When litigation arises, the best defense combines zealous advocacy with a creative and cost-effective strategy. In this regard, Liebert Cassidy Whitmore’s knowledge and experience managing the day-to-day, distinctive issues that affect our preschool, K-12 and higher education clients, and deep bench of private education attorneys, sets us apart. Our unique understanding of private educational institutions’ needs enables us to hit the ground running when they reach out to us for help resolving disputes.
We represent our clients in both state and federal court, as well as before administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Fair Employment and Housing (DFEH), and the Division of Labor Standards Enforcement (DLSE).
We have also been very successful in enforcing the arbitration provisions that many private educational institutions now include in their employment contracts and enrollment agreements, and compelling plaintiffs to pursue their claims in private arbitration.
We litigate all types of issues involving employees, parents, and students, including claims for wage and hour violations, wrongful termination, discrimination and harassment, defamation and breach of contract. We have a proven track record of obtaining successful results in both jury and bench trials, although we strive to dispose of litigation matters as early and efficiently as possible via our creative motions practice.
It sometimes makes sense to resolve a dispute through mutual agreement before it escalates in order to avoid the time, resources, and distraction involved in defending a protracted litigation. We employ a wide array of tools to help private educational institutions achieve this goal, including mediation and other uniquely designed courses of action.
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 private education institutions throughout the litigation process, including representing elected officials and 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.
Our practice is to establish immediate, open and collaborative communication with our clients to understand and assess the client’s goals in the litigation. We understand that mediation and other forms of Alternative Dispute Resolution is a part of litigation practice, and we work proactively with clients to evaluate settlement when it is aligned with their goals and to position the case for the best possible resolution at the optimum time. 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. Our Litigation Manager works closely with the litigation team on compliance with ligation guidelines, budgeting and defense strategy. In addition, at regular intervals throughout the matter, a team of our litigators from across the firm convenes to share resources, insights, and strategies about each case. These are value-added components provided by LCW for which our clients are not billed. We also have broad experience with experts, including jury consultants, economists, statisticians and vocational rehabilitation experts. Our Litigation Support Specialist and paralegals manage e-discovery and provide specialized trial support at a much lower rate than outside technical consultants.
At the outset of the litigation, LCW provides a detailed case analysis and plan outlining the initial case strategy, and communicates regularly with our clients on the execution of the plan. We also create a detailed budget for each phase of the litigation and review and update this budget at regular intervals and discuss any necessary changes with the client.
