represented numerous public agencies in public property sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning entitlements, easements, dedications, title and survey matters and real property due diligence.
- Easement
- Land Use and Zoning
- Personal Injury
- ForeclosureRecognizing the inherent cross-over within our existing practice areas, and coupled with the need for specialists in financial legal services, Lozano Smith's Public Finance Group was formed by experienced attorneys specializing in public finance work, providing expert and objective legal advice on the validity of bonds, the tax treatment of interest on bonds, appropriate and adequate disclosure, post-issuance tax compliance, and record-keeping requirements. Lozano Smith also assists with legal services in related contexts such as bond elections, parcel taxes, developer fees, special taxes, special assessments, and special tax and assessment lien foreclosure.