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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.

College-campus-from-aboveOne of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully honor the legal rights of all concerned.  Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating “on the

2A couple of years ago we blogged about Amicus Curiae briefs, their role in the appellate law, and how they can benefit California’s employers. Since our original post, we witnessed a number of cases in which Amicus Curiae briefs played a significant role in landmark cases.  Such briefs continue to be an important way for

MP900289067Christianity, Judaism, Islam, Buddhism, and Hinduism are typically cited as the major religions of the world, although there are many others that have tens of millions of adherents or more.  The United States has no official established religion, and instead since its founding has guaranteed its citizens the right to free choice and exercise of

Supreme CourtOn April 26, 2016, the U.S. Supreme Court decided that a public agency can incur liability for a First Amendment violation if it demotes or disciplines one of its employee based on the agency’s mistaken belief that the employee has exercised a right of free expression.  The Court’s decision in Heffernan v. City of Paterson

US Supreme CourtAn unprecedented number of protests – at educational institutions and in city streets – occurred nationwide last year, and protests continue to serve as focal points for public attention and debate going into 2016.  The legal realm concerning free speech is in a similar state of turbulence for public employers and for educators.

Here are

globeAn officer in the City Police Department at which you are employed receives an award for commendable service.  The Police Chief posts an announcement and his praise of the officer on the Police Department’s Facebook page.  In the midst of the congratulatory posts from the public, two citizens post comments sharply criticizing the Department.  You

Gavel-and-Books.JPGMany 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 Judgment Rule.”  The rule certainly sounds dark and fateful.  Perhaps

globeTuesday’s post discussed four important issues in First Amendment law which will involve the Supreme Court and other courts deciding fairly traditional, “earth bound” questions of free speech.  Today’s post explores more unusual challenges facing the courts in 2015.

1. Individuals’ Speech on Facebook:

Does the First Amendment protect an individual who makes menacing and