We advise our public sector clients on all aspects of labor and employment law, working with them to develop proactive and cost-effective solutions to the issues that public entities face on a daily basis.  We represent public entities, large and small, in connection with labor contracts and collective bargaining matters. We also handle issues  relating to ADA, FMLA, FLSA, discrimination, harassment, whistleblower laws, as well as unemployment or workers’ compensation, due process, statutory and common law claims.

Capabilities 

• Appointments
• Collective bargaining
• ADA, FMLA, FLSA, Discrimination, Harassment, Whistleblower Claims
• Wrongful discharge
• Civil Service Hearings
• EEOC & State Agency Proceedings
• Handling grievances and arbitrations
• Discipline & Discharge
• Workers’ Compensation Defense
• Unemployment Compensation Defense
• Due process claims
• Common law claims
• Statutory claims
• Consultation and training

Our team has defended hundreds of zoning commission and board of zoning appeals decisions as well as defended many constitutional challenges to zoning ordinances. We have also counseled and negotiated on behalf of clients in a wide range of multi-million-dollar construction and real estate matters involving municipal, township and school-related projects. We are uniquely situated in that we represent, as general and special counsel, numerous cities and villages across our footprint in real estate litigation, inverse condemnation and eminent domain cases, including the successful management of over 100 eminent domain lawsuits in the last five years alone. While we stand ready to aggressively defend public entities in litigation, we are equally adept at guiding clients through the alternative dispute resolution (ADR) process.

Capabilities 

• Advice on project delivery methods and contract types, including lump sum, cost-plus fee, guaranteed maximum price, design-bid-build, design-build, construction management at-risk, construction management agency, and multi-prime procurement.
• Risk management/best practices counseling and training
• Claims and dispute resolution (including defect and schedule impact claims)
• Mechanics’ liens and payments disputes
• Mediation and arbitration (as advocates and neutrals)
• Litigation
• Insurance counseling and claims
• Surety bond counseling and claims

Our extensive experience in all aspects of the procurement process gives our clients an uncommon advantage. We work with them on the “front end” to structure contracts in such a way that minimizes risks and significantly reduces the likelihood of disputes. Additionally, we help clients efficiently manage their procurement needs and assist with in-house audits and staff training sessions relating best practices for claims avoidance, project documentation, key contract issues, procurement policies and procedures and other legal issues faced by municipalities.

Capabilities 

• Counseling on the public bidding and purchasing process
• “Front-end” review of projects to determine effective strategies
• Advising clients on bid review and award
• Prosecuting bid contests
• Contract negotiation, preparation and review
• Preparation of standardized purchase order forms for routine transactions
• Insurance review and counseling
• In-house audits and staff training sessions on best practices for claims avoidance, project documentation, key contract issues, procurement policies and procedures and other legal issues faced by municipalities.

Our government services team has attorneys on hand who can provide experienced guidance on our clients’ legal and ethical responsibilities under various privacy laws, including those required by the Gramm-Leach-Bliley Act, USA Patriot Act, Health Insurance Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act, and the FTC’s Identity Theft Red Flag Rules. We provide training and counsel government entities on how to strengthen their privacy and data management practices. We use a coordinated approach to risk assessments and the development of compliance solutions for the public sector, often working with clients in a preemptive nature to minimize both the fiscal and reputational impact of potential data breaches, ransomware, and other forms of cyber theft.

Capabilities 

• The development and formulation of website security and privacy statements and disclosures
• Advertising and marketing issues, including those raised by targeted behavioral advertising
• Issues concerning identity theft, including medical identity theft
• Issues raised by federal computer security and trade secret statutes
• Record retention policies and practices
• Formulating Identity Theft Red Flag Programs and procedures
• Employment information confidentiality
• Education information privacy
• Reviewing and drafting third party service provider confidentiality agreements
• Planning for and responding to data security breaches throughout the country
• HIPAA compliant business associate agreements and data use agreements
• HIPAA privacy and security policies and procedure

We assist with planning, drafting of forms, legislation, resolutions, and ordinances, investigations, prosecution of violations, and defense of claims, whether in litigation or in the administrative process.  We also offer routine advice and guidance before, during, and after the process, in several substantive areas:

• Government relations and lobbying
• Liquor licensing
• Adult cabaret regulations
• Environmental conservation legislation
• Regulatory sandboxes
• Tax-increment financing
• Zoning classifications
• Economic development initiatives
• Cooperative purchasing agreements
• Charter schools
• Energy efficiency incentives (ePADs)

Our attorneys have deep subject-matter expertise with respect to Sunshine Law compliance, including both federal public records laws and their “blue sky” counterparts. We provide annual training on our clients’ public records and open meetings obligations. We also routinely assist clients in responding to subpoenas and information requests, helping ensure ensure full compliance with federal and state law. We work closely with our public-sector clients to avoid other Constitutional challenges as well, including those involving First Amendment, Free Exercise and Establishment Clause, and Searches and Seizures.