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David Urban represents organizations in all aspects of labor and employment law. He has successfully defended employers in cases involving alleged discrimination and retaliation, disability, medical leave, privacy, trade secrets, and alleged violation of wage and hour laws such as the Fair Labor Standards Act ("FLSA") and California's Wage Orders and meal and rest break laws. He has successfully represented government agencies in lawsuits alleging deprivation of constitutional rights, including lawsuits under 42 U.S.C. section 1983.

This year saw perhaps the largest public protests in American history, one of the most contentious election years, vast public use of social media to achieve political and social goals, and harsh debate on whether government mandates designed to combat the pandemic infringe constitutional rights, including the right to free expression.  Free speech challenges rose

Election day, November 3, 2020, is only several months off.  Almost all agree the election will be historic, with a high-level of public activity anticipated, whether through donations, rally participation, letter writing, buttons, t-shirts, banners, yard signs, word-of-mouth, or social media.  Protests and even civil disobedience are possible.  Election times present unique issues for California

Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country.  Many people feel compelled to speak openly and passionately about an issue of national importance.  Public employees likely wish to express their views as well, and this includes not

An important part of the litigation practice is appellate law.  One side can win in the trial court – by a motion to dismiss, on summary judgment, or after a jury trial – only to have the result overturned on appeal.  The court of appeal can send the parties back for an entirely new trial,

In a unanimous decision published today, the California Supreme Court held that the Los Angeles County Sheriff’s Department (LASD) could share with prosecutors the names of deputies on its “Brady list” in particular cases without seeking a court order after a Pitchess motion.  The Court held that the LASD would not violate Pitchess “by

This post was authored by David Urban

Cities, counties, special districts, public educators, and other government entities who invite public comment and contribution on their Twitter accounts, Facebook pages, websites, or other spaces on the internet might face liability for violating the First Amendment if they remove content posted by members of the public

This post was reviewed in September 2019 and is up-to-date.

Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final

The post was authored by David Urban.

Controversies over free speech, disruptive protests, sharp debates among faculty, withdrawal of invitations to controversial speakers, and interference with rights of expression happen just as much at private as at public colleges and universities. The difference, however, is that the First Amendment to the U.S. Constitution binds