Participation on University of California Employment Practices Liability Program Defense Panel for UC Davis and UC Davis Health Systems Application

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1 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA OFFICE OF THE GENERAL COUNSEL BERKELEY * DAVIS * IRVINE * LOS ANGELES * MERCED * RIVERSIDE * SAN DIEGO * SAN FRANCISCO SANTA BARBARA * SANTA CRUZ 1111 Franklin Street, 8 th Floor * Oakland, California Charles F. Robinson VICE PRESIDENT AND GENERAL COUNSEL Writer's direct line: (510) TO: FROM: RE: Interested Law Firms and Attorneys Karen Petrulakis, Chief Deputy General Counsel Valerie Shelton, Senior Counsel Participation on University of California Employment Practices Liability Program Defense Panel for UC Davis and UC Davis Health Systems Application DATE: February 1, 2016 The University of California, through the Office of the General Counsel, is recruiting for defense attorneys specializing in employment litigation to join its Employment Practices Liability Panel. This recruitment is in conjunction with Office of the President Risk Services, its third party administrator, Sedgwick, and the UC Davis campus and UC Davis Health System. Defense counsel selected for the panel will defend the University in lawsuits involving employment related claims arising at the UC Davis campus and UC Davis Health System. Employment related claims exposure is covered by the University s General Liability Self-Insurance Program and generally includes claims of wrongful termination, unlawful discrimination, harassment and retaliation arising out of employment with the University. Labor disputes, union grievances, and arbitrations are not covered by University s Self Insured Program; as such, this type of work is not part of the work ordinarily performed by panel counsel. The University is looking for firms that can carry out, in a cost-effective manner, the University s philosophy of promptly and fairly resolving all meritorious cases and litigating to the fullest all nonmeritorious cases. The University will pay close attention to the hourly rates proposed by each firm. Although prior public entity experience is not a prerequisite, the University requires firms to provide legal services at public entity rates. The proven ability to successfully try employment cases and a successful record of early dispositive motions are also important criteria. Consistent with the University s core mission, which is to serve the interests of the people of California, all qualified firms, including those who support and reflect the University s goal of diversity, are encouraged to apply.

2 Application materials are available at All applications must be submitted via to and received no later than 5:00 p.m. on Monday, February 22, Once received, the applications will be closely reviewed by representatives of the offices and departments identified above, and firms will be selected for interviews. If your firm is chosen for interviews, you will be contacted for additional materials and to schedule interviews. Thank you in advance for your interest in representing the University of California. We look forward to receiving your application. Please feel free to forward this letter to counsel who you may believe would also be interested in this opportunity. Please address any questions you may have to and to my assistant, Valerie Marble, Very truly yours, Valerie C. Shelton Senior Counsel Litigation Labor & Employment Office of General Counsel The Regents of the University of California 1111 Franklin Street, 8 th Floor Oakland, California

3 UNIVERSITY OF CALIFORNIA DAVIS/ DAVIS HEALTH SYSTEMS DEFENSE PANEL APPLICANT QUESTIONNAIRE In the event that an answer requires more space than is provided, please use additional sheets and attach them to the questionnaire. Please note that all responses are due by February 22, 2016, pdf attachment only, to Name and Address of Firm (Please include phone, fax and website.): Name and Address of contact person for electronic communication during this recruitment process (please limit to one person to avoid duplication): General Information (1) When was your firm founded? Please state the composition of your firm as follows: 2010 Present (2) Number of partners: (3) Number of associates: (4) Number of paralegals: (5) Other employees: (6) How many partners have left your firm since 12/31/10? (7) How many associates have left your firm since 12/31/10? Page 1

4 (8) State the name of the partner who you propose to be responsible for The Regents account. (9) State the name(s) of those attorneys and their status (i.e., partner, associate, etc.) who you propose would represent The Regents. (10) Please attach CVs for the attorneys identified in response to question (9). (11) What is the annual minimum number of billable hours required of an associate in your firm? (12) What is the starting salary for associates in your firm? (13) What is your firm s approach to supervising and training associates? (14) What types of tasks are assigned to legal assistants within your firm? Prior Work for The Regents (15) Have you previously done work for The Regents? If so, please explain. (Identify dates of service, type of work provided, hourly rate paid, campus(es) previously worked for, campus contacts, why work is no longer provided.) Public Entity Experience (16) List the public entities and specific educational institutions you represent or have represented, and indicate the dates of such representation. Please advise whether you have represented these clients in general liability and/or employment practices liability matters. Page 2

5 (17) Does your firm do insurance defense work? If so, please list the insurers and the types of work (i.e., general liability, auto liability, employment practices liability) performed for each insurer. (18) Has any member of your firm been named a defendant in a legal malpractice case? Please provide details. (19) Has any member of your firm been disciplined or sanctioned by the State Bar? Please provide details. (20) Does your firm presently have any potential conflict of interest if selected to represent the University? Fee and Billing Arrangements (21) State the hourly rate you propose for: (a) Partners: $ (b) Associates: $ (c) Paralegals: $ (22) Are the above quoted fees the most favorable hourly rates or fee arrangements offered to any of your other clients, including public entities? (23) Are you open to discuss arrangements other than fee for service on an hourly basis? If so, state in detail what you propose. Employment Practices Liability (24) What percent of your firm s overall practice is dedicated to employment practices liability defense work? Page 3

6 (25) In the last five years, please identify how many cases your firm has handled which involved the following employment related issues: Age discrimination: Disability discrimination: Sex discrimination: Equal Pay: Family Care or Medical Leave: Race/Color discrimination: Religion: Retaliation: Whistleblower retaliation: Genetic Information: Defamation: Wrongful Termination: Marital Status: Sex Harassment: Sex Orientation: Sex Pregnancy: Sex Gender Identity/Expression: Other: Please Explain: (26) Please attach any successful dispositive motions you have filed in the last three (3) years involving key legal issues under FEHA, Title VII, Whistleblower Statues, Health and Safety Code section , Equal Pay Act, False Claims Act (State and Federal), 11th Amendment Immunity, Governmental Immunity, Defamation, PAGA, or the Anti-SLAPP statute. (27) Please identify any recent significant employment issues that you or your firm have briefed in the last three (3) years for the California Appellate Courts, California Supreme Court, the 9th Circuit, or United States Supreme Court. Trial Experience (28) For each attorney in your firm whom you propose to try cases for The Regents, please identify the name and docket number of civil jury trials in Superior or U.S. District Court that he/she tried to conclusion during the individual s active time of practice. For each trial, please provide the following information: the date of the trial, the length of the trial in days or weeks, the party represented, the area of emphasis of the case (i.e., employment-related, personal injury, etc.), the verdict, if any, and outcome of the trial. Please attach any available reporting on the trial by Jury Verdicts Weekly, The Daily Journal, etc. Page 4

7 (29) For each attorney in your firm whom you propose to try cases for The Regents, please identify the name and docket number of civil bench trials in Superior or U.S. District Court that he/she tried to conclusion during the individual s active time of practice. For each trial, please provide the following information: the date of the trial, the length of the trial in days or weeks, the party represented, the area of emphasis of the case (i.e., employment-related, personal injury, etc.) and the outcome of the trial. Please attach any available reporting on the trial by The Daily Journal, etc. (30) Is there anything else in the background of your attorneys that contributes to your ability to effectively try cases? If so, state details. Examples: motion practice, criminal trials, arbitrations, cases disposed of during trial, etc. (31) Do your designated trial attorneys try cases by themselves? (32) Is anyone in your firm a member of societies such as ABOTA, the International Academy of Trial Lawyers, the American College of Trial Lawyers, etc.? If so, give the name of the individual and the date he/she first became a member. (33) If a member of ABOTA, what rank does she or he hold? (34) Have any members of your firm served on the faculty of the Masters of Trial Program (provide details)? Substantive Experience (35) For each attorney in the firm whom you propose to represent The Regents, please describe each attorney s general liability and/or employment practices liability experience, including results in obtaining dismissals through summary judgment or otherwise, at arbitration and mediation, and on appeal, including any reported appellate decisions. Page 5

8 (36) For each attorney in your firm whom you propose to represent The Regents, please describe any specialized experience that any attorney may have within the general liability and/or employment practices areas (e.g. slip and fall, defamation, police misconduct, racial discrimination, wage and hour actions), and whether any of the attorneys have published any articles in these areas of expertise. Miscellaneous Information (37) Appellate Experience: This is not a requirement of panel counsel. However, to the extent your firm has participated in appellate practice and can offer this service to The Regents, please describe the practice, the attorneys, any significant achievements, and proposed rates. (38) Please provide other information about your firm, attorneys, practice or philosophy that may be of assistance in evaluating your proposal to represent The Regents of the University of California. Defense Panel Counsel Rate The University of California currently pays an hourly rate of $ to its defense panel counsel for it EPL defense panel work. If your firm is selected to represent The Regents would you be able to accept an hourly rate of $260.00? Yes No Date: Signature: Page 6

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