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Education

JD, Loyola School of Law, Los Angeles

MA, University of California, Los Angeles

BA, University of California, Riverside

Did You Know

Michael studied "back in the USSR."

Wrongful Termination Claim (2015) – A private university obtained summary judgment against a former employee who alleged harassment and discrimination. The University’s former Director of Student Recruitment claimed that the University terminated her in violation of the California Fair Employment and Housing Act. Specifically, she alleged that her termination was motivated by her race and disability. The Court granted summary judgment in favor of the University. The Court determined the documented complaints, and verified attempts by plaintiff’s supervisor to improve her performance, constituted legitimate, non-discriminatory reasons for separating her. Plaintiff could not proffer sufficient evidence to support her claims of harassment or discrimination.

Discrimination Claim (2011) – A private school terminated employee for misconduct. He then filed a claim with the EEOC and threatened litigation based on a claim of discriminations. The School put forth legitimate, nondiscriminatory basis for terminating the employee who then formally dropped the suit.

Religious Discrimination (2011) – A religious school restricted applicants to those whose religious beliefs were consistent with those of the school. Within the School rejected an applicant based on religion, he filled a claim with the EEOC. The School responded that it appropriately followed state and federal law. Both the EEOC and applicant dropped the complaint.

Defense Verdict For School District On Student Discipline (2010) – School district disciplined a student for cheating. Parents appealed using internal district procedure and lost at each level. Then parents sought a writ, which the court denied.

Breach of Contract Claim (2010) – A private school laid off a secretary who brought suit in breach of contract. The secretary sought attorneys’ fees, damages, and penalties under the Labor Code. The School demurred and the court granted the motion without leave to amend.

COVID-19 Vaccine To Be Required For K-12 School Staff and Students in Phases
10/01/2021
LCW Special Bulletin

On October 1, 2021, Governor Newsom announced a forthcoming statewide COVID-19 vaccine mandate for both school staff and students.  For students, the California Department of Public Health (CDPH) will be adding the COVID-19 vaccine to other vaccinations required for in-person school attendance—such...

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California Department of Public Health Issues COVID-19 Guidance and FAQs to K-12 Schools
09/27/2021
LCW Special Bulletin

On September 22, 2021, the California Department of Public Health (CDPH) issued updated COVID-19 K-12 Guidance to provide new recommendations for the timing of unvaccinated students to exit modified quarantines after close-contact exposure at the supervised school setting, and includes pooled PCR...

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Gov. Approves AB 272, Allowing Minors to Disaffirm Provisions in Enrollment Agreements that Require Arbitration of Claims of Criminal Sexual Assault & Sexual Battery
09/02/2021
LCW Special Bulletin

On August 31, 2021, Governor Gavin Newsom signed Assembly Bill 272 (“AB 272”) into law.  The bill has significant implications for arbitration provisions in enrollment agreements for California private schools.
AB 272 adds Section 1002.7 to the California Code of Civil Procedure.  The new law...

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Kehillah Students Must be Vaxed. Other Local Jewish schools are Still Weighing their Options.
08/23/2021
J. The Jewish News of Northern California

LCW Partner Michael Blacher recently weighed in on the discussion of COVID-19 vaccine mandates at California Jewish high schools. In J. The Jewish News of Northern California article “Kehillah Students Must be Vaxed. Other Local Jewish schools are Still Weighing their Options,” which was published...

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3 Takeaways From High Court’s Ruling In LGBTQ Rights Fight
07/29/2021
Law360

LCW Partner Michael Blacher weighed in on the Supreme Court’s decision to avoid making any sweeping decisions on LGBTQ bias laws after its recent ruling that Philadelphia violated the religious rights of a foster care agency that refused to place children with same-sex couples. In the June 17...

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The U.S. Supreme Court Decides Landmark Case on Student Free Speech which has Implications for California Private High Schools
06/23/2021
LCW Special Bulletin

Today, the United States Supreme Court issued its highly anticipated decision in Mahanoy Area School District v. B.L., finding that a high school violated a cheerleader’s First Amendment rights when it disciplined her for a short, profane Snapchat post she created off-campus and on a Saturday.  The...

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Permissibility of Requiring That Employees at Private Schools Receive the COVID-19 Vaccination
12/07/2020
LCW Special Bulletin

Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our private school clients have inquired whether it will be permissible to require school employees be vaccinated for COVID-19. This question is important from a public...

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Governor Newsom Announces New Regional Stay At Home Order (Private Education)
12/04/2020
LCW Special Bulletin

On December 3, in order to slow the unprecedented rise in the rate of increase in COVID-19 cases and hospitalizations in the state, Governor Gavin Newsom announced a new Regional Stay At Home Order (the “Order”).
The Order will take effect on December 5, 2020 in any region of the state, as...

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CDC Reduces Recommended Quarantine Period Following “Close Contact” Exposures to Individuals with COVID-19 – What Private Schools Need to Know
12/03/2020
LCW Special Bulletin

On December 2, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The guidance reduces the recommended quarantine period from 14 days to either 10...

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California Department of Public Health and the Center for Disease Control and Prevention Issue Updated Guidance for the Use of Face Coverings
11/24/2020
LCW Special Bulletin

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

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California Department of Public Health Issues COVID-19 Travel Advisory Recommending 14-Day Self Quarantine for Any Non-Essential Travel Out of State and Previous Public Health Guidance Issued Regarding Holiday Gatherings and Higher Risk Activities
11/13/2020
LCW Special Bulletin

On November 13, 2020, in response to alarming increases in the incidence rates of COVID-19 in other countries and states, the California Department of Public Health (“CDPH”) issued a travel advisory to California residents.  This travel advisory follows recent state and federal guidance limiting...

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Federal Funding and Federal Laws: What Participating in Federal Loan Programs Means for California Private Schools
04/17/2020
LCW Special Bulletin

Federal funds are available to assist California private schools respond to the COVID-19 pandemic.  The Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL), both offered through the Small Business Administration (SBA), as well as the recently announced Main Street Lending...

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Reference Checks
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

Checking references should be a part of every school’s hiring practice.  It increases the likelihood of making a well-informed hiring decision, protects against claims of negligent hiring, and demonstrates fairness, equity, and transparency in the recruitment process. Yet we repeatedly find that...

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Anxious Parents in a Litigious Age
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

Managing relationships between schools and parents is becoming more, not less, difficult.  Parent anxiety generally reflects concerns about their children: social interactions, academic achievement (at increasingly younger ages), and eventually college enrollment.  The result can be parents...

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Exchange Programs and Host Families
07/20/2018
National Business Officers Association (NBOA)’s Net Assets Magazine

The world is getting smaller and students are exploring it in greater numbers.  Exchange programs and stays with host families, once an oddity, are increasingly the norm.  As schools integrate these programs into their curriculum, families expect their children to participate in them.
Yet with...

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