LOS ANGELES- Liebert Cassidy Whitmore is pleased to announce that Partners Brian Walter and Jennifer Rosner have been selected as Los Angeles Business Journal’s Leaders of Influence: Labor & Employment Attorneys 2023.
The Los Angeles Business Journal Leaders of Influence: Labor & Employment Attorneys are selected based on a demonstration of impact made on the profession of law and on the Los Angeles community.
Background on Brian Walter
Liebert Cassidy Whitmore Partner Brian Walter represents a diverse group of the firm’s clients, including police departments, not-for-profit hospitals, and independent schools against complex employment and parent/student claims, and is often asked to defend high-profile matters involving elected officials, police chiefs, city attorneys and high-level administrators. Brian has extensive experience handling class and collective actions in federal and state courts in addition to FLSA issues. Brian has written amicus briefs on behalf of public employer organizations to the Third Circuit, Ninth Circuit and U.S. Supreme Court. He has also published numerous articles regarding labor and employment issues, including articles for the IPMA Public Personnel Management Journal, Los Angeles Daily Journal, and California Public Employee Relations Journal. Brian has also participated in drafting of legislation regarding wage and hour issues.
Brian is a seasoned trial attorney. Recently in Rosario v. Los Angeles City Department of Water & Power, Brian served as lead counsel and was able to obtain a complete defense verdict in this disability discrimination case. Rosario was a construction electrical mechanic who suffered a knee injury on the job in 2018. After three months, Rosario was released by his doctor to return to work with several significant restrictions which DWP could not accommodate. Rosario requested a light duty assignment but DWP had a policy that prohibited employees in Rosario’s classification from light duty assignments. Rosario returned to work without restrictions. Rosario was later terminated after conflicts with supervisors in which Rosario refused to perform work and failed to follow policies for requesting time off. After a three week trial in 2022, the jury only deliberated for 3.5 hours and then returned a complete defense verdict on Rosario’s failure to engage in the interactive process, disability discrimination, and failure to reasonably accommodate causes of action.
Brian is also a focused and strategic litigator, and makes all effort to position the matters he defends for summary judgment. He has obtained complete summary judgments in numerous cases, including an age discrimination claim brought by the chair of the Radiology Department of an academic teaching hospital, and in a federal whistleblower violation lawsuit brought by the former Independent Assessor of the Los Angeles Fire Department against the City of Los Angeles, Mayor Garcetti and the City’s Fire Commissioners, among others. In a lawsuit against an independent school brought by a parent challenging the school’s disciplinary process, Brian was successful in having the lawsuit [and arbitration] dismissed, and assisted the school in opposing the parent’s social media campaign against the school’s board and administrators.
Brian has been recognized throughout his career including by the Daily Journal as one of California’s 75 top employment law attorneys, citing his expertise in defending against employment claims brought by the employer’s former attorneys. These cases require extensive and complex privilege assertions during discovery, and Brian helps clients navigate the sensitive issues involved in ensuring that the attorney-client privilege is maintained. Brian has also been named as a Southern California Super Lawyer.
Background on Jennifer Rosner
Previously recognized as a Southern California Super Lawyers Rising Star, Partner Jennifer Rosner is a prolific litigator with an extensive background in lawsuits involving discrimination, harassment and retaliation, as well as disciplinary and due process issues. As a litigator, Jennifer has considerable experience with law enforcement issues, including the Public Safety Officers Procedural Bill of Rights Act, and in defending law enforcement agencies in officer discipline, Section 1983 claims and Pitchess Motion hearings. She has tried law enforcement lawsuits to verdict and/or judgment in state and federal court in cases involving claims for retaliation for exercising freedom of speech rights and union activities under 42 U.S.C. Section 1983 and false imprisonment. In one of her recent trials, Jennifer obtained a non-suit after nine-day jury trial involving a police officer who alleged numerous tort causes of action. Jennifer has been successful in obtaining summary judgment on behalf of clients in many of her litigation matters in both state and federal court and also has extensive appellate experience. In addition to her work as a litigator, Jennifer represents clients in numerous administrative appeal hearings and has a strong record of success on behalf of the firm’s clients in in upholding their disciplinary decisions.
In recent matter, Scott O’Connor v. City of El Segundo, et al., Jennifer served as lead counsel and was able to obtain a unanimous defense verdict after only 45 minutes of jury deliberations. In this case, Plaintiff is a police officer who has been employed by the City of El Segundo Police Department (“ESPD”) since 1999. As a police officer, Plaintiff was a member of the Police Officers Association (“POA”), the employee association which represents police officers and sergeants at ESPD. On or about April 30, 2019, ESPD announced an opening for a School Resource Officer (“SRO”) special assignment. Plaintiff and another officer applied. Plaintiff was not selected for that assignment. Plaintiff subsequently filed this lawsuit against the City and defendants William Whalen, then Chief of Police; Jaime Bermudez then Captain and the current Chief of Police; and Dan Kim, then Lieutenant and now retired, alleging that his non-selection was retaliation because of his protected speech/union association in violation of 42 U.S.C. section 1983.
On the first day of trial, Plaintiff voluntarily dismissed the City and voluntarily did not seek economic damages. A four day trial thereafter proceeded against the remaining three individual defendants. After approximately 45 minutes of deliberations, the jury returned a unanimous defense verdict for all three defendants. This verdict was selected as a top defense verdict for 2022 by the Daily Journal.
In addition to her litigation practice, Jennifer works extensively with local agencies on every facet of the disability accommodation process, including identifying disabilities, requesting medical documentation and evaluation, evaluating leave rights of disabled employees, engaging in the interactive process, identifying possible reasonable accommodations, complying with applicable disability laws, and, when necessary, disability retirements.
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Liebert Cassidy Whitmore is a labor, employment, and full service education law firm that provides comprehensive, responsive, and highly competent legal advice, representation, litigation services, negotiations and training to public entities, educational institutions and nonprofit organizations throughout California. The firm has offices in Los Angeles, San Francisco, Fresno, San Diego, and Sacramento. For more information, visit our website: www.lcwlegal.com.
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