Public Law

Wickwire Gavin's Public Law Group represents a wide-range of public entities in a variety of matters that typically require special expertise in complex cases or are too large to be handled by regular or in-house counsel. We also represent private corporations involved with public agencies. Much of the work deals with legal issues unique to public entities.

The Public Law Group's representation largely (but by no means exclusively) involves litigated matters. It includes the entire litigation process in the state and federal courts, from initiating or responding to a lawsuit, to discovery, pre-trial motion practice, jury and bench trials, and appeals. We use cutting edge electronic tools in order to handle matters in the most cost-effective manner. Representative matters include:

  • Qui tam actions concerning false claims by contractors of public entities
  • Challenges to public entity payments, fees, and taxes
  • Disputes under public entity contracts
  • Constitutional challenges to public ordinances and regulations (including equal protection, due process, free speech, and exercise of religion)
  • Civil rights actions
  • Challenges to public civil service classification
  • Public Pension rights and obligations
  • Eminent Domain actions
  • Inverse condemnation and related claims over landslides and public takings of property
  • Public construction project claims of design defects, delay, disruption, and change orders
  • Class Actions and representative suits

The Public Law Group also represents public entities and private corporations in matters outside litigation. Our representation includes helping public agencies to avoid or minimize the risk of litigation as well as advising private clients on how to comply with applicable law. These matters have included:

  • Advising public and private entities concerning their rights and obligations under public contracts, statues, ordinances, and regulations
  • Drafting and reviewing public contracts and ordinances for public agencies
  • Advising public entities on pre-litigation disputes, risk management and claims avoidance or minimization

Representative Matters

  • El Camino Community College: Advice and representation of El Camino Community College on design, construction, and contracting issues and disputes arising out of the college's current $400 million campus-wide expansion and reconstruction program.

  • California State University: Successful defense for the Trustees of the California State University of over $10 million in contractor delay, disruption, over-inspection, and change order claims arising out of the construction of a major new series of buildings at the Northridge campus, including prosecution of false claim allegations against the contractor. The contractor ultimately abandoned all of its claims.

  • City of Los Angeles, Hyperion C-109, C-111, C-741, and C-112 Projects: Served as outside counsel to the City Attorney's Office in connection with litigation arising out of four major projects at the City's Hyperion Wastewater Treatment Plant. The contractors' claims totaled in excess of $160,000,000, and each raised issues of alleged defective plans, extra work, delay, and disruption. In addition, in each case the City sought liquidated damages. One of the cases involved substantial claims of defective workmanship by the City, and in three of the cases the City brought a cross-complaint alleging violations of the False Claims Act and bidding irregularities. Three of the four suits have been resolved by settlements on terms favorable to the City; the fourth is still pending. Wickwire Gavin was sole lead outside counsel on two of the cases, and co-outside counsel on the other two, with responsibility for all aspects of the litigation, including development and execution of the City's strategy, coordination of multiple experts, discovery, and settlement.

  • County of Los Angeles: Successful defense of the County of Los Angeles in a multi-million dollar public contract dispute with one of the third party administration companies hired by the County to manage the County's self-funded worker's compensation program. Presently prosecuting claims by the County against this same third party administrator to recover millions in statutory penalties imposed due to that administrator's actions. Presently advising the County on the most cost effective litigation methods and potential statistical analyses to enable the County to recover millions in additional statutory penalties from other third party administrators.

  • Representation of National Organization of Life & Health Guaranty Associations in reorganization of Executive Life Insurance Company.

  • Representation of TIG Insurance in Class Action Workers' Compensation Premium Suit.

  • Defense of major contractor in MGM Fire and MGM Fire Insurance cases.