Shelby B. CrawfordShelby Crawford is a trial lawyer and litigation strategist who defends clients from the initiation of a case through trial and/or settlement. Shelby has litigated successfully before state and federal courts, focusing her practice on the defense of public-entities, general liability, automobile and common carrier liability, personal injury, premises liability, and contracts.Shelby has compiled an impressive record of success by anticipating typical claimant strategies and mounting vigorous and innovative defenses. Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Anthony E. Castillon-MendozaThis page is under construction. Litigation State Bar of California
Frances E. AgoncilloFrances Agoncillo is in Burke’s Litigation Practice Group. She holds a Juris Doctorate from Southwestern Law School’s two-year accelerated J.D. Program with a Civil Litigation concentration. During her time in law school, Frances earned a Public Service Distinction through her involvement in Southwestern Law School’s Small Claims Clinic, and her externships with Los Angeles County Office of the County Counsel, and the licensing division of the California Department of Justice.Prior to joining Burke, Frances worked as an associate for an established Los Angeles law firm where she represented various entities in a range of matters, including general liability matters, landlord-tenant matters, and premises liability matters, through every step of the litigation.Outside of the office, Frances enjoys singing karaoke, taking a hot yoga or strength training class, and spending time with her family and friends. Litigation State Bar of California United States District Court for the Central District of California Asian Pacific American Women Lawyers Alliance
Brandon A. SanchezBrandon Sanchez has dedicated his legal practice exclusively to all aspects of municipal law, with an emphasis on code enforcement, nuisance abatement, and land use. Brandon also excels at drafting regulatory and enforcement ordinances, including cannabis, short-term rental, massage, sidewalk vending, appeal procedures, nuisance abatement, administrative citation, and cost recovery ordinances, among others.Brandon has been a contributing editor to the last five editions of the California Municipal Law Handbook, helping draft the primary practice guide for municipal attorneys. He has also taught courses all over the State and published articles on various aspects of municipal law. Brandon also served on the League of California Cities' Cannabis Regulation Committee from 2019 to 2024. Public Law State Bar of California United States District Court for the Central District of California
Nicole Y. BlohmNicole Blohm is an experienced litigator in the life, health and disability and ERISA practice area. In addition to litigation, she served as in-house counsel and law department manager for an insurer. Nicole applies her insurance experience to her litigation practice and focuses on quality and efficiency.Nicole defends insurance carriers in short and long term disability, accidental death and dismemberment, and life insurance benefits disputes governed by ERISA and state laws. She practices in Federal and State courts in California and the Ninth Circuit and handles matters from the pre-litigation stage through final resolution, including negotiations, mediations, trials, and appeals. Insurance Coverage and Litigation State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Los Angeles County Bar Association DRI Life, Health and Disability
Andrew T. MagalineAndrew is a senior associate in Burke’s Labor and Employment Law Practice Group. Andrew represents employers and individuals primarily in wage and hour class action and Private Attorney General Act matters. He provides counseling regarding employment practices, and helps clients develop internal auditing procedures to remain in compliance with California’s ever-changing employee pay laws.In addition, Andrew has successfully represented clients before the California Franchise Tax Board, the Internal Revenue Service, and in United States Tax Court, saving clients millions of dollars in wrongful assessments and levies.Outside of his legal practice, Andrew enjoys hunting and fishing, showing horses with his son, and spending quality time with his family. Employment Law and Litigation State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States Tax Court Los Angeles County Bar Association Marin County Bar Association
John E. Bauman IIIThis page is under construction. Construction Law Litigation State Bar of California
Alena ShamosAlena Shamos has been a litigator since 2001 and has focused on public law since 2005. Alena served as Deputy City Attorney for the cities of San Marcos and Lemon Grove, and has represented various cities throughout San Diego County, including Vista, Chula Vista, Carlsbad, Escondido, National City, and Oceanside, as well as cities throughout the State of California, including Novato, Lathrop, Calabasas, and Rancho Mirage.Alena’s litigation experience includes election issues, validation/reverse validation, California Environmental Quality Act (CEQA), land use, cannabis enforcement and permitting, short-term rental legislation defense, quo warranto actions, and real property disputes. Her published appellate decisions include Moore v. City of Lemon Grove (2015) 237 Cal. App. 4th 363 (upholding sewer rates under Proposition 218). She obtained a favorable result for many agencies in The Affordable Housing Coalition of San Diego v. Drager, et al., August 25, 2020 No. C083811 (Post Redevelopment Enforceable Obligations) and the subsequent decision in the same matter (DCA Case No. C097016) in 2024.From 2018 through 2022, Alena served on the City of Chula Vista’s Campaign Contribution Enforcement Authority. She has also provided election law advice to various cities including Imperial Beach and National City.Alena has argued before various divisions of the California Court of Appeal as well as the California Supreme Court. She is admitted to practice before the United States Supreme Court, the 9th Circuit as well as the District Courts for the Southern, Eastern, and Central Districts of California. She has also appeared before the Southern District of California Bankruptcy Court to enforce a public entity’s ability to enforce its ordinances.Alena has also published articles pertaining to California Civil Procedure and in 2020, 2021, and 2023, she co-authored materials and presented before the San Diego Appellate Inn of Court on various topics, including stays, writs of supersedeas, and appellate writ procedures in various types of matters.Alena is fluent in Russian and speaks Spanish.APPELLATE EXPERIENCECalifornia Supreme CourtBoling, et. al. v. Public Employment Relations Board (2018) 5 Cal.5th 898 (initiative rights in the context of municipal labor relations)Cal Fire Local 2881 v. California Public Employees’ Retirement System (2019) 6 Cal.5th 965 (pension contracts, counsel for amicus)The Affordable Housing Coalition of San Diego v. Drager, et al., Case No. S264333 (post-redevelopment enforceable obligations (review denied, Oct. 28, 2020))City of San Marcos v. California Public Utilities Commission (San Diego Gas & Electric Company), Case No. S266969 (original writ asserting CEQA challenge to Commission decision) (unpublished, July 28, 2021)Court of Appeal for Third Appellate DistrictThe Affordable Housing Coalition of San Diego v. Drager, et al., DCA Case No. C083811 (post-redevelopment enforceable obligations (unpublished, Aug. 25, 2020)The Affordable Housing Coalition of San Diego v. Drager, et al., DCA Case No. C097016 (post-redevelopment enforceable obligations and denial of Petitioner’s fee award and untimely challenge to writ returns (unpublished, Mar. 22, 2024.)Court of Appeal for Fourth Appellate District, Division One (San Diego)Moore v. City of Lemon Grove (2015) 237 Cal.App.4th 363 (upheld city sanitary district sewer rates under Proposition 218)City of El Centro v. Lanier (2016) 245 Cal.App.4th 1494 (charter city home rule)Endangered Habitats League, Inc. v. City of San Marcos et al., DCA Case No. D072404 (mandatory trial date request in CEQA case (unpublished, May 3, 2018)Boling, et. al. v. Public Employment Relations Board (2017) 10 Cal.App.5th 853, and on remand, Boling, et. al. v. Public Employment Relations Board (2019) 33 Cal.App.5th 376 (initiative rights in labor relations context)UL Chula Two LLC v. City of Chula Vista et al., DCA Case No. D079215 (upheld city’s discretion to deny a cannabis business application and due process of administrative appeal) (unpublished, Oct. 24, 2022)Frank Zimmerman Collective v. City of Vista, DCA Case No. D082921, pending, filed Oct. 6, 2023 (appeal by cannabis applicant of trial court judgment denying petition for writ of mandate)Court of Appeal for Fourth Appellate District, Division Three (Santa Ana)City of El Cajon v. San Diego County LAFCO, DCA Case No. G041793 (upheld challenge to denial of island annexation (unpublished, Aug. 11, 2010)City of El Cajon v. San Diego County LAFCO, DCA Case No. G045021 (upheld denial of attorneys’ fees to city in island annexation dispute (unpublished, Mar. 28, 2012)Court of Appeal for the Sixth Appellate DistrictPeople, ex rel. v. City of San Jose et al.; Constant, et al., DCA Case No. CV245503 (quo warranto action regarding initiative (unpublished, May 9, 2018) Litigation Public Law Real Estate and Business Law State Bar of California Supreme Court of the United States Supreme Court of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Southern District of California San Diego Appellate Inn of Court California Lawyers Association, Public Law Section Lawyers Club of San Diego San Diego County Bar Association, Litigation, Environmental, Government and Appellate Law Sections
Joanna KwongJoanna Kwong is an associate attorney in Burke’s Silicon Valley office and is a member of the Labor and Employment Practice Group.Joanna represents public and private sector employers in all aspects of labor and employment law, including discrimination, harassment, wrongful termination, disability, reasonable accommodation, leave requirements, and discipline and dismissal in personnel matters.Prior to joining Burke, Joanna practiced education law and provided legal counsel to California school districts and county offices of education. Employment Law and Litigation Labor Relations State Bar of California
Michael W. BarrettMichael Barrett has more than thirty years-experience as a public lawyer, including more than eighteen years as an in-house City Attorney for the City of Napa. Michael’s previous in-house experience included the cities of Fremont and Tracy as a deputy and assistant city attorney, and the City of Oceanside as a law clerk. Michael began his legal career in a San Diego firm representing both public and private development and construction clients.Michael has successfully advised public clients regarding a wide range of legal issues related to the administration and operations of municipal governments and public utilities. Michael has assisted public officials in the establishment and implementation of public revenue generation systems that equitably allocate costs to benefitting parties to fund essential public infrastructure and services. Michael’s experience includes the evaluation and preparation of documents needed for ballot materials, charter amendments, property and business owner approved assessment districts, enhanced infrastructure financing districts, and local agency approved ordinances and resolutions establishing fees and rates for services. Michael has extensive experience in complex contractual transactions for large construction projects, multi-agency extra-territorial cooperative agreements, public-private partnerships, negotiating development agreements with private developers, and transfers of public property in compliance with requirements of the surplus land act.Michael works with public agency client representatives to clearly understand the client’s goals and identify the most effective means of achieving those goals while soundly documenting compliance with procedural and substantive legal requirements. Public Law State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Southern District of California United States Court of Federal Claims Cal Cities (League of California Cities) Brown Act Committee (2013-2019) Cal Cities Legal Advocacy Committee (2010-2012) Cal Cities Public Records Act Task Force (2003-2004) Cal Cities Transportation, Communications and Public Works Policy Committee (2003-2004) Cal Cities Public Works Legislation Advisor (1999-2005) Cal Cities Proposition 218 Task Force (1996-1997)
Jackson D. MorgusJackson Morgus is a Senior Associate in Burke’s Oakland office. His practice primarily focuses on civil litigation with an emphasis on civil rights, constitutional law and tort liability.Jackson is an experienced and versatile litigator, having previous experience in construction litigation, corporate litigation, partnership disputes, real estate transactions and litigation, government torts, probate litigation, estate planning, family law, insurance defense, corporate governance, and shareholder derivative actions.Jackson studied economics and English at Santa Clara University. Jackson also attended law school at Santa Clara University, where he received an Emery Merit Scholarship and the CALI Excellence for the Future Award in Federal Income Tax.Between undergraduate and law school, Jackson took a year to play competitive hockey for the Sun Valley Suns. After taking the bar while awaiting results, he worked for the Democratic Party on the 2016 Presidential and Wisconsin state elections.Away from the office, Jackson is the head coach of the Santa Clara University hockey team. He enjoys playing golf and hockey, particularly with friends and family. Litigation State Bar of California United States District Court for the Northern District of California United States District Court for the Eastern District of California
Evan Louis MillerThis page is under construction. Litigation State Bar of California
Paul A. AguilarThis page is under construction. Litigation
Blithe S. BockBlithe Bock joins Burke after an outstanding 25-year career with the Los Angeles City Attorney's Office. At Burke, she will expand her practice to represent public entities throughout the state before the Ninth Circuit, United States Supreme Court, California Court of Appeal, and California Supreme Court.Blithe has been a Certified Appellate Specialist since May 2011, and she was elected to the California Academy of Appellate Attorneys in May 2023. Blithe teaches legal writing at USC Gould Law School, and she has taught legal writing at local law schools since 2016. She also teaches an MCLE in Legal Writing which offers both general and Appellate Specialization credit.Blithe began her legal career in 1992 at a small firm, where the City of Los Angeles was her main client. In 1999, she joined the City Attorney's Office as a trial court litigator, representing the City and its employees in employment litigation matters. Even as a trial lawyer Blithe regularly handled appeals, and she scored her first published opinion on behalf of the LAPD in 2000, in Rosales v. City of Los Angeles.In 2002, she moved to the Civil Appeals Division, which handles the City’s civil appeals on a broad range of issues, where she practiced before the California Court of Appeal and Supreme Court, the Ninth Circuit, and the U.S. Supreme Court.In 2016, Blithe was appointed Supervisor of Civil Appeals. Under her leadership, the Division regularly conducted MCLE courses. It also obtained numerous published Opinions in areas significant to public entities including public employment retaliation (Francis v. City of Los Angeles), homelessness (LA Alliance for Human Rights v. County of Los Angeles), and dangerous condition of public property and communicable disease (Wong v. City of Los Angeles). Blithe’s personal victories include published opinions in a similar array of cases of great importance to public entities including public employment discrimination (Diego v City of Los Angeles, Atkins v. City of Los Angeles); dangerous condition of public property (Prokop v. City of Los Angeles); civil rights (Sanchez v. Canales, Mulligan v. Nichols, 835 F.3d 983 (9th Cir. 2016); and unlawful arrest (Szajer v. City of Los Angeles, Hart v. Parks).She has also penned numerous Amicus Curiae briefs on behalf of the City of Los Angeles and Cal Cities (formerly the League of Cities) in significant areas for public entities such as inverse condemnation (City of Oroville v. Superior Court), public employee personnel files (Poole v. Orange County Fire Authority), and sexual orientation discrimination and same sex marriage (Obergefell v. Hodges).Blithe graduated with Special and Department Honors from the University of Chicago in 1987, then UCLA School of Law in 1992. Employment Law and Litigation State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Los Angeles County Bar Association Appellate Courts Committee for the Los Angeles County Bar International Municipal Lawyers Association
Davin A. WidgerowDavin Widgerow is a partner in Burke’s San Diego office. He received his J.D. from the University of Madison, Wisconsin, in 2011, and his B.A. cum laude in Political Science from the University of California, Berkeley, in 2005. Davin has extensive experience representing public agencies in both advisory and litigation roles, including as a Deputy City Attorney for the City of San Diego, and a Deputy Attorney General for the California Department of Justice.Davin is familiar with the full range of laws affecting California public agencies, particularly in environmental and land use law. He has special expertise advising agencies and litigating cases involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the Clean Water Act, CERCLA, hazardous waste laws, toxic tort law, and a suite of related laws and regulations involving air quality, water quality and flood control, public contracting, open meetings laws, and the Public Records Act, among others.Davin is also an experienced litigator, and has handled cases involving CEQA, air quality regulations, insurance coverage disputes, and permitting and hazardous waste issues.In his spare time, Davin loves backpacking, hiking, photography, and spending time with his nephew and niece. Public Law State Bar of California United States District Court for the Central District of California
Deann R. RivardDeann Rivard is a senior associate in Burke’s Los Angeles office. Deann represents law enforcement officers and law enforcement agencies in civil rights violations lawsuits.Previously, Deann was a Deputy District Attorney at the Los Angeles County District Attorney’s office where she responded to officer-involved shootings and in-custody deaths, prosecuted multiple murder cases, prepared and argued numerous motions. She has completed over 60 felony jury trials.Deann was a police officer with the Los Angeles Police Department for 9 years after becoming a lawyer. Law Enforcement Defense Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Tiffiny M. FoxTiffiny M. Walls-Fox is an experienced civil litigator and trial lawyer who takes an entrepreneurial and efficient approach to helping clients resolve their most daunting legal challenges. In her career, she has first or second chaired five trials, including three jury trials. In her most recent trial, Tiffiny secured a defense verdict within 45 minutes of deliberation after a three week jury trial. Tiffiny has successfully negotiated hundreds of litigated and non-litigated matters, involving business disputes, general liability, products liability, premises liability, wrongful death, and catastrophic injury cases.Tiffiny’s practice consists of performing Examinations under Oath in tandem with the special investigations unit for insurance carriers, advising and representing businesses in transactional and litigated matters, and defending public entities such as cities, school districts, utility companies and transportation agencies. In this vein, she drafts and negotiates contracts, advises business owners, ensures compliance with applicable laws and regulations, in addition to litigating contract and business disputes, insurance claims (general liability, property and casualty), claims in defense of employment-related matters, claims of dangerous conditions of public property, and claims of liability stemming from the wrongful conduct or negligent acts of employees. These defenses range from roadway design, to the protocols and practices for ensures compliance with applicable rules and regulations, maintaining streets, sidewalks, and infrastructure, to urban forestry.While Tiffiny’s practice focuses on public-entity defense, she has extensive experience in complex civil litigation, insurance defense, and investigating insurance fraud. Tiffiny is also a thought leader in the development and implementation of DEI programs and initiatives to attract, retain, and mentor diverse attorneys to promote the evolving need for a diverse legal community. Litigation State Bar of California United States District Court for the Central District of California Chief Executive Officer, Walls Family Scholar Athlete Foundation (September 2023 – Present; Executive Vice President (March 2007 – August 2023) Board of Governors and Member, Beverly Hills Bar Association (October 2022 – Present) Board Member, UCLA UniCamp Board of Trustees (September 2014 – Present) Member, City Club Los Angeles (December 2022 – Present) Founder, 1st Fridays – all professions monthly networking event (September 2019 – Present) Board Member and Member, Santa Monica Bar Association (October 2019 – October 2022) Chair, University of Miami School of Law Young Alumni Committee (2011 – 2016)
Zachery A. LopesZachery joins the firm with several years of experience in all matters of public sector collective bargaining. This includes serving as a lead negotiator, administrative litigator before local adjudicative bodies, contracted adjudicators, and the California Public Employee Relations Board ("PERB"), and civil litigator in both state and federal courts with an emphasis on collective bargaining and public law matters.Zachery is also an experienced appellate litigator, having served as lead counsel for and argued matters before several state courts of appeal and the Ninth Circuit Court of Appeal, and lead counsel before the United States Supreme Court on behalf of several large entity clients as amicus curiae. He is also experienced with public employee disciplinary matters.Zachery received his law degree with distinction from the University of Pacific, McGeorge School of Law. He is a member of the Roger J. Traynor Society, McGeorge's scholastic honor society. He received his Bachelor of Arts from the University of California, Davis, with majors in political science and philosophy, and is an alumnus of the University of California Washington Center. Zachery is currently a graduate student at the University of Southern California's Sol Price School of Public Policy. Employment Law and Litigation Labor Relations Litigation State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California California Lawyers Association - Public Law Section
Marc Barraza TranMarc Barraza Tran is an attorney in Burke’s Public Law practice group. Marc’s practice includes both litigation and transactional representation pertaining to public law and constitutional law. His practice also includes housing, real estate, land use and zoning, and environmental law.He previously served as the City Attorney for the City of Adelanto, Assistant City Attorney for the cities of Bell Gardens and La Puente, and Deputy City Attorney for dozens of cities throughout the state.Marc earned his law degree from the University of California, College of the Law, San Francisco (formerly Hastings College of the Law), where he was Production Editor for the Hastings Communications and Entertainment Law Journal. During law school, he served as judicial extern for the Honorable Virginia A. Phillips of the U.S. District Court for the Central District of California and the Honorable Carol D. Codrington of the Fourth District Court of Appeal. He also interned with the San Francisco City Attorney’s Office, the San Francisco Board of Supervisors, and the AIDS Legal Referral Panel.Prior to attending law school, Marc was a community organizer in the Inland Empire. He earned his undergraduate degree, cum laude, from the University of California, Riverside. He is licensed to practice law in the State of California.In his spare time, he enjoys cooking and whittling. Public Law State Bar of California
Alan M. CohenAlan brings thirty-years of experience to the firm’s Public Law, Labor and Employment and Litigation Practice groups. Alan is a trusted solution-oriented advisor whose public agency devoted practice spans fifteen years as in-house counsel for the cities of Alameda and Vallejo and over a decade in private practice defending public agencies and their law enforcement agencies in civil rights and tort liability cases.Alan’s specialties include municipal governance, police practices and procedures, labor and employment, energy and utilities, risk management, code enforcement, public contracting and procurement, public finance, the Brown Act, the Fair Political Practices Act and the Public Records Act.He provides a broad range of counseling, regulatory, litigation and transactional services to locally owned and operated utilities including electric power generation, alternative, renewable and clean energy, power purchase agreements and transmission and interconnection agreements.Alan’s litigation experience includes federal and state trial court and appellate practice which includes police liability and civil rights litigation, dangerous condition and personal injury claims, inverse condemnation, land use, employment, breach of contract, unlawful detainer, tax, public finance, wrongful death lawsuits and writ/mandamus proceedings. In addition, his experience as a litigator provides him with a unique perspective on lawsuit avoidance and he frequently provides counseling, advice, and training to his public agency and law enforcement clients on litigation avoidance, including claims handling and investigation, police policy development and training and sidewalk liability. Constitutional Law Employment Law and Litigation Labor Relations Litigation Public Law Tort Claims and Products Liability State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Eastern District of California United States District Court for the Northern District of California United States Tax Court
Anna G. BarkerAnna (“Annie”) Barker is an associate in Burke’s Los Angeles office and a member of Burke’s Labor and Employment practice group.Annie earned her J.D. from UC Irvine School of Law with Pro Bono High Honors. During her summers, she interned with the Children’s Law Center of California and the University of California Office of the President (UC Legal). In Fall 2022, Annie externed full time with the U.S. Department of Justice, Office of Civil Rights, Educational Opportunities Section in Washington D.C.During law school, Annie spent two years as a Certified Law Student representing domestic violence survivors in all stages of civil litigation through UCI’s Domestic Violence Clinic. She received the Faculty Award for her work in clinic.Prior to law school, Annie worked as a Student Affairs Officer at UCLA. She graduated magna cum laude from Loyola Marymount University with dual Bachelor of Arts in English and Theatre Arts. Employment Law and Litigation Labor Relations State Bar of California
Solange Z. FortenbachSolange Fortenbach is an associate in Burke’s Public Law and Litigation practice groups. Solange earned her Bachelors at New York University where she double majored in Politics and Environmental Science. At NYU, Solange was on the Moot Court team and later interned in Washington D.C. at the U.S. Department of Justice in the Environment and Natural Resources Division.Solange earned her J.D. from the University of California, Irvine School of Law. During her first semester at law school, Solange interned at the ACLU Southern California, working advocacy hotlines for incarcerated individuals living in OC jails. Furthermore, for three semesters, Solange co-led a letter writing program where students wrote and advocated for individuals living in Orange County (OC) jails.Solange focused her schooling on refining speech and writing skills. She was a quarter finalist in UCI’s Moot Court competition and received the Faculty Award in both Supreme Court Litigation and Trial Advocacy. Litigation Public Law State Bar of California
Lee BurdickLee Burdick provides legal representation for cities, counties and other public agencies as Assistant City Attorney, County Counsel, and special counsel. Lee currently serves as Assistant City Attorney for the cities of Rohnert Park and Pacifica. She previously has served as County Counsel for the County of Kings, Deputy County Counsel for the County of Madera, and Assistant City Attorney for many cities, including Clovis, Lemoore, Salinas, Greenfield, Parlier, and Firebaugh. Her practice includes advising city councils, boards of supervisors, and staff in all areas of municipal law issues, such as board governance, employment and personnel matters, CEQA, code enforcement, conflicts of interest laws, contract review, elections, Government Tort Claims Act, initiatives, referenda, land use and planning, workplace investigations, and open meeting laws. Lee’s other areas of specialty include various kinds of litigation and appellate advocacy. She is experienced in both state and federal trial and appellate courts, including written appearances in the U.S. Supreme Court. Litigation Public Law State Bar of California, 1991 State Bar of Maryland, 1989 (inactive) District of Columbia Bar, 1989 (inactive) Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Federal Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California American Association of Workplace Investigators
Veronica GrayVeronica began her legal career at a municipal law firm representing the City of Santa Cruz and other public agencies local to the South Bay and the Santa Cruz areas where she advised on First Amendment issues, drafted ordinances, resolutions, and agenda reports, and reviewed contracts. Veronica also handled Gun Violence Restraining Order hearings and Public Record Act requests.Veronica earned her J.D. from UC Law, San Francisco (formerly UC Hastings) with a concentration in Government Law in 2022. While in law school, Veronica was an executive editor on the UC Law Constitutional Quarterly Law Journal and received a CALI award for the highest grade in Constitutional Law I. Veronica joined the UC Law SF’s Legislation Clinic where she externed with State Senator Henry Stern. During the summers, Veronica interned at the San Francisco’s Department of Police Accountability and the Construction and Public Contracting team of the San Francisco City Attorney’s Office. In 2019, Veronica received her B.A. in Politics from UCSanta Cruz, where she focused on American elections and election policy. Public Law State Bar of California Bar Association of San Francisco
Robert C. ChojnackiRobert Chojnacki is a senior associate in Burke’s Eminent Domain and Litigation Practice Groups. He has represented clients in all aspects of litigation in California and federal courts.Robert has extensive experience advising and litigating on behalf of public entities throughout California in cases involving eminent domain, inverse condemnation, and land use. He also has experience defending clients in cases involving general liability, professional liability, personal injury, wrongful death, and aviation.Robert has been trial counsel in five eminent domain jury trials, and two professional liability jury trials.Robert is a graduate of U.C. San Diego, with honors in American History. He obtained his J.D. from the University of California San Francisco, Hastings College of the Law.Robert is admitted to practice in the state courts of California, Nevada, and Hawaii. He is also admitted to practice in the U.S. District Courts for the Northern, Eastern and Central Districts of California. Eminent Domain Litigation State Bar of California State Bar of Nevada State Bar of Hawaii United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California
Viviano E. AguilarViviano focuses his practice on employment litigation. He has successfully navigated a variety of litigation matters including employment, trade secret, ADA, and business cases. Viviano has extensive wage and hour class-action experience. He also represents employers before the various administrative law courts, such as the DLSE (“Labor Commissioner”), WCAB and OSHAB.Viviano is a black-belt in Brazilian Jiu-Jitsu, a martial art he has practiced for the last 13 years. Employment Law and Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California American Bar Association, 2012-present Kern County Bar Association Young Lawyers Division Director, 2017-2020 Kern County Bar Association, 2015-present CSU Bakersfield Pre-Law Advisory Committee, 2020-present
Lisa N. MaxwellLisa Maxwell is a member of Burke’s Real Estate and Business Law practice and Public Law Practice, which allows her to combine and leverage her experience representing private clients with her experience representing public agencies.Lisa has extensive experience in real estate including, development, public/private partnerships, construction, asset management, purchase and sale, leasing, workouts, commercial contracts and common interest law. Lisa represents and advises private clients and public agencies on complex real estate transactional and leasing matters. She routinely negotiates and prepares transactional documents including, exclusive negotiation agreements, term sheets, disposition and development agreements, lease disposition and development agreements, purchase and sale agreements, leases (ground, retail, office and industrial), licenses, easements, telecommunication agreements, cost sharing agreements and covenants, conditions and restrictions, while also handling ancillary matters such as title review, due diligence and closings. Lisa regularly advises on Surplus Land Act issues.Prior to joining Burke, Lisa served as the Community Development Director for the City of Alameda, and as an Assistant City Attorney for the Cities of Alameda and Oakland. As Alameda’s Community Development Director, Lisa oversaw the continued development of Alameda Point, a former Naval Air Station, while also managing the City’s real estate leasing program, economic development division, public art program, affordable housing programs, and homelessness and social service programs. Lisa led the team that obtained grants from the State and the County of Alameda, which allowed for the construction of a transitional supportive housing community in Alameda.Lisa’s 30 years of legal experience have included serving as California general counsel for a public homebuilder, as well as in-house counsel for a real estate private equity firm.Lisa currently serves on the Board of Directors of Alameda Point Collaborative, a non-profit serving the unhoused. Public Law Real Estate and Business Law State Bar of California Alameda Point Collaborative, Board Member Community Learning Center Schools, Past President/Board Member
Robin M. PearsonRobin Pearson is an experienced trial lawyer who has effectively litigated cases involving a broad range of business and commercial matters. She has experience in contract disputes, unfair business practices, real estate, insurance, employment, professional liability, and construction disputes and creditors rights in federal bankruptcy. Robin has argued before the Ninth Circuit Court of Appeal and is also an accomplished negotiator with extensive mediation experience.Robin’s commercial litigation matters include Section 17200 matters alleging unfair business practices. She has represented lending institutions, corporate and individual clients in breach of contract actions. In addition, Robin has litigated cases involving trademark and trade secret issues relating to the use and ownership of proprietary inventions in diverse industries. She has also represented title insurance companies relating to coverage disputes, insurance, bad faith, escrow negligence and fraud.Robin’s real estate practice includes but is not limited to environmental impact review under the California Environmental Quality Act and the National Environmental Policy Act. Her past representations include breach of contract and fraud cases, commercial landlord-tenant disputes, restrictive covenant and easement litigation, and quiet title, nuisance, adverse possession, zoning, and land use matters.Robin’s construction litigation experience includes performance of construction contracts, defense of mechanic’s liens, stop notices, payment and performance bond claims, construction defect and insurance claims. She also has experience obtaining private right of ways and easements, sitting wireless antennas and towers, securing permits for construction projects and negotiating pole attachments.Finally, Robin has represented corporate and individual clients in race, gender, age, and disability discrimination cases. Litigation State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Contra Costa Bar Association, President (2008) Black Women Lawyers of Northern California, President (2009) State Bar Counsel of Access and Fairness, Chair (2016)
Iudis “Dasha” SominskaiaDasha Sominskaia is an associate in Burke’s San Francisco office and a member of Burke’s Litigation and Public Law practice groups. Dasha’s areas of practice include public entity defense, general business litigation, and general counsel work for municipal and private clients. In addition, Dasha regularly takes on pro bono child custody cases through the Justice and Diversity Center’s pro bono program serving low-income clients.Before coming to Burke, Dasha worked as an associate for an established class action and complex litigation law firm in Oakland, litigating a wide range of complex class action cases, including defective products, financial fraud, securities, and sexual assault. Dasha’s background also includes working as a corporate paralegal at a top tier firm in the Pacific Northwest. Her insider knowledge about corporate practices offers a helpful perspective, and enables case teams to deploy unique litigation strategies as a result.Dasha graduated cum laude from Seattle University School of Law in 2021. While in law school, Dasha was a staff editor for the Seattle Journal of Technology, Environmental, and Innovation Law, received a CALI award for earning the highest grade in Torts, and was recognized by the Alpha Sigma Nu honor society for her achievement being in the top 4% of her class. During her 3L year, Dasha externed for Associate Chief Justice Charles W. Johnson at the Washington Supreme Court, which helped her develop an understanding of a judicial chambers’ inner workings and further enhanced her legal research and strategy skills.As a college student, Dasha engaged in community building and advocacy work. In 2015, Dasha was selected for the 36 under 36 award by the Jewish Week in recognition of her outstanding advocacy for LGBTQ+ people within the Orthodox Jewish community, including at Yeshiva University, where she received her undergraduate degree in psychology and creative writing. Her participation in the art activism project “Jews of New York” was recognized by the Boston Globe, Jerusalem Post, NY Daily News and other media outlets.Dasha is fluent in Russian and proficient in Hebrew. Litigation Public Law State Bar of California United States District Court for the Central District of California United States District Court for the Northern District of California Jewish Bar Association of San Francisco Eastern European Bar Association Bay Area Lawyers for Individual Freedom (BALIF)
Tyler K. MarstenTyler Marsten is an associate in Burke’s San Jose office. Tyler earned both his J.D. and M.B.A. degrees from Santa Clara Law School and Business School in 2022, and his B.A. in Political Science from the University of San Diego in 2018.During law school, Tyler interned at both a Family Law firm and a software company. He also worked at a sports agency that represents women professional soccer players. Tyler was also an active member in the Sports and Entertainment Law Society (SELS). Following law school, Tyler worked as an associate at a Workers’ Compensation defense firm based out of Oakland for a year before switching over to Burke’s litigation practice.A Bay Area native, Tyler currently lives in San Francisco and enjoys exploring the city with his dog, Riley. Tyler is a fan of the Golden State Warriors, San Francisco 49ers, and San Francisco Giants. In his free time, Tyler snowboards, surfs, hikes, and attends live music events. Litigation State Bar of California
Andrew R. BogardAndrew Bogard is an associate attorney who works with clients in the construction industry, which includes general contractors, developers, and subcontractors throughout California. Andrew also has experience in construction defect, personal injury, real property, and workers’ compensation.Andrew graduated cum laude from Pepperdine University Caruso School of Law in Malibu, California. Andrew additionally received a Certificate in Dispute Resolution from the Pepperdine Strauss Institute for Dispute Resolution, and was also awarded a CALI Award for Academic Excellence in Remedies. During law school, Andrew served as a staff member on the National Association of Administrative Law Judiciary (NAALJ) and was a member of the Federalist Society and the Sports and Entertainment Law Society.Prior to attending law school, Andrew graduated from Texas Christian University (TCU) with a double major in Finance and Business Information Systems. Upon graduating from TCU, Andrew worked as a Consulting Analyst for Cerner, a global healthcare information technology provider.In his free time Andrew enjoys reading, watching and playing sports, and being outdoors with his Border Collie, Ivy. Construction Law Real Estate and Business Law State Bar of California National Association of Administrative Law Judiciary Kevin P. McCarthyGeneral contractors, developers and subcontractors in California turn to Kevin McCarthy for his knowledgeable legal counsel on corporate/construction risk management, asset protection, contract negotiation and construction defect litigation matters. Kevin skillfully helps those in the construction industry that are responsible for building the region’s office towers, residential developments and retail centers proactively mitigate liability and risk. When conflicts do arise, he advises clients on applicable insurance coverage in relation to disputes, which have a significant focus on construction failure, resultant property damage, diminution in value, and related claims.Kevin is an experienced litigator handling jury trials, bench trials, arbitrations, and multi-party mediation and dispute resolution on behalf of both defendants and plaintiffs. With a track record of litigation success and a commitment to economic, responsive and efficient client service, Kevin offers clients the valuable legal counsel they need to get the job done. Construction Law Real Estate and Business Law State Bar of California State Bar of Colorado (inactive) United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California American Bar Association
Craig A. KisyliaCraig Kisylia works with owners, civil, commercial, and residential contractors, subcontractors, and suppliers in the construction and real estate industries to solve their most complex legal challenges. Craig counsels clients on risk management, contract negotiations and construction claims and disputes including payments, delay and disruption, and construction defects. He is experienced in and manages all phases of litigation, including legal research, discovery, motion practice, and dispute resolution proceedings.During law school, Craig was the External Vice President of the Santa Clara University Law and Business Society and served as Chairman of the Advocacy Committee for the Honors Moot Court Internal Competition. Construction Law Litigation Real Estate and Business Law State Bar of California
Bryce D. CarrollAs a construction litigation attorney, Bryce Carroll works with the firm’s clients to develop creative litigation strategies to address their legal challenges in an economic and expeditious manner resulting in the best possible outcome for their business. General contractors, subcontractors, developers and owners turn to him for his experience navigating all aspects of construction litigation including claims for contract disputes, delay claims, insurance coverage, defective construction, toxic mold and personal injury. In addition to litigation matters, Bryce advises and counsels his clients in all phases of the construction process from bid preparation, contract negotiation and pre-claim issues.Bryce uses his understanding of the nuances of construction law, creative problem solving and collaboration to ensure his clients find resolutions that benefit their business in the short and long term. Throughout his twenty plus years of construction law practice, Bryce has worked for some of the region’s most notable owners, contractors and subcontractors to obtain successful resolutions to their most important business issues. On behalf of an owner, he recovered more than $5 million in damages and attorney’s fees following a four-week jury trial and indemnity involving the construction of underground utilities at four residential subdivisions in the California Central Valley. He also represented a Fortune 100 homebuilder in recovering excess of $10 million from subcontractor for warranty and repair work due to defective construction. Construction Law Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Legal Chair CMAA NorCal Chapter (2019-2022)
Lyndon Y. CheeLyndon Chee has over 20 years’ experience advising and litigating on behalf of public entities and a variety of private clients.After being admitted to the State Bar of California, Lyndon joined the Construction Team of the San Francisco City Attorney’s Office where he represented the City, San Francisco Unified School District and the Community College of San Francisco, in many areas of public contracting, including negotiating and drafting professional services contracts, overseeing the competitive bidding of construction contracts, responding to bid protests, advising department heads and project managers on public contracting and construction related issues, drafting enabling ordinances, and litigating construction disputes.Lyndon’s construction litigation experience also includes developing and executing pretrial strategy in multi-million dollar construction litigation arising from performance and payment bonds issued by surety clients, and in indemnity actions against bond principals. On behalf of surety clients in contractor default situations, Lyndon has negotiated completion conditions, drafted necessary documents, including takeover agreements, assignments, and subcontracts, provided legal support to surety and its technical experts during completion, and oversaw preparation and presentation of claims.Lyndon received his Bachelor of Arts in Microbiology and Immunology from the University of California, Berkeley (Go Bears!) in 1987 and his Juris Doctorate from the University of San Francisco in 1995. He was admitted to the State Bar of California in 1995 and is admitted to the U.S. Court of Appeals for the Ninth Circuit and U.S. District and Bankruptcy Courts for the Norther, Eastern, and Central Districts of California. Construction Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Allison B. HernandezAllison Hernandez is a senior associate in the Labor and Employment Practice Group, and a member of Burke's Workplace Investigations team.Allison works with private and public entities with an emphasis in personnel and labor relations. Allison regularly advises clients on labor and employment issues such as employee discipline including termination proceedings, layoffs, collective bargaining, grievances, medical leaves of absence, and disability accommodations. She also represents clients before the Equal Opportunity Commission, California Civil Rights Department (formerly known as the "Department of Fair Employment and Housing"), California Division of Labor Standards Enforcement, and California Public Employment Relations Board.Allison also regularly conducts impartial workplace investigations related to claims of sexual harassment, discrimination, wrongful termination, and various other complaints. She has experience conducting public sector workplace investigations involving sworn and non-sworn employees. Allison also has received certification through ATIXA as a participant in Level 1 and Level 3 ATIXA Civil Rights Investigator Trainings.Additionally, Allison oversees and advises clients on investigations conducted by outside neutral investigators. She also counsels clients on the investigation process and related legal issues.Allison also has experience providing employers with litigation solutions, and has defended employers in pre-litigation, arbitration and all phases of litigation against claims for discrimination, harassment, wrongful termination, retaliation and whistleblower claims. She is skilled in taking and defending depositions, drafting successful dispositive motions, and participating in all phases of mediation. Education Law Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California State Bar of Florida
Ghazaleh ModarresiPronouns: she, her, hersGhazaleh Modarresi is a partner in the Labor and Employment Practice Group, and a member of Burke’s Workplace Investigations team. Ghazaleh regularly conducts impartial and thorough workplace investigations in both the private and public sectors. She also assists clients with navigating internal investigations and oversees and advises clients on investigations conducted by other external investigators.In addition to her workplace investigations practice, Ghazaleh provides employers advice and counsel on day-to-day labor and employment-related issues. She works closely with her clients to develop appropriate strategies to avoid litigation and minimize potential exposure in the area of employee relations.Ghazaleh provides practical advice and counsel on wage-and-hour issues, leaves of absence, accommodation of disabilities, claims of harassment and discrimination, preparation and implementation of employment policies, advice on employee hiring, discipline and separations. She also conducts various workplace trainings, including mandatory sexual harassment prevention training for supervisory and non-supervisory employees.Prior to joining Burke, Ghazaleh worked at two well-respected Silicon Valley law firms, including an AmLaw 100 firm, where she exclusively represented businesses and management in all facets of California labor and employment law. Ghazaleh has defended employers in state and federal courts, arbitration, and before administrative agencies. Drawing on her years of litigation experience, Ghazaleh helps clients identify and avoid employment-related problems before they occur.Ghazaleh is a former adjunct clinical professor of the University of San Francisco School of Law, where she taught a course in the school’s Employment Law Clinic. She is called upon regularly as a speaker for conferences, seminars, and trainings addressing workplace investigations and employment law issues and developments. During law school, she was a judicial extern for Senior United States District Judge Susan Illston.Beyond her regular legal practice, Ghazaleh serves as a member of the Board of Directors of JW House, a non-profit organization that helps keep families together during times of medical crisis. Employment Law and Litigation Workplace Investigations State Bar of California United States District Court for the Central District of California United States District Court for the Southern District of California Santa Clara County Bar Association State Bar of California Labor and Employment Law Section Association of Workplace Investigators JW House, Board Member
Mariam SleimanThis page is under construction.
Timothy E. CampenTimothy E. Campen is the Assistant City Attorney for the City of Bellflower and the City of Monterey Park and Deputy City Attorney for the cities of Coronado, Solana Beach, and Lemon Grove. Tim focuses on code enforcement; tort, contract and employment litigation; land use and planning; and general municipal advisory responsibilities.Tim began the first seven years of his legal career at the San Diego City Attorney’s Office. His responsibilities included defending the City in general tort and complex public works litigation; working with the City’s redevelopment agencies; and advising the City on Americans with Disabilities Act compliance. Additionally, he served as Head Deputy City Attorney for the City’s nationally recognized Domestic Violence Prosecution Unit.Following his tenure with the City, Tim spent five years as a felony prosecutor with the San Diego District Attorney’s office. There he concentrated on family protection; major narcotics offenders; and internet crimes against children.After 12 years of public service, Tim entered private practice focusing primarily on civil litigation, including defending businesses and individuals in tort, contract and employment claims as well as representing plaintiffs in class action, employment, and consumer matters. Over the years, Tim has taken over 100 jury trials to verdict.In addition to his vast experience with litigation matters, Tim served as faculty with the Family Justice Center Alliance. In that capacity, he travelled throughout the United States, Europe, South America, and the Middle East, presenting trainings and working with civic leaders, judges, law enforcement, and advocates towards development of innovative coordinated community responses to family violence.Tim and his wife have found themselves outnumbered with three lovely children. In his free time, Tim sings and plays guitar in a rock ‘n roll band Litigation Public Law State Bar of California United States District Court for the Southern District of California
Eileen L. OllivierEileen is an associate in Burke’s Los Angeles office where she practices public law. Eileen represents and advises cities and other public agencies on a variety of municipal law and constitutional law matters. She has experience prosecuting and defending cases on behalf of public entities in areas of law, including, code enforcement, criminal nuisance activity, inverse condemnation, constitutional law and civil rights litigation, and premises liability. Eileen serves as counsel for the City of San Marino Design Review Commission. She regularly advises cities and public agencies on the Brown Act and the California Public Records Act and revises and drafts ordinances.Eileen earned her J.D. from the University of California, Hastings College of the Law with a concentration in government law, and a B.A. from the University of California, Berkeley. In law school, Eileen interned at the San Francisco City Attorney’s office and the ACLU of Northern California, and externed for San Francisco Superior Court Judge Andrew Y.S. Cheng in the Complex Litigation Department.Prior to becoming an attorney, Eileen was a community organizer for a direct services non-profit, where she advocated and lobbied for legislative reform surrounding racial justice and economic empowerment. Public Law State Bar of California Los Angeles County Bar Association
Justin A. TamayoJustin Tamayo is an associate in Burke’s Los Angeles office and a member of the Public Law and Eminent Domain practice groups.Justin’s practice consists of providing general counsel services, obtaining compliance with the municipal code, and assisting in public entity representation on complex eminent domain and inverse condemnation matters.Justin currently serves as Deputy City Attorney for the cities of Monterey Park and Bellflower where he advises the Planning Commission, and counsels Department managers and directors on general municipal law issues. In addition to land use, planning and zoning matters, Justin is skilled in public contracting, contract negotiation, and the Brown Act. Justin currently serves as a member of the League of California Cities Brown Act Committee.Before joining Burke, Justin served various communities in southern California as a city planner. He has extensive experience in land use entitlements, housing development, administration and management of general plans and municipal codes, compliance with the California Environmental Quality Act, and public hearings.Justin earned his J.D. from the University of La Verne College of Law where he was the Vice-President of the Student Bar Association and a Certified Law-Clerk in the College of Law’s Misdemeanor Appellate Clinic. During law school, Justin obtained licensure from the California Department of Real Estate and clerked for a construction law firm where he gained valuable experience in litigation and real property law.Justin graduated with a B.S. in Urban and Regional Planning from California State Polytechnic University, Pomona. Eminent Domain Public Law State Bar of California Los Angeles County Bar Association League of California Cities, Brown Act Committee
Connor T. MacLeanConnor MacLean focuses his practice on all areas of real estate, land use, and eminent domain issues. Connor advises dozens of cities and public agencies, as well as private landowners and developers, in all phases of the development process, including property acquisition, entitlement and administrative approvals, CEQA compliance, compliance with state housing laws, and negotiating real estate transactions and disputes.Connor has particular experience with the State Density Bonus Law, the Housing Accountability Act, the Housing Crisis Act, ADU law, and Housing Element Law. He has negotiated and drafted development agreements, purchase and sale agreements, and below-marked-rate rental and for-sale programs. Connor is also experienced in performing property diligence and assisting technical experts in preparing Draft and Final EIRs.In his work with private clients, Connor has helped advance all manner of projects, including high-density residential projects, multi-phased mixed-use projects, shopping centers, industrial warehouse development, resorts, and assisted living centers.In his work with public clients, Connor has experience advising cities on general plan updates, zoning code enforcement, issuance and revocation of conditional use permits, Housing Element updates, and tenant protection programs, the use of eminent domain for innovative house developments.Connor graduated from New York University School of Law, where he was a member of the Moot Court and an editor of Moot Court's annual Casebook. Eminent Domain and Inverse Condemnation Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California State Bar of New York United States District Court for the Northern District of California
Karen A. LeeKaren Lee is an associate in Burke’s Los Angeles office and a member of Burke’s Litigation practice group. Karen’s areas of practice include public entity defense, premises liability, dangerous condition of public property, and general tort litigation.Prior to joining Burke, Karen worked at an established medical malpractice defense firm, where she represented a prominent university in a multitude of lawsuits involving Title IX claims, regulatory issues, and intentional tort allegations. Karen also served as second-chair trial counsel in a case of alleged medical malpractice, in which the jury rendered a unanimous defense verdict.Karen is experienced in cases involving large teams of lawyers, including high-value litigation combined with internal and government investigations. Karen has experience in all phases of civil litigation, including motion practice, appearing in court for oral argument, all aspects of discovery, and preparing for trial. Karen has worked in a variety of different practice areas, including family law, immigration, workers’ compensation, and business litigation.During law school, Karen was a staff member of the Loyola of Los Angeles International and Comparative Law Review. Karen was a part of the Law Review’s Inter-American Court of Human Rights Project, where she created comprehensive summaries of judgments rendered by the Inter-American Court of Human Rights. Karen also volunteered as an advisor for the Dorsey High School Teen Court and as a mentor for the Young Lawyers Program.Karen graduated cum laude with a B.A. in Art History and a minor in Political Science from the University of California, Irvine. Litigation State Bar of California Women Lawyers Association of Los Angeles
Caylin W. JonesCaylin Jones is an associate in Burke’s Los Angeles office.While in law school, Caylin served as a staff member on the Journal of International Law where her article, “Saying I Don’t to Child Marriage,” was chosen for publication. She also worked as a research assistant in evidence law assisting in bringing the eighth edition of Norman Garland’s “Criminal Evidence” textbook up to date. Caylin received the Witkin Award for Academic Excellence in Civil Procedure and Contracts and the CALI “Excellence for Future” Award for Constitutional Criminal Procedure and Evidence. She also spent a summer working as a law clerk in the Los Angeles County District Attorney’s Office. Law Enforcement Defense Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California
Jasper L. HallJasper Hall is an associate in Burke’s Oakland office where his practice focuses on constitutional law, civil rights and tort liability matters.Jasper earned his undergraduate degree in Political Science and Psychology from the University of California, Santa Cruz. While there, he worked as a research assistant in the Psychology department focusing on psycholinguistics research. Prior to attending Santa Clara School of Law, Jasper worked in tech, on a political campaign, for state government, and in public affairs.At Santa Clara, Jasper was a finalist in the 1L Galloway Moot Court Competition, Semi-Finalist and winner of second best brief in the 2L Honors Moot Court Internal Competition, and a member of the Honors Moot Court Internal Board Problem Committee for the 2021 competition. Additionally, Jasper was a member of the ACLU and participated in the Immigration Appellate Clinic on campus. He also clerked for a number of judges in the Santa Clara County Family Court. Prior to joining Burke, Jasper worked for an insurance defense firm specializing in personal injury, construction defect, habitability and contract matters.In his free time, Jasper enjoys hiking and rock climbing throughout California and reading the newspaper while watching Premier League Soccer. Litigation State Bar of California
Brenda Aguilar-GuerreroBrenda Aguilar-Guerrero has represented public entities on complex eminent domain and inverse condemnation matters for more than 28 years. She has assisted clients with large, complex multibillion-dollar infrastructure projects requiring hundreds of acquisitions, as well as smaller scale projects throughout the state for a variety of clients.Brenda likes to get involved at the initiation of a project to ensure that her clients are following all state and federal regulations and laws. She attends project meetings, obtains rights of entry, drafts and/or reviews acquisition documents, works with consultants/clients to execute acquisition strategies, reviews appraisals for legal compliance, and negotiates with property owners; assists in drafting staff reports, resolutions of necessity and notices to property owners; prepares complaints and all documents required to file the condemnation action(s); obtains orders for prejudgment possession; and handles all litigation through the filing and recording of Final Orders of Condemnation.Brenda has served as lead counsel on right-to-take and jury trials for a number of clients. She has also defended clients sued for inverse condemnation, dangerous condition of public property, and nuisance claims. She has handled eminent domain and/or inverse condemnation actions for the Santa Clara Valley Transportation Authority, Council of San Benito County Governments, Bay Area Rapid Transit District, San Mateo County Transit District, Transportation Agency for Monterey County, Santa Cruz County Regional Transportation Commission, Central Contra Costa Sanitary District, County of Calaveras, County of El Dorado, County of San Benito, County of Yolo, Town of Los Altos, City of Dublin, City of Inglewood, City of Sacramento, City of San Leandro, City of Morgan Hill, City of Palmdale, City of Rancho Cordova, City of Tracy, City of South San Francisco, East Bay Regional Park District, Santa Clara Valley Water District, Glendale Housing Authority, Fremont Redevelopment Agency, City of Fremont, City of Elk Grove, County of Fresno, County of Napa, Napa County Flood Control and Water Conservation District, City of Brentwood, Hayward Unified School District, City of Antioch, and City of Saratoga. Eminent Domain Inverse Condemnation Litigation Public Law Real Estate and Business Law State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Eastern District of California United States District Court for the Northern District of California Board Member, Alameda County Bar Association, 2022 Member, Women Lawyers of Alameda County, Alameda County (past President) Member, Chapter 2 (San Francisco/Santa Rosa) and 42 (San Jose) of the International Right of Way Association UC Berkeley Alumni Delegate to the California State Legislature Member, East Bay La Raza Association, 2017 Program Co-Chair, Annual Northern California Eminent Domain Conference, CLE International, 2007-2022
Krishan S. ChopraKrishan Chopra is a seasoned general practitioner with more than 20 years of experience representing public agencies in California. Krishan began his career in private practice in Southern California representing cities, schools districts, and special districts, then transitioned to Northern California where he worked as a Deputy County Counsel for the County of Napa. Most recently, Krishan served as the City Attorney for the City of Mountain View after serving the City as both an Assistant then Senior Assistant City Attorney.Krishan’s practice specialties include land use and planning, environmental compliance (CEQA), governmental ethics and conflict of interest, public contracting and construction, initiative and referenda, Brown Act and open meeting compliance, and public records production. He brings many years of experience working as legal counsel to City Councils, Planning Commissions, and various advisory bodies, as well as working collaboratively with public agency staffs, focusing on providing practical solutions and the efficient delivery of legal services.Krishan graduated from Loyola Law School in 1997, and earned a Bachelor of Arts degree in English Literature and Classical Studies cum laude, from Colgate University in 1991. Public Law State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California
Meghan E. NihanMeghan Nihan’s practice focuses on real estate transactional matters and public/private partnership development matters. She has experience with purchase, sale, easement, license, and lease transactions; government purchases of property in lieu of condemnation; ancillary matters such as title review and due diligence; and advising clients on property management landlord/tenant issues.Meghan was previously an associate in the Corporate and Real Estate practice groups of two Southern California law firms. She was also an associate in the Eminent Domain practice group of a law firm based in Orange County for five years, where she advised staff during the planning phase of a public transportation project, drafted and negotiated purchase and sale agreements, and handled all aspects of eminent domain litigation if a voluntary purchase transaction was not consummated.During law school, Meghan completed environmental coursework. Early in her career, she worked as a Legal Fellow at Orange County Coastkeeper, whose mission is to protect the region’s water resources. Meghan’s work there included bringing lawsuits to enforce the Clean Water Act and reviewing and drafting comments regarding local policies or Environmental Impact Reports. Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California Orange County Bar Association St. Thomas More Society of Orange County Orange County Women Lawyers Association
Mark E. WilsonMark Wilson is a partner in Burke’s Labor and Employment Practice Group. Mark has provided representation at MOU grievances, multi-year contract negotiations, meet-and-confers, unfair labor practices, and disciplinary matters.Mark’s litigation experience includes labor arbitrations and civil litigation related to discrimination, whistleblower complaints, wage orders, FEHA/ADA complaints, and medical/family leave compliance, among others. He has represented clients in internal affairs investigations, external investigations, workplace investigations, criminal investigations, disciplinary actions, and appeals.Prior to joining Burke, Mark represented public sector unions. He also served as in-house counsel for a large trade association in Washington, DC and as a Legislative Advisor for a several members of the United States Senate. Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California
Natalie F. PriceNatalie Price handles a wide range of cases for public and private entities and their employees, such as employment defense, civil rights, class action litigation, dangerous conditions of public property, wrongful death, personal injury, and general government tort liability matters in state and federal trial and appellate courts.Natalie has co-chaired numerous jury trials. In the past two years, Natalie has obtained three defense verdicts—two FEHA disability discrimination, retaliation, and failure to accommodate cases in state court and a Title VII race discrimination and retaliation case in federal court. Prior to joining Burke, she second-chaired a USERRA case to a unanimous defense verdict and second-chaired a fatal officer-involved shooting trial wherein the involved deputy avoided an award of punitive damages against him. Additionally, Natalie has prepared and successfully argued trial documents and motions in limine in numerous cases which settled shortly before trial.A skilled writer, Natalie has achieved excellent results on dispositive motions and pre-trial rulings. With regard to her appellate practice, Natalie has successfully briefed and argued employment discrimination and civil rights matters before the California Court of Appeal and obtained an order from the Ninth Circuit affirming summary judgment in a 42 U.S.C. § 1983 and FEHA discrimination and retaliation case.Natalie advises clients regarding potential exposure, complex and novel legal issues, litigation budgets, and strategies to avoid future litigation. Natalie employs cost-sensitive legal strategies to achieve favorable results for clients.While in law school, Natalie externed for the Honorable Larry A. Burns of the United States District Court for the Southern District of California and at the San Diego Public Defender’s Office. Natalie served as a member of the San Diego International Law Journal, as Student Bar Association Vice President, and was extensively involved in the Moot Court program, where she argued before judges of the Ninth and Second Circuits and won national and intramural awards for her brief writing and oral advocacy skills. Constitutional Law Employment Law and Litigation Law Enforcement Defense Litigation State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Southern District of California Orange County Bar Association
Robert F. MessingerRobert Messinger practices in the areas of public agency real estate, land use, community and economic development, and general municipal law. He has represented a variety of municipalities, housing authorities, special purpose public agencies, and developers in a broad range of complex multi-party real estate transactions, land entitlement, Subdivision Map Act, and planning matters. Robert has extensive experience with real property transactions involving real property acquisition and disposition transactions, commercial leasing, ground leasing, options, easements, and licenses. Robert previously served for thirteen years with San Bernardino County Counsel, where he advised and represented the County’s Real Estate Services Department on all aspects of real property acquisition and disposition.Robert also has extensive experience assisting public agencies with airport matters, special purpose entity formation and governance, advising Local Agency Formation Commissions on reorganization matters, advising Countywide Oversight Boards in interpreting and implementing the redevelopment dissolution statutes, and the interpretation of and compliance with the Surplus Land Act.Robert is known for his commitment to helping his clients achieve their goals by providing pragmatic strategies and his ability to pursue a collaborative approach in order to achieve resolution. His commitment to delivering superior work product, exceeding client expectations through exceptional service, integrity, and results are the personal values that form Robert’s client relationships. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California State Bar of Colorado
Rachel E. BalchumRachel Balchum is a senior associate in Burke’s Labor and Employment Law Practice Group. Rachel represents public and private employers and individuals in employment disputes, including in the areas of discrimination, harassment, retaliation, wrongful termination, and wage and hour. She provides preventative counseling regarding employment practices, including COVID-19 issues, as well.In addition, Rachel represents clients in trust and estate, financial elder abuse, and business litigation.During law school, Rachel served as a legal extern at the United Nations Development Programme in Guatemala. Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California United States District Court for the Northern District of California San Francisco Jewish Family and Children’s Services Program and Planning Committee, Donor Circle Committee, and 2019-2020 New Leaders Fellow Bar Association of San Francisco Former Beverly Hills Bar Association Barristers Board of Governors, Pro-Bono Committee Co-Founder, and Holiday Community Outreach Project Committee Co-Founder American Bar Association Bet Tzedek Legal Services Justice for Seniors and Employment Rights Project—Volunteer Attorney
Leila Moshref-DaneshLeila is an accomplished environmental and land use attorney. With a background in local government, Leila is able to lend years of on-the-ground, real world experience to her clients navigating the ins and outs of local laws and regulations. Leila’s particular expertise is in the California Environmental Quality Act (CEQA) with special focus on Environmental Impact Reports (EIRs) – from consultant selection to document preparation and review, to AB 52 consultation, and all the way through certification and project approval. Leila also practices land use law, advising both private and public clients throughout the entitlement process, and has drafted a number of local ordinances.Recently, Leila provided environmental and land use advice for two large-scale development projects, including a Southern California hospital expansion and multi-use office, residential, and retail development in Silicon Valley.Leila is currently a member of the California Special Districts Association Legal Advisory Working Group, and chairs Burke’s Pro Bono/Civic Engagement Committee. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California Riverside County Bar Association California Special Districts Association Legal Advisory Working Group
Mary Anne WagnerMary Wagner practices public law, with an emphasis on land use, housing, and real estate. Mary regularly advises public agencies on development projects, including negotiating development agreements and updating general plans, specific plans, and zoning codes. She represents numerous cities throughout the State on the updates to their Housing Elements. Prior to joining Burke, Mary served as the City Attorney for the City of Sausalito for 20 years. Mary is currently the General Counsel to the South San Francisco Housing Authority and Assistant City Attorney for Benicia.In representing cities, Mary brings her practical approach, legal expertise, and serves as an active member of the team. In Sausalito, she was part of a Management Academy that trained Sausalito and other Marin County jurisdiction employees the skills needed to move into management.Mary believes in proactive representation. She has presented on conflicts of interest and the Brown Act. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California Marin County Bar Association Order of the Coif Thurston Society
Gena B. BurnsPronouns: she, her, hersGena Burns is a partner in Burke's Labor and Employment and Public Law Practice Groups. Gena provides municipal law services to public agencies throughout California.Gena’s practice includes providing advice to department heads and public agency officials, serving as lead labor negotiator for public entity negotiations, and advising and representing employers on discipline issues. She has drafted contracts, resolutions, ordinances, administrative policies, and employee handbooks. She regularly advises municipal clients on labor and employment matters, open meeting laws, and the California Public Records Act.She has represented clients in both state and federal court, as well as in administrative settings. She has successfully handled cases before the Public Employment Relations Board and the National Labor Relations Board.Gena enjoys delivering training on a variety of legal matters, including social media for public agencies and officials.Gena currently serves as Deputy City Attorney for the City of San Clemente and is counsel for several commissions.Gena graduated cum laude from the University of California, Hastings College of the Law. While in law school, she was a member of the UC Hastings Business Law Journal and studied at the University of Leiden in the Netherlands. Employment Law and Litigation Public Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California California Public Employers Relations Association City Attorneys Association of San Diego
Elizabeth A. MitchellElizabeth Mitchell handles all legal issues confronted by local agencies and special districts from advice regarding board and legislative actions, administrative policy implementation, open meetings, election laws and effective government to claims avoidance, mitigation and processing, negotiations, advisory and transactional law, labor and employment law, water law, public contracts, insurance, liability issues, real estate, leases, easements and development agreements, low income housing projects, civil rights, regulatory compliance, code enforcement, public works, infrastructure and rate setting. Admitted to the California State Bar in 1999, Elizabeth utilizes her extensive background as a trial attorney in civil litigation and business transactions to help public agencies, municipalities, special districts, joint power authorities, non-profits and businesses avoid potential future legal problems before they arise. She has been focusing on public interest law since 2015, but also has a corporate and transactional practice.Before joining the firm, Elizabeth was a partner in the litigation department of one of San Diego’s premiere mid-size business defense firms. Her sophisticated trial practice included international and multi-district civil litigation in state and federal court, unfair competition and trade secret cases, intellectual property, creditors’ rights, environmental causes, large corporate bankruptcies and American with Disabilities Act claims, among others. She also has experience with all aspects of transactional and corporate advice, contracts, negotiations, compliance and strategic planning, leases, franchises, acquisitions and other complex corporate work. Elizabeth also spent time at a boutique plaintiff’s class action firm pursuing high profile public interest cases including privacy and constitutional rights, labor and employment law, health care and technology, false advertising and the Lanham Act. Before law school, she served as a legislative intern for the majority chairman of the House of Representative’s Education Committee.Elizabeth is now the City Attorney for the City of San Clemente, General Counsel for Vista Irrigation District, the Assistant City Attorney for the City of Solana Beach, the Assistant City Attorney for the City of Coronado, Assistant General Counsel for Clean Energy Alliance, and the Assistant General Counsel for SBCS Corporation, putting her diverse background to work for local government, special districts, non-profits and businesses throughout California. Public Law Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Southern District of California United States District Court for the Northern District of California United States District Court for the Central District of California United States District Court for the Eastern District of California City Attorneys Association of San Diego California Special Districts Association San Diego County Bar Association Lawyers Club of San Diego
Johanna N. CanlasJohanna Canlas serves as City Attorney for the cities of Solana Beach and Coronado. She is General Counsel of the successor agencies to the Community Development Agency for the City of Coronado and the Solana Beach Redevelopment Agency. Johanna is the General Counsel to SBCS Corporation fka South Bay Community Services, a community-based nonprofit organization providing a comprehensive range of services for children, youth, and families in San Diego county.Johanna served as the General Counsel to Solana Energy Alliance (SEA), the first Community Choice Energy program in the San Diego region prior to its merger into Clean Energy Alliance (CEA).Johanna represents clients in all matters affecting public agency and non-profit governance, from day- to-day decision-making and operations to long-term policy implementation. These include land use, zoning and planning, environmental review and compliance, public contracting, labor and employment, real estate transactions, and intergovernmental relations.Johanna is active with CalCities (League of California Cities). She was an inaugural member of the City Attorney’s Department Emergency Response Committee. She also served as the San Diego County Division Representative to the Legal Advocacy Committee. She is a past president of the City Attorneys Association of San Diego.As a former prosecutor, Johanna has invaluable jury and court trial experience. She brings with her an inherent understanding of quality of life issues. She established programs working with stakeholders including law enforcement, businesses and resident groups to achieve practical and pragmatic solutions to community concerns.Johanna has proven an effective advocate for clients. She has represented them before regional boards, state permitting agencies, and federal regulatory bodies. She built relationships she can draw upon to facilitate open dialogue and reach common ground when available. While Johanna provides constructive and practical legal advice to her clients, she will zealously defend them when needed. She prioritizes her relationships with clients, many of which span more than a decade. Employment Law and Litigation Environmental Land Use and Natural Resources Labor Relations Litigation Public Law Real Estate and Business Law State Bar of California United States District Court for the Southern District of California San Diego County Bar Association Lawyers Club
N. Richard ShreibaRichard Shreiba is an Associate in Burke’s Orange County office where he provides advice and council to public and private entities on labor and employment matters. Richard is experienced in providing employers with practical solutions to every-day personnel related issues, as well as representing employers throughout the various stages of litigation in both state and federal courts.Richard’s experience includes assisting employers throughout the employee discipline process, preparing workplace policies and handbooks, preparing executive employment agreements, advising employers with leave related issues, guiding employers throughout the interactive process for workplace disability accommodations, and presenting workplace trainings.Richard has represented public entities at various different levels of government, and private entities that varied from small regional businesses to large national enterprises.During law school, Richard clerked for multiple public entities. Richard’s experience and passion for serving public and non-profit entities enables him to provide exceptional service and creative solutions for his clients.Richard’s first career as a manager in the financial services industry enables him to provide employers with practical strategies and creative alternatives to solving employment personnel issues while simultaneously complying with state and federal employment laws.During his free time, Richard loves to enjoy the outdoors and catching a baseball game whenever possible. He enjoys spending time at the beach, Angel stadium, and hiking state and national parks with his family. Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Orange County Bar Association California Bar Association
Robert L. TheiringRobert Theiring, who had lived most of his life in the greater Los Angeles area, found a new home in San Diego while serving in the United States Navy on board the USS Chancellorsville (CG-62) in 2010. Throughout the course of his formal higher education, he earned externships with three federal judges in the Southern District of California including, The Honorable Karen S. Crawford, The Honorable Anthony J. Battaglia, and The Honorable Bernard G. Skomal. Robert achieved repeated success in a series of honors, veteran and legal societies, and competitions to add experience to his established passion. Some of these achievements include gaining membership to the California Western Law Review as an Associate Editor (via his article being chosen for publication) and Executive Board Member for the Moot Court Honors Board. As a competitor on the Alternative Dispute Resolution Travel team, Robert achieved success in various competitions around the country including 2nd Place at the ABA Mediation Regional Competition held in New York. He gained invaluable skills and extensive training in order to best represent his clients as a result of these achievements. Following law school, Robert was honored to be admitted to the University of Southern California Gould School of Law and graduated in 2019 with an LL.M. in Alternative Dispute Resolution, and received the highest grade for Mediation Advocacy.Prior to joining Burke, Robert was an associate attorney for a highly regarded San Diego firm providing representation in the defense of automobile liability, subrogation, real estate litigation, construction defect litigation, premises liability, copyright infringement, and employment lawsuits at the state and federal level.Robert’s involvement in litigated matters included creating and executing written discovery plans, conducting and defending depositions, writing and arguing motions, successfully achieving favorable settlements through informal negotiations, and mediation advocacy, and all necessary components of trial and arbitration preparation.Additionally, Robert has experience in defending public entities in a variety of claims including premises liability, inverse condemnation, and personal injury. Specifically, Robert has represented various public entities throughout California defending inverse condemnation claims up to and including trial.Throughout his life, Robert has always sought to be a passionate advocate for those he represents and seeks to provide the same work ethic and drive that his father instilled in his own life to working tirelessly for the benefit of his clients and their well-being.Outside of Burke, Robert can be found spending time with his wife and two children, taking trips to Disneyland, playing any game (board, card, or video), or waving a Terrible Towel cheering on the Pittsburgh Steelers. Construction Law Eminent Domain Employment Law and Litigation Insurance Coverage and Litigation Inverse Condemnation Litigation Public Law Real Estate and Business Law State Bar of California United States District Court for the Northern District of California United States District Court for the Southern District of California San Diego County Bar Association San Diego Defense Lawyers University of Southern California Gould School of Law Alumni Association - San Diego Committee Chair
Michael R. NebenzahlPronouns: he, him, hisMichael R. Nebenzahl is a seasoned litigator with 40 trials to verdict and is a member of the American Board of Trial Advocates (ABOTA). His practice focuses on the defense of high stakes personal injury litigation matters involving wrongful death, catastrophic injuries, emotional injuries and brain damage.Michael has built his practice over the last two decades handling cases for public entities such as cities, school districts, utility companies and transportation agencies. He defends claims of dangerous conditions of public property, claims of liability stemming from the wrongful conduct or negligent acts of employees, and claims in defense of employment-related matters. These defenses range from roadway design, to the protocols and practices for maintaining streets, sidewalks, and infrastructure, to urban forestry, as well as termination and/or discriminatory employment-related matters. While he knows that a bell can't be un-rung, Michael takes great pride in understanding how and why any incident occurred and spending much time, effort and analysis in providing advice to his clients on how to prevent future harm.One of Southern California's most experienced and well-regarded trial attorneys, Michael has been representing clients such as the City of Beverly Hills for over two decades, and his defense verdict for the Rose Bowl in a 2008 brain damage case resulted in being named to the Daily Journal's List of Top Ten Defense Verdicts. Eminent Domain and Inverse Condemnation Inverse Condemnation Litigation Public Law State Bar of California United States District Court for the Central District of California American Board of Trial Advocates (ABOTA) Los Angeles County Bar Association Southern California Association of Defense Counsel
Tamar M. BurkePronouns: she, her, hersTamar Burke is an associate in the public law practice group, serving as Assistant City Attorney of Capitola and Deputy City Attorney of the cities of Healdsburg and Watsonville. Tamar takes care to work closely with staff and officials to understand agency goals and provide legal support toward achieving those goals. She advises public entity clients on all matters, including Public Records Act and Brown Act compliance, code enforcement, election matters, municipal governance, and conflict of interest issues. During election years, Tamar works closely with many city and special district clients to manage the election process, including calling the election, placing any local measures on the ballot, drafting impartial analyses and providing guidance to candidates and staff regarding proper and improper campaign activity. She particularly enjoys working with constitutional law issues, such as speech and political advocacy questions, and has drafted and assisted with the implementation of policies that protect the public’s First Amendment rights while ensuring safety for all.Tamar regularly conducts seminars and trainings covering many aspects of her public law practice, including the procedures and best practices for obtaining Gun Violence Restraining Orders, ethics and transparency, and AB 1234 for the firm’s public clients. Tamar’s trainings range from small groups of city staff to large, City-wide trainings of over 100 participants. She recently co-led a seminar to provide local officials and staff with practical advice for implementing the Supreme Court’s Grants Pass decision to provide humane and legal treatment for the unhoused.She maintains a specialty practice in Public Records Act compliance, advising on day-to-day requests, assisting staff with the location and review of voluminous records, corresponding with requesters, defending against challenges alleging noncompliance, and evaluating and revising cities’ PRA processing workflows to ensure compliance with the law.Tamar also litigates matters for city and special district clients. She has extensive experience litigating and in many cases, settling, Public Records Act writs, and has successfully defended against Brown Act challenges to city actions. She also successfully obtained a court order following trial, requiring a property owner to clear the a problematic property of nuisance conditions. Her litigation practice includes drafting and managing discovery, drafting motions in limine and corresponding oppositions, significant writ practice, and participating in trials and hearings. She has also reviewed and edited the CEB’s Municipal Law Handbook.Tamar earned her J.D. from UC Hastings and graduated cum laude with a concentration in government law. As a law student, Tamar interned with the Government team of the San Francisco City Attorney’s Office and California’s Office of Legislative Counsel. As a member of the nationally ranked UC Hastings Moot Court Team, she competed in the Evans Constitutional Law Moot Court Competition. She was also selected to participate in the UC Hastings Appellate Project, and represented a client in immigration proceedings before the Ninth Circuit.Before law school, Tamar received her B.A. in Political Science from UC Davis. Throughout her undergraduate studies, Tamar worked in and around government by interning in state legislators’ offices and working at a lobbying and consulting firm to further environmentally sound policies in California. Eminent Domain and Inverse Condemnation Public Law State Bar of California Eric S. PhillipsPronouns: he, him, hisEric Phillips practices in the areas of land use, real estate, and CEQA compliance. Eric represents clients in all phases of the development process, including property acquisition, entitlement and administrative approvals, CEQA compliance, compliance with state housing laws, and negotiating real estate disputes. Eric has particular experience with State Density Bonus Law, the Housing Accountability Act, SB 35, and Housing Element Law.Eric assists private clients to successfully obtain subdivision maps, density bonuses, development agreements, and other land use approvals. He also has served as special counsel to numerous public agencies and provides advice on writing ordinances and legislative findings related to zoning, subdivisions, inclusionary housing programs, rent control and tenant protection measures, and impact fees. In both roles, Eric has worked with various clients to negotiate and close purchase and sale agreements, draft loan agreements, create below-market-rate rental and for-sale programs, perform property diligence, craft residential preference programs, and work with technical consultants to prepare Draft and Final EIRs. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Southern District of California California Chapter of the American Planning Association, Vice President of Policy and Legislation
Joanne MaddenJoanne Madden’s practice focuses on litigation involving commercial disputes, corporate governance, and employment matters. She represents companies involved in disputes concerning lease obligations, online service agreements, trade secrets, risk allocation between suppliers, and employment contracts. She also has extensive experience representing transportation and construction companies in general liability matters. Her clients include individuals, non- profits, small to mid-size businesses, as well as Fortune 500 companies.While primarily a litigator, she also advises clients on risk management in various settings. She has counseled individuals, corporations, and public entities concerning compliance with the Americans with Disabilities Act, California’s Unruh Act, Wage and Hour regulations, OSHA, Motor Carrier regulations, environmental regulations such as California’s Proposition 65, and consumer protection laws. Joanne also counsels a national product distributor on claim and litigation management. She appears in federal and state courts, arbitrations, administrative hearings as well as before special masters.Joanne serves as Judge Pro Tem for the San Francisco Superior Court, mediating landlord tenant disputes and sitting as a small claims judge. Eminent Domain and Inverse Condemnation Litigation State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California San Francisco County Bar Association
Bernard GehlharPronouns: he, him, hisBernard Gehlhar focuses his practice on the representation of consumer product companies, defending them in products liability litigation, advising on regulatory and corporate issues, and assisting with contractual matters. Bernard also has extensive experience dealing with other types of products, including industrial products. Bernard works closely with clients to gain an understanding of their business model and objectives in order to provide practical guidance on day-to-day business decisions in the context of legal risk.In addition to his litigation and litigation management roles, Bernard is a trusted advisor to clients in various related areas, including product safety and regulatory compliance. He routinely assists clients with Consumer Product Safety Commission (CPSC) compliance and reporting; product recalls, and in reviewing product manuals, safety warnings, labels, and other collateral materials. Bernard assists clients with negotiating and drafting contracts, including licensing and vendor agreements. Bernard also has significant experience counseling clients with respect to advertising and promotional activities, including sweepstakes and contests.Bernard has experience with a broad range of civil litigation matters, including class actions and other complex cases. In addition to products liability cases, Bernard has handled commercial disputes and defended professional liability matters on behalf of mortgage brokers, insurance agents and brokers, third-party administrators, investment advisors, securities broker-dealers and attorneys, among others. He also has litigated business torts and defended claims of breach of fiduciary duty, fraud, and vicarious liability for the acts of employees and agents.Bernard handles cases in state and federal trial courts and in various arbitration forums and has extensive experience with appellate proceedings. He has drafted countless briefs and argued before the California Courts of Appeal and Ninth Circuit Court of Appeals, in matters involving a range of substantive areas, including professional liability, products liability, general liability, business torts, and ERISA. Litigation Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California American Bar Association The Bar Association of San Francisco DRI
Patricia L. PedenPronouns: she, her, hersPatricia Peden is a seasoned trial attorney and member of Burke's Intellectual Property Practice Group. Her practice focuses on litigating patent infringement cases, trade secret litigation, and other complex commercial litigation. In addition to bringing to the table a deep knowledge of substantive legal doctrines, Patricia offers clients solid business judgment and an unwavering commitment to client service.Patricia understands cases are won by hard work, creative thinking and mastery of the law and facts. She litigates with an eye toward trial, allowing her to make cost-benefit judgment calls during discovery based on what is truly needed for a successful result. Patricia maximizes early case planning to ensure litigation costs are proportional to case value. And she understands the importance of teamwork and communication. She strives to provide her clients with clear, concrete solutions to complex legal problems.Patricia has extensive federal court experience. She clerked for two federal judges, the Honorable David Folsom in the Eastern District of Texas and the Honorable Richard C. Tallman at the Ninth Circuit Court of Appeals. She has litigated disputes ranging from large, complex cases with multi-million-dollar damage claims to smaller suits between private parties. Her patent infringement cases have involved a wide range of technologies, including cellular telephony, recombinant human erythropoietin, LED technology, Wi-Fi, various chipsets, software and business methods, to name a few. She has litigated non-compete agreements and trade secret disputes. She has substantial experience litigating cases in the Eastern District of Texas, the Northern District of California, and other magnet venues for intellectual property disputes. Patricia has considerable experience with complex commercial cases involving trade secrets and non-compete agreements, copyright, trademark, antitrust, fraud, breach of contract, business torts, and defamation.Patricia also maintains an active appellate practice. Intellectual Property Litigation State Bar of California United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Federal Circuit United States District Court for the Central District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States District Court for the Eastern District of Texas Adjunct Professor, University of Arkansas School of Law, Trial Evidence Advocacy Chair, PLI’s California Trial Evidence Program (2014 – 2017) Edward J. McFetridge American Inn of Court , Barrister Ninth Circuit Court of Appeal’s Pro Bono Program: Volunteer Appellate Counsel
Eli J. FlushmanPronouns: he, him, hisEli Flushman is a public law partner in Burke’s Marin County office. Eli is a skilled municipal law attorney who has great experience advising cities on general municipal law, including, drafting ordinances, advising staff on land use and development, code enforcement, public nuisance litigation, and general litigation.Eli’s code enforcement practice centers on working with cities to abate properties with nuisance conditions utilizing administrative enforcement, civil litigation, receiverships, demolitions, inspection and abatement warrants, and voluntary compliance. He also has experience conducting criminal prosecutions for municipal code violations, and opposing Pitchess motions.Eli is a graduate of the University of San Francisco School of Law. At USF, Eli was the President of the Jewish Law Student Association and a member of the USF Trial Team. Eli received his undergraduate degree from UC Berkeley, where he spent a year with the baseball team. Prior to his employment with Burke, Eli worked for the City of Vallejo, where he built up and led the Neighborhood Law Program, a successful campaign utilizing legal processes to drastically improve the quality of life for citizens of Vallejo. Eli spent over six years in Vallejo, where the Neighborhood Law Program was involved in over 25 Receivership cases, and 20 public nuisance lawsuits, turning over severely dilapidated and nuisance properties and helping to create an environment that made Solano County one of the top real estate markets in the country.Prior to his work with the City of Vallejo, Eli has worked in the City Attorney's Office in Redwood City and in Berkeley, and as a Staff Attorney for the League of California Cities. Eminent Domain and Inverse Condemnation Public Law State Bar of California Solano County Bar Association Berkeley YMCA Youth and Government Trial and Appellate team advisor, 2014-2017
Susan K. ChelseaSusan Chelsea has over three decades of employment law, business and commercial litigation, automobile dealership representation, construction law, and government contract claims experience.Susan’s practice primarily focuses on employment law, but over the past 30 years she has handled matters involving general business litigation, contract disputes, construction contract disputes, consumer claims, government contract claims, mechanic’s lien and stop notice claims, and general liability defense.Susan’s employment practice includes both counseling and litigation work. She drafts and updates employee handbooks, other employer policies and procedures, employment agreements, severance agreements, nondisclosure agreements, commission agreements, pay plans, and anti-harassment policies. Her employment counseling practice includes wage and hour compliance, hiring and firing, and FMLA, CFRA, and ADA compliance.Susan conducts workplace investigations as an independent investigator. She also counsels employers through the investigation process when the investigation is handled in-house or by an independent third party investigator.An experienced litigator, Susan has successfully tried and arbitrated cases involving wrongful termination, retaliation, wage and hour, trade secrets, and unfair competition as well as real estate issues, business disputes, construction disputes, securities transactions and products liability. Susan has defended employers in over 40 wage claims before the California Labor Commissioner. She has also successfully defended employers subject to Labor Commissioner citations, eliminating or substantially reducing civil penalties assessed against employers. Susan has also successfully defended businesses against OSHA citations, including obtaining dismissal of citations after a successful appeal and hearing.Finally, Susan has defended businesses against ADA claims, both in the employment context and related to accessibility issues.Susan frequently presents on topics related to employment law and provides training to employers on various topics including anti-harassment and bullying, how to conduct proper workplace investigations, and compliance with updated laws and regulations.A leader in the legal community, Susan served as Chair of USLAW Network’s Employment & Labor Law Practice Group. Susan was a faculty member of the University of San Diego Lawyer’s Assistant Program for nine years. She served on the Executive Committee of the State Bar Real Property Law Section and was the Co-Chair of the Litigation Subsection of the State Bar Real Property Law Section. She also served as Co-Chair of the San Diego County Bar Association Construction Law Section, and a barrister with the Inns of Court, Wallace Inn. Construction Law Employment Law and Litigation Insurance Coverage and Litigation Litigation State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States Court of Federal Claims State Bar of California, Real Property Law Section, Executive Committee (2012-2015) State Bar of California, Real Property Law Section, Litigation Subsection, Co-Chair (2011-2012) California Lawyers Association, Labor and Employment Law Section USLAW Network, Employment and Labor Law Practice Group, Chair (2017-2019); Vice-Chair (2015-2017); Secretary 2014-2015)
Mark H. NysMark Nys represents automobile and recreational vehicle dealerships (single point, independent and automobile dealership groups) and automobile and recreational vehicle manufacturers, direct and indirect lenders, flooring lenders, automobile service centers and surety bonding companies in litigation involving catastrophic loss, negligence, fraud, product liability, warranty, lemon law and auto financing disputes throughout California. He has had extensive experience representing clients in franchise disputes between dealers and between dealers and manufacturers of automobiles and recreational vehicles.In the construction industry, Mark represents owners, developers, general contractors, subcontractors and design professionals in both residential and commercial construction, construction defect, workplace injuries and complex construction transactional matters. He provides guidance in both public and private works projects, counseling clients on construction financing, mechanics’ liens, stop notices, and enforcement actions. Mark also regularly represents sureties in claims against contractor license bonds.Mark also regularly defends mobile home parks and homeowners’ associations from liability arising from resident litigation. Licensed before the United States Patent and Trademark Office, Mark is also experienced in litigating intellectual property disputes.In addition to appropriate court admissions, Mark is a licensed California real estate broker and serves as a trusted legal advisor to credit unions and other financial institutions in real estate transactions, credit union operations and lender liability litigation.Originally from Santa Maria, California, Mark graduated from Claremont McKenna College in 1985 with a B.A. in Chemistry. Graduating Phi Beta Kappa, Mark was a 4-time NCAA All-American in both singles and doubles tennis. He then attended the University of California at Irvine, where he received his Graduate Certificate in Hazardous Materials Management before moving on to California Western School of Law and earning his Juris Doctorate in 1997. Mark retired after twenty years of service as a Surface Warfare Officer in the United States Navy with the rank of Commander. Construction Law Employment Law and Litigation Insurance Coverage and Litigation Litigation State Bar of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States Patent and Trademark Office Phi Beta Kappa San Diego Intellectual Property Law Association San Diego County Bar Association San Diego Bankruptcy Forum Friends of the Chapter-San Diego/Imperial Chapter of the California Credit Union League
Sally Trung Nguyen, AWI-CHPronouns: she, her, hersSally Trung Nguyen is a partner in the Labor and Employment Practice Group, and a core member of Burke’s Workplace Investigations team.Sally regularly conducts impartial workplace investigations and is an Association of Workplace Investigators Certificate Holder (AWI-CH). She has conducted countless complex workplace investigations involving sworn and non-sworn employees, and in both the private and public sector. Sally also oversees and advises clients on investigations conducted by outside neutral investigators. She counsels clients on, among other things, the investigation process, legal issues that arise, and strategic remedial action plans.Sally has a special affinity in helping clients resolve labor and employment disputes through pragmatic approaches. She regularly advises management, human resources, and in-house attorneys in the private and public sector on employment law compliance and best employment practices. Sally is well-versed in the areas of medical leaves of absence, disability accommodations, background checks, performance management, harassment, discrimination, retaliation, workplace bullying, at-will employment termination, just cause discipline, employee due process rights, separation of employment, compensation, layoffs, furloughs, medical examinations, wage and hour compliance, and collective bargaining.In recognizing that litigation arising from employment disputes cannot always be prevented and that clients’ needs vary, Sally provides advice that is specifically tailored to each client’s circumstances and priorities to help them overcome potential challenges they may face in a lawsuit. Sally has successfully represented clients in trial, administrative hearings, disciplinary appeals, and grievance arbitrations.In addition to Burke, Sally has worked at two AmLaw 100 law firms where she focused her practice exclusively on California labor and employment law matters. Sally has represented clients in individual and class action employment cases in state, federal, and administrative proceedings before the California Division of Labor Standards Enforcement, the California Civil Rights Department (previously referred to as the “Department of Fair Employment and Housing”), and the Equal Employment Opportunity Commission. In addition, Sally has earned a mediation certificate with Community Boards. Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California State Bar of New York United States District Court for the Northern District of California United States District Court for the Central District of California United States District Court for the Eastern District of California Association of Workplace Investigators Vietnamese American Bar Association of Northern California
Kristin E. CharbonnierPronouns: she, her, hersKristin Charbonnier is a trial attorney and partner in Burke’s San Francisco office. Her practice focuses on complex commercial litigation, real estate litigation, and eminent domain. Kristin has achieved favorable results for her clients in jury trials, arbitrations and mediations.Kristin earned her J.D. from UC Davis where she served as Editor-in-Chief of the Business Law Journal. Eminent Domain and Inverse Condemnation Litigation Real Estate and Business Law State Bar of California United States District Court for the Northern District of California
Maxwell A. BlumPronouns: he, him, hisMaxwell Blum is a partner in Burke’s Oakland office. His practice involves representing public agencies in litigation matters as well as providing advice on compliance issues and assisting with related transactions. Maxwell has worked on litigation cases involving environmental contamination, inverse condemnation, breach of contract, code enforcement, relocation assistance, and other issues. He has also worked as a reviewer for CEB’s Municipal Law Handbook. Prior to joining Burke, Maxwell practiced for several years at an international law firm where he worked on complex commercial litigation and internal investigations. Litigation Public Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Northern District of California
Mark J. AustinPronouns: he, him, hisMark Austin is a partner at the law firm of Burke, Williams & Sorensen, LLP, where his practice focuses on public-entity litigation, real estate litigation, corporate/partnership disputes, land-use and environmental litigation, and municipal tort defense (including dangerous condition cases, employment-related torts, and wrongful death matters). Mark has extensive trial experience, having handled multiple successful jury trials, bench trials, and arbitrations, and has successfully argued before the California Court of Appeal over a dozen times.Mark began his career representing public entities on both litigation and transactional matters, including real-estate transactions and disputes, constitutional claims, complex land-use matters, employment disputes, and tort claims. Since that time, Mark has expanded his practice to include commercial disputes on behalf of businesses and developers of all sizes, private real-estate litigation, and environmental litigation. In his several years of practice, Mark’s clients have included residential and commercial developers, nationally recognized private companies, cities, counties, small businesses, and private homeowners. His focus on real estate litigation has given him substantial insights into drafting pitfalls, disclosure requirements, and judicial interpretations of written agreements.Mr. Austin has acted as deputy city attorney for several cities, and in 2015 he acted as the Interim City Attorney for the City of Calexico. He has represented the City of Anaheim, the City of Irvine, the City of Dana Point, the City of Torrance, and the City of Vernon, among several others, on multiple high-profile matters and cases.Published CasesOxford Preparatory Academy v. Edlighten Learning Solutions (2019) 34 Cal.App.5th 605 (enforceability of contractual arbitration agreement)City of Cerritos v. Cerritos Taxpayers Assoc., et al. (2010) 183 Cal.App.4th 1417 (complex validation action concerning purchase and development of senior-housing project)In re County of Monterey Initiative Matter (N.D. Cal. 2006) 427 Fed.Supp.2d 958 (voting rights case)City of Long Beach v. Department of Industrial Relations (2004) 34 Call.4th 942 (amicus; prevailing wage issue) Litigation Public Law Real Estate and Business Law Tort Claims and Products Liability State Bar of California Supreme Court of California United States District Court for the Central District of California Orange County Bar Association
Edward L. ShafferPronouns: he, him, hisA former professional city planner, Ed Shaffer excels in achieving positive outcomes for environmental, land use, and real estate law clients. He manages regulatory practices and resolves objections by interested parties such as applicants, neighbor groups, agency staff and decision makers.Ed represents real estate developers, commercial and industrial property owners, and public agencies. He is well versed in EIRs, development agreements and vested rights, general plans and zoning, use permits and subdivision matters. He serves as land use and CEQA special counsel for the firm's city clients.Ed is well versed in EIRs, development agreements and vested rights, general plans and zoning, use permits and subdivision matters. A major aspect of his practice involves guiding projects through the complex requirements of CEQA environmental review and development approval. In the process, Ed is able to strengthen the defensibility of approvals at risk of litigation.His prior career as a city planner and planning consultant gives him special insight into the priorities of public officials and the best path to achieving approvals that satisfy all parties. Ed is known for his attention to detail without losing sight of the client’s overall goals, whether spotting serious errors in an EIR, negotiating key terms of a contract, or making sure approval conditions are workable.Ed handles property rights matters, resolving and documenting easements and related issues. He also works with buyers and sellers negotiating complex real estate options and purchase agreements, performing due diligence, clearing title issues and helping close the deal.Ed is active in the East Bay Leadership Council, an advocacy organization promoting the economic vitality and quality of life in Contra Costa County, the Bay Area, and the state, and for many years he served as Co-Chair of the Council’s Land Use Task Force. These efforts involve close interaction with public officials at local, regional and state levels of government as well as key business leaders. Environmental Land Use and Natural Resources Real Estate and Business Law State Bar of California American Planning Association East Bay Leadership Council, Former Co-Chair of Land Use Task Force, Board of Directors, former Chief Legal Counsel Contra Costa Bar Association, Chair, “Food from the Bar” Committee (Annual fundraiser for Food Bank of Contra Costa and Solano)
Gerald J. RamizaPronouns: he, him, hisJerry Ramiza's practice emphasizes real estate transactional, land use, and public/private partnership development matters.Real Estate/Land Use/Public-Private PartnershipsJerry represents private clients and public agencies throughout California in connection with complex real estate and land use matters and transactions. Jerry’s work includes forward planning, assisting with development, land use, entitlement, design review, and permitting processes, environmental review, and CEQA/NEPA compliance. He routinely handles negotiation and documentation of purchase, sale, easement, lease and financing transactions; asset management (including loan administration, property management and landlord/tenant matters); negotiation and drafting of complex development agreements; foreclosures; public trust and tidelands transactions; surplus lands dispositions; workouts and secured transactions; and ancillary matters such as title insurance review, due diligence, environmental risk allocation and hazardous materials/ Brownfields matters. With over 15 years of experience in the redevelopment arena, Jerry is assisting successor agencies throughout the state in the implementation of the redevelopment dissolution act, ABx1 26. He also advises public agency clients in connection with the ferry-system transactions, affordable housing, federal contracting/BRAC process, utilization of federal grants, lease and parking revenue financing and assessment districts. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California Alameda County Bar Association Urban Land Institute
Richard J. ReynoldsRick Reynolds practices primarily in the areas of real estate and financial services litigation, business litigation, transactional real estate, lending law, and bankruptcy law on behalf of clients in California, Nevada, and Arizona. He practices in the State, Federal, and Bankruptcy Courts, as well as the Courts of Appeal. His experience includes the purchase and sale of real property and businesses, secured transactions, asset purchases and sales in Bankruptcy, receiverships, partition, easement and boundary disputes, contract and business tort litigation, and foreclosure-related litigation.The national directory of attorneys Martindale-Hubbell has awarded Rick its AV Preeminent rating, indicating that peers rank him at the highest level of professional excellence. Financial Institutions and Bankruptcy Litigation Real Estate and Business Law Tort Claims and Products Liability State Bar of Arizona State Bar of California State Bar of Nevada United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the District of Arizona United States District Court for the District of Nevada United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California American Bankruptcy Institute Orange County Bankruptcy Forum Orange County Bar Association - Commercial Law and Bankruptcy Section Orange County Bar Association - Real Estate Law Section
Rachel H. RichmanPronouns: she, her, hersRachel has proudly provided city attorney and general counsel services to public agencies throughout California for 25 years.Rachel serves as the City Attorney for the City of Camarillo and the City of Rosemead. She previously served as City Attorney to the cities of Arvin and Delano and as the Assistant City Attorney for the cities of Alhambra and Santa Clarita for several years.Rachel has extensive experience providing legal and practical advice to city councils, agency boards, city managers, department heads, and staff on a broad range of issues including planning and zoning, CEQA, conflicts of interest, open meeting laws, public contracting, prevailing wages, public records, first amendment issues, code enforcement, elections, ADA and mobile home park regulations. She drafts opinions, ordinances, resolutions, and negotiates and drafts agreements. She attends as legal counsel, city council meetings, planning commission meetings, and mobile home rent control panel meetings.Rachel is experienced working on behalf of cities with developers on commercial, residential, and mixed use projects. She has negotiated and drafted development agreements, exclusive negotiating agreements, owner participation and disposition and development agreements, and affordable housing agreements. She has worked on general plan updates, specific plans and amendments, first time home buyer agreements, façade improvement agreements, and reviewing and advising on CEQA documents.Rachel handles various aspects of labor and employment matters. These matters include responding to DFEH complaints, discipline and grievance matters, drafting personnel policies and for labor negotiations.Rachel regularly handles issues related to public works construction projects, including development of notices inviting bids, to reviewing bids and recommendation of award, she has dealt with bid protests as well as advising on dealing with construction delays, stop notices, liquidated damages issues and prevailing wage issues.Rachel also has experience in eminent domain on behalf of cities, agencies, and for the Alameda Corridor-East Construction Authority involving pre-condemnation activities, initiation of condemnation actions, and drafting and negotiating settlement agreements. She is also cognizant of the public concerns that exist with the use of eminent domain.Rachel provides training on ethics and AB 1234, municipal governance ADA inclusion requirements and transparency laws to firm clients as well as providing presentations at various municipal conferences. Rachel served as Chair of the League's FPPC Committee.While at law school, Rachel was a member of Loyola's Moot Court Honors Board and received "Top Ten Brief" recognition. She was on the National Moot Court team and winner of the Regional National Moot Court competition. During law school she was a law clerk for the Community Redevelopment Agency of Los Angeles and the Los Angeles County Counsel's Public Works Department.In her approach to working with legislative bodies, staff and others to achieve their goals which can often be full of challenges she ascribes to the following perspective: “There are no shortcuts to any place worth going.” (Beverly Sills) Public Law State Bar of California United States District Court for the Central District of California City Attorneys Association of Los Angeles County League of California Cities City Attorney's Department Fair Political Practices Commission Committee League of California Cities, Fair Political Practices Committee Chair 2016-2017 Los Angeles County Bar Association - Government Law Section
Deepa SharmaPronouns: she, her, hersDeepa Sharma provides litigation and advisory services to public agency clients throughout California.Deepa has extensive experience advising clients and litigating in the areas of land use, planning and zoning, inverse condemnation, CEQA, municipal taxation, elections, and constitutional law issues such as due process, equal protection, and the First Amendment. She is also experienced in advising public agency clients on rent stabilization issues, and the implementation of California’s new housing laws.While in law school, Deepa served as a law clerk in the U.S. Department of Transportation’s Federal Transit Administration (FTA), which oversees federal grants to state and local transit providers. She interned at the State of California’s Office of Legislative Counsel, where she assisted in drafting legislation in the areas of energy, environmental, transportation, and education law. Deepa also served as a judicial extern to the Honorable Maria P. Rivera of the California Court of Appeal, and was a staff editor and executive board member for the HastingsConstitutional Law Quarterly.Before law school, Deepa served as a policy aide in the California State Legislature, and worked as a political consultant to various local and statewide campaigns. Litigation Public Law Real Estate and Business Law State Bar of California United States District Court for the Northern District of California California League of Cities Succession and Development Committee
Edith Sanchez SheaEdith Shea is a partner with the firm and a member of theLitigationPractice Group. An experienced civil litigator, she has represented public and private clients in state and federal actions and appeals for more than twenty-five years. Edith maintains a varied litigation practice and has handled matters in the areas of business litigation, bad faithinsurancelaw,construction, products liability, employment, medical malpractice and international trade. She has also represented clients in complex and class actions.Prior to entering the private sector, Edith was a Trial Attorney with the United States Department of Justice. She tried cases to verdict before the United States Court of International Trade and represented the United States before the Federal Circuit Court of Appeals. She continued her trial practice with both jury and bench trials before the United States District Courts and before the Superior Court for the State of California. Edith has also argued multiple appeals before the Ninth Circuit Court of Appeals and the California Court of Appeal and she has drafted briefs submitted to the United States Supreme Court.Additionally, Edith has successfully resolved numerous matters through dispositive motions and has proven skills in managing discovery and litigation in complex actions. She has extensive experience negotiating for clients in mediations and settlement conferences and has demonstrated her commitment to the efficient resolution of disputes by serving as a Mediator and an Alternative Dispute Resolution Neutral for the Los Angeles Superior Court. In connection with this work, she completed training on Mediating the Litigated Case at the Straus Institute for Dispute Resolution at Pepperdine University School of Law.Edith is fluent in Spanish. Insurance Coverage and Litigation Litigation Real Estate and Business Law State Bar of California State Bar of New York United States District Court for the Central District of California United States District Court for the Southern District of California Hispanic National Bar Association Latina Lawyers Bar Association Alternative Dispute Resolution Neutral, Los Angeles Superior Court, 2005-2007
Anna C. ShimkoPronouns: she, her, hersAnna Shimko is Chair of Burke's Real Estate and Business Practice Group. She focuses her practice on all areas of land use, real estate development, and environmental law, representing both public agencies and private landowners and developers in administrative and court proceedings to bring projects to fruition. Anna has particular expertise in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She works closely with project proponents, public agencies, and environmental consultants on preparing and defending CEQA and NEPA documents such as negative declarations, environmental impact reports (EIRs), and environmental impact statements (EISs), including for complex projects such as water rights transfers, multi-phased mixed-use projects and large campus master plans. Anna helps private clients through all stages of the land use approval process, obtaining entitlements to build or expand large shopping centers, stand-alone retail stores, mixed-use projects, hospitals, hotels and resorts, golf courses, residential developments, and quarries, among others. She also assists cities, counties, special districts, and state agencies in regulating land and development, negotiating real estate transactional documents and development agreements, and updating general plans, specific plans, and zoning codes. Anna represents clients in matters involving the Subdivision Map Act, annexation, historic resources, public-private partnership transactions and financing mechanisms, the Coastal Act, air quality regulations, water supply, climate change regulations, transportation planning, eminent domain, and inverse condemnation. Anna litigates land use, CEQA, and NEPA matters for public and private clients at trial court and appellate court levels, and serves as an expert witness throughout California in cases involving land use development issues. Environmental Land Use and Natural Resources Real Estate and Business Law State Bar of California Secretary/Librarian, Land Use and Environment Committee, American College of Real Estate Lawyers President, Harbor Equity Group, Waldo Point Harbor, April 2015 – present Member, Board of Trustees, Marin Montessori School, 2023 - present Campus Planning Committee, Marin Montessori School, 2015 – present Advisory Council and Board of Directors, San Francisco Planning and Urban Research Association, 2003-2014 California Building Industry Association/California Business Properties Association, CEQA Reform Task Force, 1992-present Treasure Island/Yerba Buena Island Citizens Advisory Board, 2001-2004 San Francisco Juvenile Probation Commission, 1996-2000 Vice President, Associated Students of UC Davis, 1981 City of Davis Ad Hoc Committee to Update the Housing Element, 1982
Alan A. SozioPronouns: he, him, hisA recognized figure in his field of eminent domain, Alan Sozio has played a lead role in numerous multi-parcel property acquisition projects throughout California. In addition to providing eminent domain legal services to numerous cities, special districts and housing authorities, Alan has since 2001 served as special acquisition counsel for the Alameda Corridor-East Construction Authority in property acquisitions spanning more than 11 grade separation projects in the San Gabriel Valley. He is the co-author of the seminal practice guide used by public agency practitioners entitled “Eminent Domain: A Step-by-Step Guide to the Acquisition of Real Property,” and is the author of the popular eminent domain blog, “Right to Take | Doing it the Right (of) Way—Recommended Steps for the Acquisition of Real Property by Eminent Domain.” He is active in the eminent domain legal community where he is a frequent speaker and author on topics related to condemnation.Alan counsels public clients on early considerations and pre-acquisition activities necessary to the condemnation process. He litigates eminent domain and inverse condemnation actions and, when necessary, takes the matters through trial. Alan also drafts transactional documents, including purchase and sale agreements, right-of-entry agreements and leases, and provides advice regarding state and federal relocation assistance. He has appeared in both open and closed session with city councils, agency boards and other legislative bodies to speak on matters related to the acquisition of property and the condemnation process.In addition to eminent domain actions, Alan litigates matters involving physical and regulatory takings, contractual and boundary disputes, quiet title, unlawful detainer matters, land use and real estate issues.In 2005, Alan successfully completed the Los Angeles County Bar Association’s Trial Advocacy Program. Thereafter, on a pro bono basis, Alan prosecuted to verdict criminal cases, and obtained favorable bench rulings in evidentiary trials, for the cities of Anaheim and Inglewood.Alan is a BrownBelt in the Israeli self-defense system of Krav Maga, and is a former "AA" rated competitive beach volleyball player. When not at the office, he enjoys surfing, skiing, and relaxing with his family on the beach. Eminent Domain Environmental Land Use and Natural Resources Inverse Condemnation Litigation Public Law Real Estate and Business Law State Bar of California United States District Court for the Central District of California United States District Court for the Southern District of California International Right of Way Association Los Angeles County Bar Association State Bar of California Real Property Section, Inverse Condemnation/Eminent Domain Subsection (South)
Benjamin L. StockPronouns: he, him, hisBenjamin Stock is an accomplished litigator in both state and federal courts. His litigation and transactional practice emphasizes municipal law, eminent domain, land use, and inverse condemnation. Additionally, Ben serves as Town Attorney for both Ross and Tiburon, City Attorney for the cities of Benicia and Foster City, and General Counsel for Sanitary District Number 5 and Sausalito-Marin City Sanitary District.With regard to his eminent domain practice, Ben plays a key role in public clients' property acquisition activities. He counsels public clients on early considerations and pre-acquisition activities necessary to the condemnation process. He also litigates condemnation actions, negotiates settlements and, when necessary, takes the matters through trial. Additionally, Ben drafts transactional documents related to the acquisition of property through eminent domain. He is currently assisting multiple public entities with their condemnation needs throughout the state. Ben has spoken at numerous conferences on issues involving eminent domain.In addition to eminent domain, Ben has extensive experience representing public entities in litigation at both the trial court and appellate court levels. His areas of specialization include inverse condemnation and land use, CEQA, breach of contract, environmental law, and dangerous conditions public liability. Eminent Domain Inverse Condemnation Litigation Public Law State Bar of California United States District Court for the Central District of California League of California Cities, Legal Advocacy Committee League of California Cities, City Attorney’s Department Municipal Handbook Committee
Brian A. PierikPronouns: he, him, hisEducation and EmploymentBrian Pierik received his Bachelor of Arts degree in Political Science from Loyola University in Los Angeles and his Juris Doctor degree from Loyola School of Law.Public LawBrian is the City Attorney for the City of Carmel by-the-Sea and the City of Pacific Grove. He is Legal Counsel for the San Luis Obispo Local Agency Formation Commission.Brian has also served as special counsel to over 40 public agencies in California in a wide range of matters including: Brown Act, Public Records Act, conflicts of interest, land use, property transactions (sales, purchases, leases, easements, licenses), LAFCO, annexations, drafting ordinances, resolutions and contracts, AB 1234 training, elections, transportation; public works, airport issues, civil rights, planning, environmental, growth control, administrative law, tort and other liability, employment law, litigation, appeals, eminent domain, inverse condemnation, land movement, and many other public law matters.Brian has written and presented papers before the City Attorneys Department of the League of California Cities, City Attorneys’ Association of Los Angeles County, California Specialized Training Institute, Public Works Officers Institute, City Clerk’s Department of the League of California Cities, and Southern California Water Utilities Association.Litigation ExperienceBrian has successfully represented many public agencies throughout California in litigation in both the trial courts and appellate courts. Representative cases include:Land Use: City of Goleta v. Superior Court, 40 Cal. 4th 270 (2006). The California Supreme Court ruled in favor of the City finding that a newly incorporated City has the authority to deny the Final Map.Land Use: Gong v. City of Rosemead, 226 Cal. App. 4th 363 (2014). This is an important case for public agencies with regard to many issues including the discussion on Government Code Section 815.3, the Government Code claims requirement, judicial notice, and the immunity provisions of Government Code Section 818.4.Brown Act: Taxpayers for Livable Communities v. City of Malibu, 126 Cal. App. 4th 1123 (2005). Brian successfully represented the City at trial of this Brown Act case.CEQA: SCOPE v. City of Santa Clarita, 197 Cal. App. 4th 1042 (2011). Brian represented the City at the trial on the Petition for Writ of Mandate. The trial court ruled in favor of the City and the judgment was affirmed on appeal.CEQA: Save Atascadero v. City of Atascadero, 2014 WL 3105199 (July 8, 2014). Petition for Writ of Mandate challenging the City of Atascadero’s approval of the Del Rio Commercial Specific Plan. The trial court ruled in favor of the City which was sustained on appeal.CEQA: SCOPE v. City of Santa Clarita; Vista Canyon Ranch, 2014 WL 7204118 (2014). Petition for Writ of Mandate alleging CEQA violations by the City on a 185 acre residential and commercial project. The trial court ruled in favor of the Petitioner. On appeal, the Court of Appeal reversed the trial court decision and ruled in favor of the City.Election Contest: Tran v. City of Rosemead, LASC Case No. GS 011559 (June 2009). Petition for Writ of Mandate in which Brian successfully represented the City at trial. Former Mayor John Tran alleged the City wrongfully rejected absentee ballots on the basis of signatures which did not match the voter registration signature.Eminent Domain: City of Santa Clarita v. NTS Systems, 137 Cal. App. 4th 264 (2006). Eminent domain case to acquire property for the construction of a major arterial road in the City. Brian was trial counsel for the City of Santa Clarita. The trial court ruled in favor of the City and the judgment was affirmed on appeal.Public WorksBrian has substantial experience in all phases public works, examples include:Springfield Interchange: Completed in 2012 on time and within budget, the Springville Interchange was constructed on U.S. 101 in the City of Camarillo at a cost $40 million. Brian assisted with many phases of the Springville Interchange Project including review of bid documents and advice on construction issues.Camarillo Library: Opened in 2007, this new Library project came in on time and within budget, replacing the former library, and at 65,621 square feet is one of the best libraries in the State of California. Brian assisted with site acquisition, annexation issues with LAFCO, grant funding, and construction issues on this $28 million project.Atascadero City Hall Project: Brian was involved in providing legal advice to the City of Atascadero on a major reconstruction project of the Atascadero Historic City Hall with a project cost of $33 million. The project was completed in 2015 on time and within budget.Water Desalinization Plant: This City of Camarillo project began construction in 2019 and will be completed in 2021 at a cost of approximately $50 million. The Plant will treat groundwater that is high in salt content in order to provide potable water for the community. Brian has assisted in all phases of this project including site acquisition, annexation issues with LAFCO, drafting of bid documents and contracts and construction issues.City of Santa Clarita Bridge and Roadway Projects: Brian has advised the City of Santa Clarita on numerous major bridge and roadway projects including advice on preparation of bid documents, review and analysis of bids, evaluation of bid protests, construction management issues, surety issues, liquidated damages, stop notices, change orders, extra work and delay claims and arbitration.Real EstateBrian has extensive experience in real property transactions, examples include:Sale of City Property for Hotel Conference Center: A $70 million project; Brian assisted with the sale of 12 acres to the developer and the contracts for public improvements.Sale of Rancho Simi Recreation and Park District Property: The District owns 13 acres in the City of Simi Valley that was utilized for District offices and other purposes. Brian assisted the District with sale of property for $21 million.Purchase: Alamos Canyon, Rancho Simi Recreation and Park District. Brian assisted Park District with the acquisition of 326 acres in Alamos Canyon for open space including 55 acres of sensitive habitat.Sale: Former Camarillo Library. Brian has assisted City staff with the potential reuse of the former library and a proposed sale to a non-profit to construct and operate a children’s museum at the site.Purchase: Guardian Building, Rancho Simi Recreation and Park District. Brian assisted the District with purchase of a building on Guardian in the City of Simi Valley for $9 million as the new site for District Administrative Offices, recreational facilities and maintenance facilities. Construction Law Eminent Domain and Inverse Condemnation Environmental Land Use and Natural Resources Litigation Public Law Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California
Nathan A. OysterPronouns: he, him, hisNathan Oyster is the Vice Chair of the Litigation Practice Group at Burke. His practice focuses on the defense of law enforcement officers and local governments in civil rights litigation, and he also provides guidance to law enforcement agencies on the implementation of policies that reduce the likelihood of litigation.Nathan has been recognized as one of the leaders in Law Enforcement Defense litigation in California. His March 2023 defense verdict on behalf of the City of Los Angeles in a fatal officer-involved shooting case was selected by the Daily Journal as one of the top 20 defense verdicts in the state in the publication’s annual Top Verdicts edition.Nathan’s litigation experience is extensive. In 2024 alone, Nathan has represented 13 different law enforcement agencies throughout the state in civil litigation. He has tried cases in both state and federal court, with his first jury trial coming at age 24. He has also argued before both the Ninth Circuit Court of Appeals and the California Court of Appeal. Nathan has defended nearly every type of litigation that a law enforcement agency could face, including officer-involved shootings, deaths due to excited delirium, class action litigation, malicious prosecution claims, allegations of excessive force, and allegations of unconstitutional jail conditions. He is adept at defending litigation brought under Section 1983, the Unruh Act, the Ralph Act, and the Bane Act. Nathan also advises law enforcement agencies throughout the state on a variety of policy issues.Representative clients include the County of Riverside, the University of Southern California, and the cities of Long Beach, Los Angeles, Pasadena, and Whittier. Constitutional Law Law Enforcement Defense Litigation Public Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Nicholas J. MuscolinoPronouns: he, him, hisNick Muscolino is a partner in the firm’s Oakland office. Nick specializes in the legal and procedural defenses available to public entities under California law. He has successfully represented public entities in trial and appellate courts throughout California in disputes concerning inverse condemnation, preemption, eminent domain, the California Environmental Quality Act (CEQA), water rights, flood and storm water diversions, public nuisance, negligence, quiet title, breach of contract, the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, the Fair Employment and Housing Act, the First Amendment, Section 1983, preemption, redevelopment dissolution, local land use and zoning, and general plan consistency.Nick also provides advisory services to cities and other public entities. He has served as a deputy or assistant city attorney to several cities. In that capacity, he advises on the Brown Act, the Public Records Act, CEQA, litigation, mobilehome issues, civil rights issues, affordable housing, and other areas of general municipal law. Nick drafts the staff reports, resolutions, ordinances, and agreements (e.g., purchase and sale, joint powers, loan, disposition and development), that public agencies need to serve the public. He also provides opinion letters on the legality of various housing preferences under state and federal law, and other land use and zoning-related issues.Nick graduated Order of the Coif from the University of California, Davis in 2009, where he served as an Executive Editor of the Journal of Environmental Law and Policy. After law school, Nick served as a law clerk to the Honorable Justice Morgan Christen of the Alaska Supreme Court (now of the Ninth Circuit Court of Appeals) in Anchorage before entering private practice at a large law firm in San Francisco.Nick works closely with clients to understand their goals and to determine how to achieve their desired outcomes in the most cost-effective and timely manner. Eminent Domain Insurance Coverage and Litigation Inverse Condemnation Litigation Public Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Northern District of California Contra Costa County Bar Association Bay Area City Attorneys Association League of California Cities
Gregory M. MurphyPronouns: he, him, hisGregory Murphy is a trusted advisor, counselor, and transactional attorney for public entities throughout California. He currently serves as City Attorney for the cities of Buellton, Lawndale and Temple City. Greg also has over 13 years’ experience serving as Assistant or Deputy City Attorney to a number of the firm’s municipal clients and legal counsel to the firm’s joint powers authority and special district clients.Greg regularly advises elected and appointed officials, navigating delicate issues with politically-divergent boards. He presents clearly and in real-world terms the impacts of legal constraints on agency activities. Greg takes time to understand clients’ long- and short-term goals and how the law affects those objectives, finding ways to achieve them whenever possible. His focus on crafting legal advice that is practical, workable, and client-centered creates confidence and lasting relationships.Experienced in the areas of land use and development, the California Environmental Quality Act (CEQA), public contract law, prevailing wage law, purchases and sales of real property, and municipal economic issues, Greg has advised developers and public contractors as well as public entities. He attends planning and community development commission meetings and handles closed-session briefings of legislative bodies. He also advises on a number of election law issues ranging from charter amendments and ballot designations to election contests and post-contest litigation. Greg also engages in litigation related to land use, tax, contract, and election issues.What I’ve Learned: Be creative. If you start a project thinking you can find a way to accomplish it, you’ll often be right. If you start by thinking you can’t accomplish it, you’ll always be right. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California United States District Court for the Central District of California California State Bar Association Los Angeles County Bar Association City Attorneys Association of Los Angeles County League of California Cities, former member Municipal Law Handbook Editorial Board Municipal Law Institute, former Steering Committee Member
Mark J. MulkerinMark Mulkerin's practice includes litigation and commercial matters for public and private entities in a wide variety of subject matters.Mark has successfully represented clients in eminent domain, inverse condemnation, land use, ground and riparian water matters, public works, construction law and construction defect actions, business and finance matters, products liability, complex business and personal tort, and computer and Internet-related litigation.Mark has successfully defended public entities, developers, and general contractors, subcontractors, architects, engineers, and other design professionals in multi-party construction defect actions, as well as in general legal matters. He also has successfully represented public entities, businesses, and individuals both in the defense and prosecution of civil litigation claims. Mark has also represented EarthLink Network, Inc. and other commercial enterprises in computer law, general business, and Internet-related matters. Education Law Eminent Domain Inverse Condemnation Litigation Public Law Real Estate and Business Law Tort Claims and Products Liability State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Orange County Bar Association
Joseph M. MontesPronouns: he, him, hisJoseph Montes serves as the City Attorney for the cities of Alhambra, San Marino and Santa Clarita. In those capacities, Joseph has provided advice and opinions on issues involving public contracts, privatization, planning, zoning, redevelopment, elections, employment, constitutional rights, conflicts of interest, and telecommunications issues. He has also assisted public entities with issues concerning the Brown Act, the Subdivision Map Act, Mello-Roos Community Facilities District and Improvement Bond Act of 1915 financing, the Government Tort Claims Act, the Public Records Act, Proposition 218, the Political Reform Act, the California Voting Rights Act, and CEQA. He has drafted contracts, resolutions, ordinances, development agreements, and employee policies.Joseph’s litigation experience has primarily involved representation of municipal entities in state and federal court. He has been involved in public works contract disputes, code enforcement, administrative writ proceedings, transient occupancy tax collection actions, Civil Rights abuse cases, police excessive force cases, California Government Tort Claims Act matters, assessment district foreclosures, and flood damage actions.In terms of land use and redevelopment, Joseph’s experience includes acquisition of land through eminent domain proceedings, negotiations for redevelopment projects and drafting of owner participation agreements and development agreements.In law school, Joseph was a staff writer for the Loyola of Los Angeles Entertainment Law Journal (1992-1993) and the Chief Note and Comment Editor (1993-1994), and received an American Juris Prudence Book Award for Trial Advocacy.Joseph ascribes to the philosophy, “Start where you are, use what you have, do what you can.” (Arthur Ashe). Environmental Land Use and Natural Resources Litigation Public Law Tort Claims and Products Liability State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Southern District of California League of California Cities, President City Attorney's Department Markkula Center for Applied Ethics at Santa Clara University, Member Government Ethics Council City Attorneys Association for Los Angeles County, past President League of California Cities, City Attorneys Department First Vice President League of California Cities, past City Attorneys Department Nominating Committee member League of California Cities, past Attorney Development and Succession Committee Chair League of California Cities, past Revenue and Taxation Policy Committee member League of California Cities, past Legal Advocacy Committee member League of California Cities, past City Attorneys Department Public Records Act Committee member
Monica Sanchez McQueenPronouns: she, her, hersMonica Sanchez McQueen is a partner in Burke’s Los Angeles office, representing public and private sector clients in labor and employment law matters.Monica has represented and advised employers on matters involving numerous federal and state law claims, including discrimination, harassment, retaliation, wrongful termination, defamation, leaves of absence, whistleblower violations, freedom of speech, and association, privacy, and wage and hour, including collective and class action suits. In addition, Monica’s practice includes representation of public employers in areas unique to public employment such as due process, disciplinary procedures, the Meyers-Milias-Brown Act, CalPERS, and the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act.Monica has an extensive counseling practice, focusing on preventive measures of employment and labor law. In this regard, she has drafted and revised employee handbooks, personnel rules, personnel ordinances, updated specific policies and advised public agencies on the handling of a variety of employment matters. Monica has developed and led comprehensive wage and hour audits analyzing City-wide practices of a broad range of job positions and industries and recommended changes to policies, procedures and collective bargaining agreements to ensure compliance with all aspects of state and federal wage and hour laws. Monica has evaluated and responded to CalPERS’ comprehensive pension audit findings of City-wide compensation and reporting practices and developed and implemented policies and procedures to ensure future compliance with CalPERS' rules and regulations.Monica has represented public agencies in all aspects of labor and has identified issues to bargain, recommended, drafted and responded to proposals, advised lead negotiators and members of bargaining teams, has acted as negotiator for police, fire and miscellaneous unions during labor negotiations, and drafted and oversaw implementation of labor agreements. In addition to labor negotiations, Monica has extensive experience in handling related labor relations matters, such as grievances, PERB proceedings including unfair practices, unit recognition, unit modification, elections, and unit decertification. Monica has negotiated and drafted employment contracts for high-level employees. She also conducts a variety of workplace trainings for managers and employees on matters such as the prevention of discrimination and harassment, workplace violence and working in the public sector.While attending the University of California, Los Angeles, Monica interned at the United States Department of Education, in the Office of the Secretary, in Washington D.C. While in law school, she was a member of the San Diego Law Review. She was also the secretary for Phi Delta Phi, a legal honor fraternity, and the Secretary for the Hispanic National Bar Association, Law Student Division. Monica studied at the University of San Diego Institute of International and Comparative Law in Barcelona, Spain and Oxford, England. Education Law Employment Law and Litigation Labor Relations Litigation Workplace Investigations State Bar of California United States District Court for the Central District of California
Stephen A. McEwenPronouns: he, him, hisStephen A. McEwen joined Burke in 2003. Stephen previously served as City Attorney for Buellton and Laguna Woods and Assistant City Attorney for the cities of Atascadero, Hemet and Stanton. In these roles, Stephen has drafted numerous ordinances and resolutions and has advised cities on a wide range of legal issues with a special emphasis on the Public Records Act, the Brown Act, and code enforcement. Stephen has also utilized his extensive constitutional law background to advise municipal clients on First Amendment and Fourteenth Amendment issues.Stephen is responsible for supervising code enforcement efforts for Burke’s municipal clients. In this capacity, he utilizes the full range of code enforcement tools, including informal office conferences, inspection warrants, administrative hearings, civil nuisance actions, and misdemeanor prosecutions. Although his emphasis in this area is on resolving code violations without the need for judicial intervention, he has successfully prosecuted numerous code enforcement cases to completion. Stephen obtained a guilty verdict from a jury on all counts against a property owner for maintaining multiple building code and property maintenance violations. He obtained guilty verdicts against two defendants for operating an unpermitted nightclub. He has also obtained preliminary and permanent injunctions in multiple code enforcement matters involving zoning violations, public nuisance conditions, and unpermitted marijuana facilities.In addition to his code enforcement prosecution experience, Stephen has handled a broad array of litigation for the firm's municipal and governmental clients, including disputes involving eminent domain, inverse condemnation, tort liability, construction defects, construction contract disputes, CEQA, and the Federal Civil Rights Act. He served as co-counsel in a successful bench trial regarding a client's right to take property through eminent domain. Stephen successfully defended the City of East Palo Alto in a trial involving alleged Brown Act and Due Process violations.Stephen advises municipal clients throughout the state on issues related to medicinal and adult-use marijuana. He has obtained numerous preliminary injunctions against unpermitted dispensaries and successfully defended cities against an array of constitutional and state law challenges brought by dispensary operators. In 2012, he authored the League of California Cities’ amicus brief in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., in which the Supreme Court ruled unanimously that local governments have zoning authority to prohibit medicinal marijuana dispensaries within their boundaries. As a result of this work, Stephen was appointed in 2014 to the League of California Cities Ad Hoc Cannabis Regulation Committee. He also served two terms as the City Attorney Department representative for the League’s Public Safety Policy Committee from 2014-2015.After law school graduation, Stephen clerked for Judge Arthur L. Alarcon on the United States Court of Appeals for the Ninth Circuit. He later served as a Deputy Attorney General in the Criminal Division of the California Department of Justice. As a prosecutor, Stephen represented the state in two successful trial-level prosecutions, over seventy felony criminal appeals in the California Court of Appeal, and over eighty habeas corpus proceedings in federal district court and the Ninth Circuit. In November 2002, he represented the California Department of Corrections successfully in an evidentiary hearing in Federal District Court in a case involving allegations of prosecutorial misconduct against the Los Angeles County District Attorney's Office. Eminent Domain and Inverse Condemnation Inverse Condemnation Litigation Public Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California Orange County Bar Association League of California Cities Public Safety Policy Committee, City Attorney Department Representative League of California Cities, Ad Hoc Cannabis Regulation Committee
Nancy Jerian MarrNancy Marr brings a national perspective to her ERISA and insurance litigation practice. Serving as in-house counsel for a Fortune 500 insurance company on the East Coast, she managed cases across several circuits. She previously practiced with a boutique litigation firm in Los Angeles. Her current focus is in litigation involving life, health and disability coverage, ERISA fiduciary liability, annuity contracts, and bad faith actions.While in law school, Nancy was a judicial extern for Hon. Dickran Tevrizian, United States District Court, Central District of California, and a note and comment editor for the Loyola of Los Angeles International and Comparative Law Journal.Words of wisdom from a senior partner before a first court appearance, “Remember who your client is and know your way to the courthouse.” Education Law Insurance Coverage and Litigation Public Law State Bar of California State Bar of Maine United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States District Court for the District of Maine Defense Research Institute, Life, Health, Disability, ERISA Committee, 2019 - 2021 Marketing Chair, Annual Meeting Vice-Chair Defense Research Institute, Life, Health, Disability, ERISA Committee, 2024 Membership Co-Chair Armenian Bar Association National Association for Armenian Studies and Research
Daniel W. MaguirePronouns: he, him, hisDan Maguire is a partner in Burke’s Palm Desert office. He counsels life, health, and disability insurers in pre-litigation, coverage, trial, and appellate matters.Dan represents our clients in individual and group disability, life, long-term care and investment product disputes. He is a frequent speaker on insurance and ERISA matters, and has presented at numerous national conferences including the Defense Research Institute, ALI/ABA, American Conference Institute, International Disability Insurance Society, Association of Life Insurance Counsel, and Eastern Claims Conference, for which he acts as Vice-President. He is Past Chair of the Health and Disability Insurance Law Committee of ABA-TIPS. His pro bono work has included client representation through Los Angeles Public Counsel, and the Public Service Law Corporation. Dan is also a licensed California Real Estate Broker. Insurance Coverage and Litigation Litigation Real Estate and Business Law State Bar of California Supreme Court of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Eastern Claims Conference, Vice-President Association of Life Insurance Counsel ABA-TIPS – Health and Disability Insurance Law Committee International Association of Defense Counsel
Eric S. VailPronouns: he, him, hisEric S. Vail, a Partner of Burke, Williams & Sorensen, LLP, is Chair of the firm’s robust Public Law Practice Group and serves on the firm’s Management Committee. During his twenty-five-plus years practicing public law, he has gained invaluable experience representing a variety of public entities as either general or special counsel, and become fluent in general municipal law;
Erica L. VegaPronouns: she, her, hersErica Vega has dedicated her entire legal career to the representation of cities and other public agencies across California.She serves as City Attorney for the City of Eastvale, as Assistant City Attorney for Alhambra and Pacific Grove, and has worked with numerous other cities in both general and special counsel roles. In addition to her work with cities, Erica serves as General Counsel to two mosquito and vector control special districts.Erica serves as a trusted advisor topublicagency governing bodies, commissions, and staff on a wide array of legal issues, with a particular focus on land use, development and housing, elections, ethics and transparency, and cannabis regulation. She ensures that she delivers advice to clients in a manner that is understandable and contains practical guidance that can be readily applied in the real world. In providing advice, Erica focuses on both legal compliance and risk assessment, understanding that many complex situations faced by public agencies do not have clear cut answers.Erica has extensive experience advising cities on land use and environmentalissues related to proposed development projects, including large private development projects and public infrastructure improvements. She has negotiated and drafted complex development agreements and has experience advising on the acquisition and disposition of property by public agencies, including Surplus Land Act compliance. Erica routinely advises public agencies on CEQA compliance throughout the project processing and approval process. She has reviewed CEQA documents for and advised on freeway interchange improvements and major state highway projects, General and Specific Plans, large commercial and mixed use developments, university campus expansions, hospitals, and master planned residential developments proposing thousands of new homes.Erica has extensive experience advising on ballot measures, whether initiated by the agency or voter petition. She has worked on numerous initiatives, referendums, and recall attempts, including situations where there are competing ballot measures. She is knowledgeable on the local elections process from start to finish. She has drafts ballot measures and impartial analyses and works closely with the local elections official to ensure Elections Code procedures and requirements are satisfied.Erica is an active in organizations representing the interests of public agencies. She served two terms on the CalCities Governance, Transparency and Labor Relations Policy Committee and for six years on the CalCities City Attorney’s Department Public Records Act Committee. She is a contributor to the CalCities publications “The People’s Business” and “Providing Conflict of Interest Advice.”A graduate of Smith College, Erica majored in Government. She also studied in Geneva, Switzerland, where she was enrolled at the University of Geneva and the Graduate Institute for International Studies. Erica obtained her Juris Doctorate from the University of California School of Law San Francisco (UC Law SF, formerly UC Hastings). At UC Law SF, Erica focused her studies on public law and policy. She participated in the school’s Center for State and Local Government Law and Public Law Research Institute. Environmental Land Use and Natural Resources Public Law State Bar of California United States District Court for the Central District of California League of California Cities California Bar Association, Public Law Section
Jack P. Lipton, Ph.D.Pronouns: he, him, hisJack P. Lipton is a Partner and is Chair of our Education Law Practice Group. His practice encompasses a wide range of areas, particularly involving public and private schools and colleges. Jack Lipton has experience in collective bargaining, special education, school facilities, governance, student discipline, human resources, the Brown Act, accreditation, licensing, financial aid, construction, real property transactions, interpretation of the Education Code and Title 5 of the California Code of Regulations, contract review, and other legal issues affecting educational institutions, and he has handled cases in both state and federal courts as well as with the Public Employment Relations Board, the Bureau for Private Post-Secondary Education, the Department of Fair Employment and Housing, and the Equal Employment Opportunity Commission. Jack, who has a Ph.D. in Psychology, also has a special interest in the field of psychology-and-law. Jack also has extensive litigation experience, and he has handled writs and appeals before the California Court of Appeal, the California Supreme Court, and the U.S. Court of Appeals.Jack has served on the Editorial Board for the Journal of College and University Law, published by the National Association of College and University Attorneys.Jack received his J.D. degree, summa cum laude, from the University of Arizona College of Law, where he served as Articles Editor of the Arizona Law Review and graduated in the top 4% of his class. After law school, Jack served as a Law Clerk to the late Hon. Thomas Tang at the U.S. Court of Appeals, Ninth Circuit.A member of the California Bar, Jack is admitted to practice in the Northern, Eastern, and Central Districts of the U.S. District Court in California, as well as before the U.S. Court of Appeals, Ninth Circuit.Jack received a B.A. degree in Psychology, cum laude, from U.C.L.A. He earned a Master’s degree in Social Psychology from California State University, Northridge, and his Master’s thesis concerned psychological aspects of eyewitness testimony. Jack received a Ph.D. in Psychology from the University of California, Riverside; Jack’s doctoral dissertation, sponsored by the U.S. Justice Department, dealt with juries.Jack Lipton is Principal Bassist and a member of the Board of Directors of the Los Angeles Lawyers’ Philharmonic Orchestra.Prior to becoming an attorney, Jack had a career as an academic psychologist and taught at Humboldt State University, Union College in Schenectady, N.Y., University of Arizona, and Arizona State University. Also, before earning his Ph.D., Jack taught at Chaffey College, Fullerton College, and SanBernardino Valley College. Jack has been an adjunct professor at the Graduate School of Education and Psychology at Pepperdine University, and at Southwestern University School of Law, where he teaches Education Law.Jack Lipton has served as a Mediator and an Arbitrator, and he was Foreperson of the Grand Jury for the Central District of California.Jack has served as Chair of the Committee on Legal Issues of the American Psychological Association (“APA”) where he was involved with amicus briefs on behalf of the APA. Though currently inactive, Jack is licensed or certified to practice psychology in California, Arizona, and New York. As a psychologist, Jack has served as a consultant in both the public and private sectors, and he had regularly testified as an expert witness.Jack is widely published and has given lectures and presentations in forums throughout the United States and abroad such as at universities and professional conferences. Jack also provides legal assistance to psychologists and other mental health professionals. Education Law Employment Law and Litigation Labor Relations Litigation Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California
Martin KoslaPronouns: he, him, hisMartin Kosla primarily practices in the areas of litigation, real estate, and public law.Martin has handled numerous judicial foreclosure matters for cities and districts in order to recover delinquent special taxes (under the Mello-Roos Act) and delinquent special assessments (under the Streets and Highways Code). This has included taking judicial foreclosure cases to trial, defending appeals filed by property owners, assisting with complex workouts, taking properties to sale, assisting with credit bids at foreclosure sales, and giving general advice on bond and CFD related matters.He has experience in handling real estate transactions, including preparing agreements related to the purchase, sale, and lease of real estate. Martin has drafted various agreements concerning real property, including purchase and sale agreements, easements and deeds of trust, as well as affordable housing agreements. He has also provided clients with advice on surplus land issues related to the disposal of land by public entities. (Martin is also licensed as a real estate broker in California.)Martin has experience in transactional work, including preparing documents associated with the formation of California corporations and limited liability companies. He also has experience in handling trademark registration matters for private and public clients.Martin is an experienced litigator. In addition to prosecuting judicial foreclosure cases, he has defended government entities against alleged breaches of constitutional rights. In particular, Martin has successfully and efficiently handled numerous cases against prison staff, including defending prison medical staff against allegations of deliberate indifference to medical needs under the Eighth Amendment; defending correctional staff against alleged First Amendment retaliation claims; handling Fourteenth Amendment due process claims; defending prison officials against alleged First Amendment exercise of religion claims; defending custody staff against alleged excessive force and failure to protect claims; and handling various cases filed by inmates in state court relating to issues such as medical malpractice. He has worked on defending deliberate indifference to medical needs claims against counties and their staff. This has included defending Monell claims based on county policies and practices that allegedly resulted in the deprivation of the detainee’s rights. He has also worked on state and federal cases filed against private jail operators and police departments based on alleged failures to protect.Martin has also handled a broad range of business litigation cases ranging from defending companies for breach of contract arising out of the supply of goods and services to representing officers of private companies in disputes between their members. He has also represented public entities in real estate related matters, including lawsuits to extinguish easements and roadways.Prior to relocating to California, Martin practiced as an attorney in Melbourne, Australia, where he specialized in all aspects of business litigation. During this time, Martin also handled various real estate and transactional matters for individual and corporate clients.Before becoming an attorney, Martin served as a forward observer in the Royal Australian Artillery. Constitutional Law Litigation Public Law Real Estate Real Estate and Business Law State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California State of Victoria, Australia
Keiko J. KojimaPronouns: she, her, hersKeiko Kojima's practice includes a broad range of litigation matters, including insurance coverage disputes, bad faith liability actions, and contractual disputes. Keiko's primary focus is in the area of ERISA and employee benefits, including the representation of insurers in life, health, and disability litigation. She also provides litigation assistance to the firm's Education Law Practice Group.While attending Brown University, Keiko interned for former Congressman Esteban E. Torres in Washington D.C. She was also selected to participate in the Everett Public Service Internship Program to work as a summer intern for Citizens for Tax Justice in Washington D.C. While in law school, she received an American Jurisprudence Award in Evidence. Education Law Insurance Coverage and Litigation Litigation Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Michelle Marchetta KenyonPronouns: she, her, hersMichelle Kenyon provides legal representation for cities and other public agencies as city attorney and special counsel. Michelle currently serves as City Attorney for the cities of Rohnert Park, Calistoga, Piedmont and Pacifica, Town Attorney for the Town of Moraga, and Special Counsel to several cities in the Bay Area. She previously has served as Acting/Interim City Attorney for many cities including the City of Redwood City, Daly City, Pleasant Hill, and the Town of Danville. Her practice includes advising city councils and staff in all areas of municipal law issues such as annexation procedures, bidding and claims procedures, CEQA, code enforcement, conflicts of interest laws, contract review, elections, Government Tort Claims Act, initiatives, referenda, land use and planning, municipal finance, open meeting laws, personnel, Proposition 218, and water supply assessments.Michelle’s other areas of specialty include land use litigation and appellate advocacy. She is experienced in both state and federal trial and appellate courts, including written appearances in the U.S. Supreme Court. She has successfully served as lead attorney in litigation involving CEQA, inverse condemnation, election law, civil rights, Proposition 218 and rent control, with several outcomes garnering published decisions. Public Law Tort Claims and Products Liability State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California League of California Cities, Member League of California Cities, Board of Directors, 2017-present Public Law Executive Committee, State Bar of California, 2013-2016 League of California Cities, City Attorneys Department, Nominating Committee, Chair 2010 League of California Cities, City Attorneys Department, President, 2008-2009 League of California Cities, City Attorneys Department, First Vice President, 2007-2008 League of California Cities, City Attorneys Department, Second Vice President, 2006-2007 League of California Cities, City Attorneys Department, Nominating Committee, 1993, 1996, 2003 League of California Cities, City Attorneys Department, Legislative Committee, 1999-2000 League of California Cities, City Attorneys Department, Legal Advocacy Committee, Chair 1995-1996, Member 1994-1996 Contra Costa County City Attorneys Association, President 2006
Stephen E. VelyvisPronouns: he, him, hisSteve Velyvis is a well-respected land use and environmental law attorney with over 20 years of expertise advising and representing public agency and private clients in administrative proceedings and before state and federal trial and appellate courts.Steve has extensive advisory and litigation experience with and works daily on projects addressing complex legal issues spanning the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the Federal Power Act, and the California Coastal Act, as well as the state and federal legal and regulatory frameworks governing clean water, clean air, endangered species and electricity generation and transmission. He also routinely represents clients in land use and planning-related matters and advises on CEQA compliance issues in eminent domain matters.While Steve has extensive advisory and litigation experience with a multitude of environmental laws, he is most experienced with CEQA, having represented parties on all three “sides” of the CEQA equation. In other words, in addition to successfully representing Burke’s many municipal and public agency clients, Steve has also successfully represented numerous private clients (e.g., project applicants and project opponents.) In this regard, Steve distinguishes himself as a leading CEQA practitioner. Steve’s deep and varied experience gives him invaluable insight into what all three sides on a given CEQA project are thinking at every step along the way. This unique perspective also enables him to develop cutting-edge legal strategies aimed at resolving conflicts and prevailing in litigation, as opposed to simply posturing or falling back on routine "cookie cutter" advice and litigation tools. In sum, Steve draws on his collective experience to help Burke’s clients think outside the box and routinely provides successful, cost-effective results. Education Law Eminent Domain and Inverse Condemnation Environmental Land Use and Natural Resources Litigation Public Law Real Estate and Business Law State Bar of California State Bar of Colorado California Bar Association, Environmental Law Section Legislation Committee (member) and Environmental Law Update publication (regular contributor) American Planning Association, Northern California Chapter (Board of Directors, Legislative Director) California Solar Energy Industries Association USGBC Northern California Chapter (founding member, former steering committee member and emerging professionals chair of the Chapter’s Diablo East Bay Branch) California Special Districts Association: CEQA Expert Feedback Team Bay Area City Attorneys’ Association
Gail E. KavanaghPronouns: she, her, hersGail Kavanagh’s commercial litigation practice includes real estate title and contract disputes; eminent domain; commercial landlord-tenant matters; commercial tort actions; employment contract, discrimination and harassment actions; and trademark, copyright and trade secrets protection. Eminent Domain Employment Law and Litigation Environmental Land Use and Natural Resources Litigation Real Estate and Business Law Tort Claims and Products Liability State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California SF CASA, Court Appointed Special Advocate
Cheryl L. Johnson-Hartwell, AWI-CHPronouns: she, her, hersCheryl Johnson-Hartwell has successfully litigated over 800 disputes to conclusion. She has significant experience in federal and state court, with arbitration panels, and before federal and state administrative agencies. Cheryl provides clients with proactive strategies to manage litigation risk. She endeavors to obtain an early and cost-effective resolution for disputes and typically resolves them at or before the summary judgment phase. In those cases that proceed further, she has a record of obtaining favorable results for her clients.She also counsels employers on matters involving hiring, discipline and termination, and workplace policies. Her clients include automotive manufacturers, large-format retail, non-profit entities, security services, entertainment, manufacturing, furniture retail, and public-sector employers.Cheryl is an Association of Workplace Investigators (AWI) Certificate Holder. She conducts workplace investigations as a neutral fact-finder. Employers rely on her findings in order to make informed decisions on how to resolve internal workplace complaints. Employment Law and Litigation Workplace Investigations State Bar of California State Bar of Texas United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Thomas D. JexPronouns: he, him, hisThomas Jex is a partner with the firm and serves as the City Attorney for the City of Wildomar, Town Attorney for the Town of Yucca Valley, and provides special counsel services for the Jurupa Unified School District.Tom serves as a trusted advisor to public agency governing bodies, commissions, and staff on a wide array of municipal legal issues, including the Brown Act, Public Records Act, conflict of interest laws, planning and zoning laws, contracts, and constitutional issues, among others. He delivers advice to clients in a manner that is understandable and contains practical guidance that can be readily applied in the real world. Tom provides advice on both legal compliance and risk assessment, understanding that many situations faced by public agencies do not have clear cut answers.Tom regularly advises elected and appointed officials, navigating delicate issues with politically-divergent boards. He clearly presents the impacts of legal constraints on agency activities. Tom takes time to understand the agency’s long- and short-term goals and how the law affects those objectives, finding ways to achieve them whenever possible. He focuses on crafting legal advice that is practical and workable.Tom augments his practice by serving as a member of the Brown Act Committee of the League of California Cities - City Attorney's Department. He has served as an adjunct professor for the University of California Riverside Extension where he taught courses on the Public Records Act and Redevelopment Law.Tom lived for two years in Quito, Ecuador and is proficient in Spanish. Education Law Public Law State Bar of California United States District Court for the Central District of California United States District Court for the Southern District of California League of California Cities, City Attorney’s Department Nominating Committee, 2014 League of California Cities, City Attorney's Department Brown Act Committee, 2010-2012 and 2021 to present League of California Cities, Environmental Quality Policy Committee, League Partner Liaison
David J. HyndmanPronouns: he, him, hisDavid Hyndman practices primarily in the area of commercial litigation, with a focus on construction disputes and related matters. He represents public and private entity clients in a variety of projects, including EPC contracting, construction management, public works projects, and other complex construction matters. His experience includes evaluating and resolving claims and disputes involving water processing plants, power plants, roadways, schools, hospitals, tunnels, and airports, among other issues. David also represents clients in commercial disputes and general litigation matters. During the course of his career, he has represented clients in jury trials, arbitrations, and mediations. David is admitted to practice in both California and Wisconsin.David also has significant experience in implementing efficient and effective procedures for managing pretrial discovery in complex cases. This has frequently included managing document intensive e-discovery and electronic database issues, including implementing cost effective protocols for the review and production of millions of paper and electronic documents, as required by and in compliance with current and evolving Federal and State rules. Construction Law Litigation Public Law State Bar of California State Bar of Wisconsin United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Alameda County Bar Association American Bar Association Bar Association of San Francisco
Neil F. YeagerPronouns: he, him, hisNeil Yeager has developed an extensive and diverse practice in the areas of business, finance, commercial, and real property law where he has gained expertise over the course of more than forty years of legal practice. His practice involves both private and public clients of the firm. He has represented client interests in a broad range of complex business, finance, and commercial matters, including contract negotiation, personal property secured transactions, securities law, municipal bond law, equipment leasing, and commercial loan transactions. He also has in-depth experience in a full array of real property transactions involving commercial and industrial leasing, ground leasing, real property acquisition and sale transactions, real property finance, construction lending, options, easements and licenses, and landlord and tenant representation.During the course of his career, Neil was continuously involved in advising Unified Grocers, Inc., one of the country's largest retailer-owned grocery wholesalers. He represented this client in acquisition and leasing transactions relating to retail supermarket locations throughout California and the west, including both the acquisition and leasing of existing locations and the construction and leasing of new locations. Neil had lead responsibility over the years in representing this client in the bulk acquisition and disposition of numerous supermarket locations which became available through divestitures connected with chain store mergers.Neil has also represented many other grocery and non-grocery industry clients in acquisition and leasing transactions, including stock and asset purchases and sales, facilities leases, and general business and contract matters.Neil's depth of experience has made him a valuable resource to the firm's many public entity clients. He serves as real property counsel to the firm's public clients regarding matters such as the acquisition of property for municipal facilities, parks and open space, and the leasing or other disposition of property for commercial development. Neil has also had extensive involvement in a variety of public finance matters involving the firm’s clients, including the issuance of municipal bonds. Public Law Real Estate and Business Law State Bar of California United States District Court for the Central District of California State Bar of California, Business Law Section Los Angeles County Bar Association, Real Property Law and Business and Corporations Law Sections
John R. YehPronouns: he, him, hisJohn Yeh has been practicing law in California since 1991. A California K-12 public school product and parent, he specializes in representing and advising school districts in charter school oversight, labor and employment, and litigation. He also has extensive experience in advising school boards and school districts on the Brown Act, conflicts of interest, and the California Public Records Act. He represents and advises other educational agencies, including California Joint Powers Authorities, on their legal obligations and various aspects of their operation.John is one of the State’s most experienced advocates before trial courts, courts of appeal, and the California Supreme Court on charter school and school district matters, having achieved the following results for Burke’s school district clients:Successful adjudication before the California Supreme Court of the “Between-Term” rule in the Unemployment Insurance Code, and invalidation of appeals board precedent decision (United Educators of San Francisco AFT/CFT v. California Unemployment Insurance Appeals Board (2020) 8 Cal.5th 805);Dismissal of charter school legal challenge to revocation of its charter (Butte County Superior Court Case No.156847);Successful defense of challenge to school district award of meal service contract (San Francisco Superior Court Case No. CPF-12-512681);Summary Adjudication in favor of City against charter school's attempt to exempt itself from local zoning requirements (Santa Clara County Superior Court Case No.1-13-CV-255504);Successful challenge to county board of education’s attempt to grant exemption from local zoning to countywide charter school (San Jose Unified School District v. Santa Clara County Office of Education et al. (2017) 7 Cal.App.5th 967);Successful judgment after trial in nuisance action against charter school operating in violation of local zoning ordinances (Santa Clara County Superior Court Case No. 1-13-CV-255504);Demurrer sustained without leave to amend as to Petition for Writ of Mandate regarding salary schedule issue (Santa Clara County Superior Court Case No. 16-CV-297270);Favorable court of appeal decision addressing material revision requirement for additional charter school sites (Today’s Fresh Start Charter School v. Inglewood Unified School District (2018) 20 Cal.App.5th 276);Denial of charter school Writ of Mandate challenging school district facilities allocation under Proposition 39 (Santa Clara County Superior Court Case No. CV340197);Dismissal of charter school Writ of Mandate challenging school district facilities allocation under Proposition 39 (San Francisco County Superior Court Case No. CPF-20-517094);Affirmance of attorneys' fees award on behalf of school district against charter school (Sixth District Court of Appeal, Case No. H045884);Denial of charter school Writ of Mandate under Proposition 39 (Alameda Superior Court Case No. RG21090115);Dismissal of charter school's Constitutional equal protection and due process claims against public school administrators (Northern District Case No. 20-CV-08555-CRB).Discovery sanctions against charter schools for abuse of discovery process. (Contra Costa Superior Court Case No. MSC15-00574; Santa Clara County Superior Court Case No. 21CV380804)Denial of charter school request for injunction to stay revocation. (Alameda Superior Court Case No. 24CV078742)Charter School LawIn the area of charter school law, John has extensive experience advising school boards on the granting, denial, oversight, monitoring and revocation of charters. John’s experience includes the following:Representation of several large urban and rural unified school districts, as well as smaller K-8 districts, on how to deal with charter school issues.Advising school boards on a number of high-profile charter revocations, as well as on the review of charter petitions, having reviewed over 200 charter petitions on behalf of school districts.Advising school districts on best practices in charter school oversight, proposed charter school legislation and charter school facilities and funding.John has written widely on cutting-edge issues involving charter school law, including a definitive treatment of "Understanding Dependent Charters," Charter Schools and Collective Bargaining: The Unholy Alliance, and “Charter Schools and Collective Bargaining, Implications for Authorizing Agencies,” (California Schools, Winter 2011) a work that was cited in the Hastings Law Journal (Chen, J. “California Charter School Teachers: Flexibility in the Classroom, Vulnerability as an Employee,” 67 Hastings L.J. 1733 (2016).) He has also written on "Land Use: The New Arena In The Struggle Between Independence and Accountability For Charter Schools."Other AreasJohn also practices in the areas of personnel and employment law, with a focus on school district labor relations and personnel, including discrimination claims before the DFEH/Civil Rights Division and EEOC. He has also compiled a successful record representing school districts in arbitration hearings and unfair practice claims before PERB. He also advises school districts and other educational institutions and public entities on contracting issues, student matters, retiree benefits, data privacy, and accreditation. His litigation experience includes jury trials, bench trials, writs of mandate, and appeals. John has also been certified as an Interest Based Bargaining trainer, and speaks frequently before industry associations on charter school and school district personnel legal issues. Education Law State Bar of California United States District Court for the Central District of California Association of California Schools Administrators Education Legal Support Fund Advisory Group California Council of School Attorneys
Laurie N. GustafsonLaurie Gustafson is an accomplished commercial real estate attorney with more than 25 years of experience. Laurie focuses her practice on complex real estate, finance and construction transactions. She assists clients, both private and public, with the acquisition and disposition of commercial real property, due diligence, financing, leasing, design and construction, development and management. She handles a wide range of projects including offices, corporate campuses, retail, restaurant, shopping centers, multi-family, industrial, rural, infrastructure and mixed use. Laurie has also represented numerous cities throughout California as special real estate counsel on real property acquisitions, dispositions and leasing. She has also assisted cities with the negotiation, documentation and closing on affordable housing projects.Laurie served as the Law Clerk to Chief Justice Edmond W. Burke of the Alaska Supreme Court from 1984-1985. Construction Law Real Estate and Business Law State Bar of California Commercial Real Estate Women San Francisco (CREW SF) Commercial Real Estate Women San Francisco (CREW SF), 2015 President Commercial Real Estate Women San Francisco (CREW SF), Board of Directors 2012-2016 Commercial Real Estate Women San Francisco (CREW SF), Co-Founder, CREW SF Rising Leaders Group, for members fresher to the commercial real estate industry seeking leadership, development opportunities and mentorship
Brian S. GinterPronouns: he, him, hisBrian Ginter is experienced in all phases of civil litigation from pre-lawsuit settlement negotiations and pre-judgment provisional relief through trial and appeal. He has obtained favorable results for clients at all stages of their dispute, including temporary restraining orders, writs of attachment, summary judgment, and verdict.Brian’s practice is concentrated in the areas of business litigation, employment law, and professional liability. Having had the benefit of working in litigation firms since he was admitted to the bar, and before that as a paralegal and law clerk, he is able to prosecute and defend a wide variety of cases, which have included allegations of fraud, mass tort, unfair competition, and breach of contract. Recently, he second-chaired a trial involving a breach of contract claim by a harbor terminal company against a defaulting tenant. The case also involved allegations by the defendant that the terminal company breached the contract and damaged the defendant’s oil trading business by approximately $30 million. After a bench trial, the defendant agreed to settle the case by paying the firm’s client over $5 million.Brian’s employment law experience involves claims of discrimination, harassment, retaliation, and wrongful termination. He is frequently called upon to assist clients in difficult and sensitive cases of whistleblower retaliation or fraud and other criminal activity. Brian represented the Los Angeles Memorial Coliseum Commission in matters arising out of wide-ranging public corruption. The cases included claims against event promoters that paid more than $2 million to a person who was then employed by the Coliseum Commission. After approximately six years of litigation, which included a successful appeal to the California Court of Appeal and a parallel criminal prosecution, the defendants agreed to pay the Coliseum Commission $3.5 million. Other recent work includes representation of a public entity in defense of race discrimination allegations. The case resulted in a unanimous defense verdict after a two-week trial.In the professional liability arena, Brian has successfully represented lawyers, architects, and engineers involving claims of breach of contract, malpractice, conflicts of interest, breach of fiduciary duty, and fraud. He has also litigated claims against these professionals as well as accountants when the professional’s service has caused injury to the client.Away from the office, Brian enjoys staying active in competitive sports. He is an avid baseball player. Along with his wife, he also races with the Vintage Auto Racing Association and other vintage auto racing organizations. Construction Law Employment Law and Litigation Insurance Coverage and Litigation Inverse Condemnation Labor Relations Litigation Tort Claims and Products Liability State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Los Angeles County Bar Association
Algeria R. FordPronouns: he, him, hisAlgeria Ford is a member of the Public Law, Labor and Employment, Litigation, and Education practice groups. Al currently serves as City Attorney for the City of Simi Valley, Assistant City Attorney for the City of Cathedral City and Assistant City Attorney for the City of Rialto. Al also serves as General Counsel for the Banning Library District, General Counsel for City of Simi Valley/Waterworks District No. 8, and Assistant General Counsel for the Sunline Transit Agency. In addition, Al serves as special counsel in the areas of police and employment law for the Hesperia Unified School District, the Val Verde Unified School District, and the Apple Valley Unified School District. Finally, Al provides special counsel labor and employment services to Fritts Ford Riverside.In the area of litigation, Al has extensive experience in the areas of labor and employment, civil rights, tort and premise liability, and code enforcement. Al has also handled appeals in the California Court of Appeal as well as the Ninth Circuit Court of Appeal.In the public law arena, Al advises on Public Records Act and subpoena responses, Brown Act problems, Conflicts of Interest and Pitchess motions. Al’s practice also includes conducting independent internal investigations, serving as lead labor negotiator for public entity negotiations, advising and representing employers on discipline issues and during grievance procedures, drafting ordinances, and providing general advice to department heads, elected officials, and private employers. Al also has a robust training practice and routinely trains clients on emerging issues for public entities including in the law enforcement, employment law and records disclosure context.Prior to joining the firm, Al represented public sector clients while employed with the San Bernardino Office of County Counsel as a member of both the litigation and employment groups. In that capacity Al obtained successful results on various motions and as counsel in jury trials, assisted in drafting policies and rules, regularly advised on POBR issues, Internal Affairs Investigations and employment disputes, and represented the County before the Civil Service Commission. In addition, Al advised the Sheriff Department during federal investigations.Al previously worked as a Deputy District Attorney with the Orange County District Attorney’s Office, where he prosecuted multiple cases to jury verdict. Prior to that he worked for the Louisville Metro Public Defender’s Office, obtaining successful results for clients at hearings and jury trial.During law School, Al was the Editor-in-Chief of two of the school’s three legal journals, was a member of the Moot Court Board, and served on the school’s National Trial and National Environmental Moot Court Teams. In addition, he won the School’s prestigious oral advocacy competition during his second year of law school and received honors for obtaining the highest grade in Advanced Constitutional Law, Advanced Trial Practice, and Criminal Procedure. Constitutional Law Education Law Employment Law and Litigation Labor Relations Law Enforcement Defense Public Law Workplace Investigations State Bar of California State Bar of Kentucky United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Western District of Kentucky
Nira F. DohertyPronouns: she, her, hersNira Doherty is an experienced city attorney, litigator, andland useexpert. Herlitigationand transactional practices emphasize land use, CEQA, housing and government law issues. She serves as the City Attorney for the City of Menlo Park, General Counsel for the Tahoe Donner Association, and General Counsel for the Tahoe Transportation District.Nira represents dozens of cities and public agencies, as well as private landowners and developers on land use, zoning, CEQA and Subdivision Map Act matters. She represents clients in all phases of development including entitlement and administrative approvals, general plan updates, CEQA compliance and enforcement of zoning laws.Nira advises both private and public agency clients on State housing laws including Density Bonus Law, SB 35, Housing Accountability Act, SB 330 and ADU laws. She has negotiated and drafted development agreements and performed affordable housing diligence review.Nira has also overseen citizen initiatives from inception to election and represented cities in litigation regarding ballot measures. She has successfully served as lead attorney in litigation involving CEQA, general plan updates, inverse condemnation, contract disputes, health and safety receiverships, code enforcement matters, and tort claims.Nira graduated from UC Davis School of Law where she was a member of the UC Davis Law Review and Editor-in-Chief of the UC Davis Environmental Law and Policy Journal. Nira externed for the former Chief Judge Vaughn Walker of the U.S. District Court, N. Dist. of California and clerked for Judge Steven Bernard of the Colorado Court of Appeals. Employment Law and Litigation Environmental Land Use and Natural Resources Public Law Tort Claims and Products Liability State Bar of California United States District Court for the Northern District of California State Bar of Colorado
Sheila DelshadPronouns: she, her, hersSheila Delshad represents clients in various labor and employment law matters. Her counseling practice focuses on discrimination, harassment, retaliation, wage and hour claims, independent contractor issues, employment contracts, due process, medical leaves and disability accommodation and public pension and health benefits. Sheila also has extensive experience counseling and assisting clients with internal reviews and revisions of employment policies and procedures, as well as conducting neutral investigations of workplace complaints.Sheila has served as lead labor negotiator for multiple collective bargaining agreements and continually advises employers on an array of labor relations matters such as the meet and confer process, grievances, discipline, layoffs, reorganizations and contracting out.Sheila’s litigation practice includes considerable work defending public agencies against class action claims of worker misclassification and discrimination. She has defended and counseled employers in matters involving both state and federal law, such as equal employment opportunity under Title VII, the Family and Medical Leave Act, the Americans with Disability Act, the Fair Labor Standards Act, the California Family Rights Act, the California Pregnancy Disability Leave Act and the Meyers-Milias-Brown Act.While attending University of Southern California Law School, Sheila represented indigent clients with USC’s Immigration Law Clinic and with Bet Tzedek Legal Services. Sheila has also served as an extern to the United States Attorney's Office and as a law clerk to the Metropolitan Water District of Southern California. Employment Law and Litigation Labor Relations Workplace Investigations State Bar of California United States District Court for the Central District of California
Donald M. DavisPronouns: he, him, hisDon Davis has provided contract city attorney and general counsel services to public agencies throughout California for over 25 years. He currently serves as the City Attorney for Rolling Hills Estates, Assistant City Attorney for the City of Camarillo, General Counsel for the Friant Water Authority, and General Counsel for the Bear Valley Community Services District. Don also provides special counsel services for numerous other Burke public entity clients.Don has considerable expertise in land use and planning having advised numerous planning commissions and city councils throughout his legal career. He regularly consults with city planning staffs on matters ranging from General Plan amendments to use permits. Don has drafted dozens of major zoning and land use ordinances. His land use practice emphasizes the regulation of matters that implicate federal and state rights of freedom of speech and expression such as signage, adult businesses, protests, and solicitation.Don enjoys governance issues and has extensive experience in the preparation and amendment of various governance documents such as joint exercise of powers agreements, joint powers authority bylaws, and memorandums of understanding between multiple agencies.Don is an authority on the Brown Act, Public Records Act, and other government transparency and ethics laws and is the firm’s principal instructor for AB 1234 ethics trainings. He has provided seminars around the state on these subjects, which have been attended by hundreds of public officials and staff members. He is the principal author of the Brown Act Compliance Manual and the Public Records Act Compliance Manual for the California Special Districts Association. Don is an advocate for the use of plain language in governmental documents and his writing seminars on the topic are popular with local government associations and agencies.Don regularly handles a broad range of real estate transactional matters for public agencies such as property acquisitions, financing, leasing, and dispositions. As part of such transactions, he provides advice on appraisals, title reports, legal descriptions, engineering, and survey issues. In the course of his practice, Don has assisted public and private clients in the purchase or sale of thousands of acres of property valued in the hundreds of millions of dollars. Don has drafted a variety of easement, license, and encroachment agreements with respect to both public and private uses and projects. Don has also worked on solar energy projects, including power purchase agreements.Don has significant experience with a wide variety of environmental issues including CEQA and NEPA. In working with the firm’s public and private clients, Don has handled all aspects of the CEQA/NEPA compliance process, including the hiring and management of project specialists in various environmental disciplines. He routinely provides advice and opinions onCEQA/NEPA compliance strategies, and has reviewed and commented on numerous CEQA/NEPA documents ranging from notices of preparation to mitigated negative declarations and environmental impact reports.Don is proficient in negotiating, drafting, and reviewing contacts for public agencies, including contracts for public works projects, maintenance, goods and services, consultants and professional services. Don is a strong proponent of plain language in public contracts, which should be readable and understandable to public agency staff and the general public – not just lawyers.Don regularly provides advice on a range of public finance matters such as Proposition 218 and 26, the adoption and adjustment of public fees, rates and charges (including sewer, water and solid waste rates), and has advised clients on the formation and oversight of assessment districts, community facilities districts, and other special financing mechanisms.As a litigator, Don has successfully defended public agencies in matters involving due process, equal protection, freedom of speech, government torts, inverse condemnation, public bidding and contract disputes, and writs of mandamus including CEQA suits. Don also has represented private clients in real estate, contract, and business-related litigation.Prior to becoming an attorney, Don served as a United States Peace Corps Volunteer in Yemen and also worked as an international educational consultant. Environmental Land Use and Natural Resources Litigation Public Law Tort Claims and Products Liability State Bar of California United States District Court for the Central District of California California Special Districts Association City Attorneys Association of Los Angeles County Association of California Water Agencies
Melissa M. CowanPronouns: she, her, hersMelissa M. Cowan is a highly skilled litigator with decades of experience representing a broad spectrum of clients. She has achieved success for first-party insurers, third-party administrators, and employee benefit plans at national, state, and local levels. Her results – including two separate jury verdicts for punitive damages against fraudulent insureds – have contributed to the development of insurance law within the Ninth Circuit and California. Her broad expertise includes long-term care, disability, accident, life, health, critical care, and ERISA.Her practice also includes representation of public and private employers in discrimination, retaliation, wage and hour class action, and sexual abuse matters.Melissa combines her deep experience in investigating and uncovering fraud with her litigation expertise to advise and represent clients on fraud-related issues. She is accredited as a Certified Fraud Examiner (CFE).As a veteran speaker at national and regional forums, Melissa strives for new ways to keep fraud, best practices, and industry issues reasonable and thought-provoking. Her special interests include fraud/false claims, “bad faith”, ERISA, litigation tactics, legal trends, and claims practices.Melissa serves on Burke’s Personnel Committee and co-leads the Insurance Practice Group. She is likewise an active member of the DEI Committee and Education Sub-Committee.When not working tirelessly for clients, Melissa enjoys adventures with her family, musical theater, and UCLA Bruin volleyball and basketball. Her views on life and the law are exemplified in the philosophies of the great UCLA Coach John Wooden, who said, “It takes time to create excellence. If it could be done quickly, more people would do it.” Insurance Coverage and Litigation Litigation Real Estate and Business Law Workplace Investigations State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Defense Research Institute International Claim Association The Association of Life Insurance Counsel Association of Certified Fraud Examiners
Susan E. ColemanPronouns: she, her, hersSusan Coleman is a Partner at Burke, Williams & Sorensen LLP with 27 years litigation experience and a strong background in constitutional law/civil rights litigation and employment law. Susan has defended individuals and officials, governmental entities and corporations in 50 civil jury trials in federal and state courts throughout California, with very successful results (over 95% defense verdicts). Susan holds an Advocate status within the American Board of Trial Advocates (ABOTA).Susan worked for the Department of Justice, Office of the Attorney General, for over 13 years. Since going to private practice, Susan has represented various entities such as the cities of Alhambra, Burbank, Hemet, Long Beach, Los Angeles, Modesto, Newport Beach, Pasadena, Simi Valley, Stockton and Riverside; the county of San Bernardino; the GEO Group; Management & Training Corporation; Alcohol Monitoring Systems Inc., the Bureau of Prisons, the California Department of Corrections and Rehabilitation, and those entities’ individual employees and executives.Susan also has extensive experience with class action litigation, including several class actions on behalf of the Department of Corrections, and she represented the Board of Parole Hearings in a lengthy bench trial involving the Americans with Disabilities Act (Armstrong v. Davis). In the last few years, Susan has defeated class certification in cases for various clients.Susan has specialties in certain unique areas of law including officer-involved shootings and other uses of force, alleged wrongful conviction cases and ankle-monitor related litigation (for companies such as AMS, B.I. Inc., and LCA Inc.). She also conducts personnel investigations as needed for clients.Susan has consistently taken measures to ensure excellent representation of her clients in a cost-effective manner. For example, she recommends LVN review and summary of medical records (providing a medical expertise at a fraction of attorney billing rates); she keeps brief banks on common areas of law in order to avoid re-inventing the wheel for each case; and she takes every effort to eliminate defendants and/or claims from the case at the earliest opportunity, prevailing on many cases at the motion to dismiss or demurrer stage. While many cases cannot be defeated at the initial motion stage, Susan has had excellent results in prevailing in summary judgment and at trial. She is also in favor of, and actively pursues, measures to decrease future litigation, such as pursuing the award and recovery of costs after prevailing, having plaintiffs declared as vexatious litigants where appropriate, or seeking recovery of fees and costs under FRCP 41(d) for prior lawsuits when there are successive similar lawsuits.During law school, Susan served as Articles Editor for the Santa Clara Law Review. In addition, she held a clerkship for the California Court of Appeal, Fourth District for Justice J. Smith. After obtaining her J.D., Susan attended San Francisco State University’s Master’s in Tax program from 1994-1996, completing all but thesis. Constitutional Law Employment Law and Litigation Law Enforcement Defense Litigation Public Law Tort Claims and Products Liability State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California United States District Court for the District of Colorado American Board of Trial Advocates, Associate President, Federal Bench Executive Committee, California State Bar – 2016, Vice President - 2015, and member 2012-2014 Member, Public Safety Committee, League of California Cities, 2013 - 2014
Fabio R. CabezasPronouns: he, him, hisFabio R. Cabezas consistently brings an advocate’s skill, common sense judgment, and high energy to his practice. He takes pride in being a litigation attorney. He has taken matters from their start through trial and appeal. He has represented clients throughout California in the areas of real estate, business, insurance, intellectual property, and employment litigation for over twenty-five years. He has litigated cases in state and federal courts throughout California. He has argued cases before Appellate Courts in California and has litigated cases in Bankruptcy Courts in California. Intellectual Property Litigation Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central, Eastern, Northern, and Southern Districts of California United States District Court for the District of Colorado Orange County Bar Association OCBA Community Outreach Committee Orange County Hispanic Bar Association, Past President St. Thomas More Society of Orange County, Past President
Thomas B. BrownPronouns: he, him, hisThomas Brown has been with Burke since 2010. He served for eight years as the City Attorney for the City of St. Helena, and 12 years as the City Attorney for the City of Napa, prior to which he served as Senior Deputy City Attorney for the City of Berkeley.Tom represents public agency clients. His practice focuses on all aspects of municipal law. He has extensive experience advising clients and litigating in land use, zoning and planning, the California Environmental Quality Act ("CEQA"), real property entitlements, police power, charter cities, municipal taxation, Brown Act, Public Records Act, code enforcement, intergovernmental relations, grand juries, elections, initiatives, and referenda.Tom has successfully litigated several cases involving issues under California’s open meetings law, the Brown Act. He has provided training under the Brown Act and the Public Records Act, including for the League of California Cities at its annual New Mayors and Councilmembers orientation meeting each January. He has frequently provided ethics training under AB 1234.Tom was a visiting professor at Sonoma State University where he taught "California Land Use Law." He is a past President of the City Attorneys Department of the League of California Cities. Environmental Land Use and Natural Resources Litigation Public Law Real Estate and Business Law State Bar of California Supreme Court of the United States United States Court of Appeals for the Ninth Circuit United States District Court for the Eastern District of California United States District Court for the Northern District of California League of California Cities - President, City Attorneys Department, 2014-15 League of California Cities - First Vice-President, City Attorneys Department, 2013-14 League of California Cities - Second Vice-President, City Attorneys Department, 2012-13 League of California Cities - City Attorneys Department Nominating Committee League of California Cities - Chair, Legal Advocacy Committee League of California Cities - Member, Legal Advocacy Committee League of California Cities - City Attorneys Department Municipal Law Handbook Committee, 2010-2012 League of California Cities - Co-Chair, City Attorneys Department Medical Marijuana Subcommittee, 2011-2017
Susan E. BlochSusan Bloch specializes in affordable housing, economic development, and transactional real estate matters. Susan has over 25 years of experience representing private and non-profit developers and public agencies, including cities, counties, housing authorities, and redevelopment successor agencies in transactions involving the acquisition, development, financing, leasing and sale of residential, commercial and industrial properties; and the development and implementation of affordable housing policies and programs.Susan has provided special counsel services on real estate and affordable housing transactions for Alameda County, Placer County, the Santa Clara County Housing Authority, the cities of Oakland, San Jose, Union City, San Leandro, Mountain View, Morgan Hill, San Carlos, Daly City, South San Francisco, Petaluma, Napa, Pleasanton, Redwood City, Dublin, Cathedral City, Rialto, Hemet, and Livermore, and other public entities including Los Angeles World Airports (LAWA), the Community Redevelopment Agency of the City of Los Angeles, Renewal Enterprise District, Sacramento Regional Transit District, East Bay Regional Parks District, the Transportation Agency of Monterey County, and the Moraga-Orinda Fire District. Her nonprofit clients include Veterans Housing Development Corporation, Christian Church Homes, YWCA Golden Gate Silicon Valley, the California Odd Fellows Foundation, and the Hilarita-Tiburon Ecumenical Association.Before beginning her practice as an attorney, Susan served as Program Manager with the Sacramento Housing and Redevelopment Agency and as a consultant to the Neighborhood Reinvestment Corporation and the National Economic Development and Law Center. She has been a speaker at conferences and seminars sponsored by the League of California Cities, the California Continuing Education of the Bar (CEB), the Real Property Section of the California State Bar, the California Redevelopment Association, Housing California, the Northern California Association for Non-Profit Housing, California Association for Local Economic Development (CALED), the California Association of Local Housing Finance Agencies (Cal-ALHFA), the Bay Area City Attorneys Association (BACA) and the City Attorneys Association of Los Angeles County (CAALAC). She has served as a member of the Board of Directors of California Association of Local Housing Finance Agencies since 2014. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Northern District of California State Bar of California, Real Property Law Section Los Angeles County Bar Association, Real Estate Section American Bar Association, State and Local Government Law Section American Bar Association, Affordable Housing and Community Development Forum
Michael G. BiddlePronouns: he, him, hisMichael brings nearly thirty years of experience to his practice advising public agencies on all matters of municipal law while emphasizing real estate acquisition, site remediation, land use, CEQA, land disposition and development, and redevelopment dissolution. Michael served the City of Emeryville as its City Attorney from 1994 through 2015, after serving as its Assistant City Attorney for the previous five years, and routinely advised elected and appointed officials, City management and staff on a broad range of issues relating to economic redevelopment, hazardous materials remediation, affordable housing, planning and zoning, public contracting, public art, public finance (taxes, impact fees, assessments), governance (Ralph M. Brown Act, Public Records Act, Political Reform Act), and elections. Michael was also responsible for the management of several site remediation projects undertaken by the City and its former Redevelopment Agency, as well as the City’s regulatory Brownfields Program in coordination with the Department of Toxic Substances Control and the Regional Water Quality Control Board.Michael is a member of the Post-Redevelopment Task Force organized by the City Attorney’s division of the League of California Cities to provide guidance to cities and successor agencies on redevelopment dissolution matters. Environmental Land Use and Natural Resources Public Law Real Estate and Business Law State Bar of California League of California Cities, City Attorney's Division Post-Redevelopment Task Force California Bar Association, Environmental Law and Public Law Sections
Michael B. BernacchiMichael Bernacchi is a trial attorney whose practice is devoted to both commercial litigation and defense of life, health, disability, and property/casualty insurance claims. He has engaged in civil litigation and trials in state and federal courts for over twenty-five years, having litigated over 250 cases in federal court alone. He has tried numerous cases to judgment, handling them up through the appellate court level of review. His business litigation experience includes complex business disputes, including actions under Business and Professions Code §17200, and litigation involving Proposition 64. He specializes in defending bad faith and ERISA claims but also has experience in property and casualty cases and environmental coverage disputes. In the last year alone, he has successfully dismissed bad faith and punitive damages in two separate first party insurance lawsuits.Mike received his B.A. degree from the University of California, Berkeley, in 1988 (cum laude in political science) and his J.D. degree from Loyola Law School of Los Angeles in 1992. While at Loyola, Mike was a note and comment editor for the Loyola Law Review. Insurance Coverage and Litigation Litigation Real Estate and Business Law State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California
Denise S. BazzanoPronouns: she, her, hersDenise Bazzano is a member of Burke’s Public Law Practice Group where she leverages her multi-faceted experience in municipal law and litigation to assist public entities in a variety of legal and regulatory matters. Denise currently serves as Assistant City Attorney for the cities of Pacifica, Foster City and Watsonville and the Assistant Town Attorney for the Town of Moraga.Denise regularly advises city councils, planning commissions, boards and staff on a wide range of both transactional and litigated matters including issues relating to conflicts of interest, code enforcement, cannabis regulation, contracts, land use, public works projects, purchasing, elections and areas of liability such as dangerous conditions of public property. Additionally, she provides regular advice regarding compliance with the Political Reform Act, Brown Act, the California and U.S. Constitutions, the Subdivision Map Act, and the Public Records Act. To assist her clients in understanding the law, Denise regularly provides AB 1234 training as well as specialized training in the Public Records Act and Brown Act.Denise regularly advises city councils and staff on elections related issues including ballot measures and campaign activity. She has also assisted several cities in transitioning to district based elections and redistricting under the California Voting Rights Act of 2001 and the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.Denise also advises councils, planning commissions and staff on a broad range of land use and planning matters, including advising public agencies on issues related to CEQA compliance, land use approval procedures, and processing of land use applications for both commercial and residential development projects. Additionally, Denise provides advice on real estate transactions and has experience drafting and negotiating purchase and sale agreements, lease agreements, lease terminations, easements and development agreements.Denise has extensive experience in code enforcement issues and regularly advises city councils, commissions, and staff on the interpretation and application of administrative laws and procedures, zoning regulations, as well as criminal enforcement of municipal codes. Denise advises clients on constitutional considerations relating to a public agency’s enforcement efforts such as a city’s sign regulations. She has also worked with several cities to develop programs relating to the regulation of special industries such as massage and cannabis. Due to Denise’s skills and experience, she is able to provide both advisory and litigation services to her clients on enforcement issues relating to blighted property and substandard buildings. For each of her clients, she works closely with staff to develop an enforcement strategy that complies with legal requirements and achieves the code enforcement goals of the client.Denise is currently a member of Cal Cities Municipal Law Handbook Committee. Public Law Tort Claims and Products Liability State Bar of California Alameda County Bar Association, Public Law Section Contra Costa County City Attorney's Association Cal Cities Municipal Law Handbook Committee
Daphne M. Anneet, AWI-CHPronouns: she, her, hersDaphne Anneet is an experienced litigator, labor negotiator, and investigator. Daphne is Chair of the firm’s Diversity, Equity and Inclusion Committee and Vice-Chair of the firm’s Labor and Employment Practice Group. She has also served as a member of the firm’s Management Committee.A skilled litigator, Daphne has achieved excellent results for clients in state and federal court, as well as in arbitrations and administrative proceedings. She represents public and private entities in matters ranging from class actions, discrimination, harassment, whistleblower retaliation, wage and hour, worker misclassification, pension, civil rights, unfair labor practice disputes, false claims, and disciplinary appeals. As lead defense counsel in numerous class actions and complex litigation, Daphne has a proven track record of achieving successful results in a variety of creative and cost-effective ways. A graduate of the LA County Bar Association’s Trial Advocacy Project, Daphne has served as a pro bono prosecutor.Daphne serves as the lead negotiator for employers during collective bargaining. She has successfully negotiated challenging and sensitive issues such as contracting out of fire services and waste management services, salary and health benefit concessions, furloughs, layoffs, changes to retiree medical benefits, and changes to pension benefit formulas and contributions. Daphne also has experience representing employers during fact finding proceedings.As an investigator, Daphne has earned the distinction of Association of Workplace Investigators Certificate Holder (AWI-CH). She conducts independent investigations of complaints involving discrimination, harassment, retaliation, workplace misconduct, and alleged conflicts of interest. She also enjoys training and has written and lectured on a wide array of employment issues for many organizations at their annual training conferences and conventions.In recent years, Daphne has taken on the role of General Counsel to local commissions. She serves as General Counsel to the City of Coronado’s Civil Service Commission. She has also served as General Counsel to the Simi Valley Disciplinary Appeal Board.A team builder and team player, Daphne brings together superior litigation skills and subject matter expertise within the firm to develop winning litigation strategies. Daphne thrives on developing a deep knowledge of the client, its mission, structure and governance, practices and culture, and expectations of defense counsel. Her success is rooted in her proactive approach and deep commitment to building strong relationships with every member of the defense team, providing regular client communication, and building consensus on the defense strategy.Daphne received her Juris Doctor, magna cum laude, from Southwestern Law School, where she was awarded the Outstanding Woman Legal Graduate Award. She has been honored to serve on Southwestern’s Board of Trustees.Daphne is a Past Executive Committee Member of the Labor and Employment Law Section of the LA County Bar Association, an affiliate member of CALPELRA, and a member of the Association of Workplace Investigators. She is a Past President of the National Association of Women Business Owners, LA Chapter. She has supported her local community as a soccer coach and member of the boards of AYSO - American Youth Soccer Organization and MHS Arts Angels. Education Law Employment Law and Litigation Labor Relations Law Enforcement Defense Litigation Public Law Workplace Investigations State Bar of California United States District Court for the Central District of California California Public Employer Labor Relations Association, Affiliate Member Association of Workplace Investigators Labor and Employment Law Section of the LACBA, Past Executive Board Member National Association of Women Business Owners-LA (NAWBO LA), Past President
Gregory R. AkerPronouns: he, him, hisGregory Aker specializes in the litigation and trial of complex business disputes. During his more than thirty years as an attorney, Greg’s litigation practice has included almost every major area of the law.Greg has represented clients in litigation involving business and commercial contract disputes, bankruptcy and creditors’ rights, violation of state and federal securities laws, unfair competition, the protection of trade secrets, secured transactions and commercial law, real estate transactions and land use disputes, evictions and other landlord/tenant disputes, wrongful termination and employment discrimination.In the area of financial services litigation, Greg has handled cases involving commercial loans, bankruptcy claims, foreclosures, securities processing services, lender liability actions, deposit accounts, checks, wire transfers and other bank operations matters, the interpretation and enforcement of factoring agreements, and intercreditor agreements.Greg has handled major litigation involving a variety of construction projects nationwide, including courthouses, power plants, condominium developments, and hotels. He has represented construction contractors and project owners, as well as architects and engineers, in litigation, arbitration, and mediation. Construction Law Employment Law and Litigation Financial Institutions and Bankruptcy Litigation Public Law State Bar of California Supreme Court of the United States United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California Bar Association of San Francisco Alameda County Bar Association
Brian M. AffruntiPronouns: he, him, hisBrian Affrunti has represented both private companies and public entities in a broad array of complex civil litigation matters. Brian has extensive experience representing clients in litigation in both federal and state courts in disputes involving real estate, employment, business disputes, intellectual property and products liability.During his fifteen year career, Brian has gained significant trial experience, having tried numerous jury cases, court trials and binding arbitrations. Brian also has considerable experience in trial preparation, discovery, and law and motion.Brian was recognized for his achievements in Moot Court while attending the University of California, Hastings. Intellectual Property Litigation Real Estate and Business Law State Bar of California United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California Santa Clara County Bar Association