• Are You Set Up to Protect Your CEQA Exempt Project?

    Posted June 15, 2012 By in Recent News With | No Comments

    New Case Update: Tomlinson v. County of Alameda – Are You Set Up to Protect Your CEQA Exempt Projects?

    In the recent opinion of Tomlinson v. County of Alameda (June 14, 2012) 2012 Cal. Lexis 5261, the California Supreme Court addressed the question of whether a party must exhaust administrative remedies before it may challenge a public entity’s decision that a project is exempt under the California Environmental Quality Act (“CEQA”).

    The doctrine of exhaustion of administrative remedies requires that a party raise its concerns regarding a proposed project before the project is approved by the public entity. If a party does not raise its concerns before the project is approved, the party may be barred from raising its concerns in court.

    In Tomlinson, the California Supreme Court held that if a party was given an opportunity to raise its concerns about a proposed project considered exempt from CEQA at a public hearing prior to project approval then the doctrine of exhaustion of administrative remedies does apply.

    The Court’s decision is a major departure from the majority of prior appellate decisions that had held that a party does not need to exhaust their administrative remedies prior to challenging a public entity’s decision that a project is exempt. As such, it is likely that your entity does not have the proper procedures in place to take advantage of the protections afforded by the Tomlinson opinion.

    Should you like more information on how your entity can implement the holding in the Tomlinson decision to better protect your projects from CEQA challenges, please contact Brian J. Bergman at (310) 470-6110 or bbergman@bdgfirm.com.

  • Gregory Bergman named One of the Top Ten Environmental Lawyers in the Country for 2012

    Posted May 4, 2012 By in Recent News With | No Comments

    Bergman Dacey Goldsmith is pleased to announce that Gregory M. Bergman has been named “One of the 2012 Top Ten Environmental Lawyers” in the country by The United States Lawyer Rankings. This is the sixth year in a row that Mr. Bergman has been named to the prestigious listing.

    Lawyers are nominated for inclusion in the rankings by members of the Bar, Judiciary, and the senior management of large corporate and institutional clients. Only attorneys engaged in the private practice of law are eligible to be included. The United States Lawyer Rankings listing was established by a consortium of U.S. corporations in order to recognize those lawyers who have consistently provided the highest degree of legal representation, so that their members, as well as other businesses and individual clients, can have a degree of guidance and confidence when choosing to retain an attorney.

    Lawyers are ranked based on confidential questionnaires regarding their negotiating skills, oral advocacy skills, and ability to develop creative solutions, and how much does the attorney add to the body of knowledge in his/ her practice area. For a full listing of the 2012 United States Lawyer Rankings, follow the link provided below.

    http://www.unitedstateslawyerrankings.com/2012environmental.html

    For over 29 years, Bergman Dacey Goldsmith has been at the forefront of providing preventative risk counseling and the full spectrum of legal services to our clients. To learn more about our award-winning attorneys and to review our experience portfolios, please visit our website at www.bdgfirm.com.

  • Give me Back my CEQA Exemption – Los Angeles Daily Journal

    Posted March 26, 2012 By in Recent News With | No Comments

    Attached please find an article written by Senior Associate, Brian J. Bergman published in the January 21, 2012 edition of the Los Angeles Daily Journal entitled “Give Me Back My CEQA Exemption.” This article addresses new case law that negatively impacts the ability of Project proponents to avoid costly California Environmental Quality Act analysis by utilizing CEQA exemptions.

    Give me Back my CEQA Exemption

    Bergman Dacey Goldsmith is a full service law firm founded in 1983 on the premise that serving our clients’ needs is paramount. We provide personalized and cost-effective service to multiple California public entities and school districts, Fortune 500 corporations, and individual clients. Our unique attention to our clients distinguishes Bergman Dacey Goldsmith from other law firms. We have earned our reputation as a “no surprises” law firm. Mr. Bergman works in our Los Angeles office and his practice includes Land Use, Environmental, and Construction law.

    For any questions about this article or about our firm’s practice areas and extensive experience, please do not hesitate to contact us.

  • Daily Journal: “Dismissing a Teacher is Not Easy – the Process School Districts Must Follow”

    Posted March 16, 2012 By in Recent News With | No Comments

    In recent weeks, the media has flooded us with news of teachers being removed from classrooms and fired by school boards. The public, however, may have little knowledge of the cumbersome or complex process that is involved in a teacher dismissal action. On March 12, 2012, the attached article was published in the Daily Journal, written by our shareholder Michele M. Goldsmith, describing the process and pitfalls to the current procedures under the California Education Code.

    Also, Larry Mantle’s AirTalk, on KPCC 89.3, featured Michele in the segment “Can a teacher be fired for being a former porn actor?” Michele and Larry discussed the standards of teacher dismissal actions and “immoral” conduct as a cause for dismissal, specifically in the context of an Oxnard teacher who appeared in an adult film that was obtained by and watched by district students, parents and teachers. To listen to this KPCC program, please go to Larry Mantle’s AirTalk.

    Michele has a varied and extensive practice for both private and public clients, focusing on labor and employment matters. She litigates employment matters in both State and Federal Court. She also represents public agencies, including school districts, in certificated and classified personnel appeal hearings, before hearing officers and at the Office of Administrative Hearings. Many clients look to her to represent their interests in labor negotiations.

    Bergman Dacey Goldsmith is a full service law firm founded in 1983 on the premise that serving our clients’ needs is paramount. We provide personalized and cost-effective service to multiple California public entities and school districts, Fortune 500 corporations, and individual clients. Our unique attention to our clients distinguishes Bergman Dacey Goldsmith from other law firms. We have earned our reputation as a “no surprises” law firm.

    For further information regarding Michele, our firm, and what we can do to help you through the teacher dismissal process, please visit our website at www.bdgfirm.com or contact us at any time.

      Dismissing a Teacher is Not Easy – the Process School Districts Must Follow

  • Bergman Dacey Goldsmith, A Professional Law Corporation

    Posted March 2, 2012 By in Recent News With | No Comments

    It is with great pleasure that Bergman & Dacey, Inc. announces that as of March 1, 2012, Michele M. Goldsmith has become a named shareholder, and the firm has changed our name to Bergman Dacey Goldsmith, A Professional Law Corporation.

    Michele has a varied and extensive practice for both private and public sector clients, focusing on labor and employment matters, exclusively representing management. She litigates employment matters before Superior Court Judges and the California Labor Commissioner. She also represents school districts in dismissal appeal hearings, involving both certificated and classified positions. Many clients also look to her to represent their interests in labor negotiations.

    Michele has been recognized for her professional achievement, has published appellate decisions, and is a regular speaker for human resource trade-related organizations. Michele is selected to participate as a mediator in the CRASH employment mediation program for the Los Angeles Superior Courts. Michele is regularly published in the Los Angeles Daily Journal on relevant labor and employment issues and was recently named a 2012 California Super Lawyer in Employment Litigation.

    We welcome Michele as a named partner, and wish her continued success.

    Please add our new domain, bdgfirm.com to your address book’s safe sender list so that our announcements and invitations are not filtered out as spam.

  • California Covered: Litigation Capabilities

    Posted February 21, 2012 By in Recent News With | No Comments

    Successful litigation strategies require having the capabilities to set up a case from “Day 1” through trial for the benefit of the client’s interests. Experience gained through handling hundreds of pre-litigation, litigation, and appellate matters prepares the handling attorneys to assist the client in achieving the best outcome, even in these times. Law firms expert in managing the litigation process (including budgeting, expert drafting, and settlement strategy) can cause a case to resolve favorably for the client early in the proceedings. Bergman Dacey Goldsmith and MBV Law LLP each has the capabilities, experience, focus, and legal expertise and will provide exceptional value for the client’s legal dollars.

    Bergman Dacey Goldsmith is a full service law firm with offices in Los Angeles and Orange Counties and can serve all the courts and alternate resolution forums in Southern California. We have earned a reputation for offering cutting-edge preventative risk counseling and a full spectrum of litigation and appellate services. Through a diverse caseload, we offer specialty counseling in Public and Private Construction, Labor and Employment, Environmental and Land Use Law, Complex Litigation (including smaller class actions), Attorneys’ Fees Disputes, Business, Estate Planning, Probate and Trust Disputes, Insurance Law, Products Liability, Commercial Litigation, Real Property (including disputes concerning land owned by American Indians), Partnership and Corporate Disputes, Legal and Accounting Malpractice, Unfair Competition and other Business Torts, Administrative and Licensing Disputes, and Intellectual Property Disputes. We serve private and public entities, multi-national Fortune 500 corporations and their officers, entrepreneurs, and individual clients. Each of our Shareholders and Of Counsel attorneys have at least 15 years of experience. Our veteran attorneys routinely participate as part of teams on matters and contribute to achieving our client’s goals by performing “hands-on” litigation with a long-term perspective, advising on settlement strategies, effective case management, and careful drafting of all legal documents. We provide personalized service and exceptional communication and responsiveness by being available to you 24 hours a day, 7 days a week. We have earned our reputation as a “no surprises” litigation law firm.

    MBV Law LLP provides its clients with efficient, cost-effective and results-oriented litigation services in federal and state courts in California. Our attorneys advocate creative approaches to dispute resolution and have a business-oriented approach to problem solving. We routinely advise clients on litigation avoidance and take into account the client’s legal, financial, and business objectives. MBV offers the full spectrum of litigation expertise to businesses and individuals including: commercial litigation; real estate litigation; landlord-tenant litigation; construction defect and design litigation; debt enforcement; employment litigation; franchise litigation; intellectual property litigation; and mediation, arbitration and alternative dispute resolution. Our litigators are aggressive advocates, possess substantial trial experience, and are dedicated to protecting the interests of our clients.

    MBV Law LLP and Bergman Dacey Goldsmith are dedicated to understanding clients’ litigation and strategic objectives to assess issues and provide targeted, cost-effective strategic legal plans. Our firms’ depth and breadth of experience, combined with our knowledge of the judges and courts throughout California, create exceptional legal value.

    When strength and experience matter, you can have confidence that Bergman Dacey Goldsmith and MBV Law LLP have your litigation needs in California fully covered.

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