Rosen Bien Galvan & Grunfeld LLP

Complex Litigation

San Francisco

Advocacy at Rosen Bien Galvan & Grunfeld LLP is not just about damages; the law firm also seeks to drive change, often through the use of structured negotiation.

One ongoing case pits the firm against the State of California on behalf of prisoners in need of psychiatric hospitalization. When the state failed to address the problem fast enough, a federal judge imposed a $1,000 per patient per day fine until inmates got the attention they needed. The judge has yet to enforce the fine but partner Michael W. Bien said that was never the goal.

“The state has done a lot to improve on access since then,” Bien said. “Our goal is not to have a fine imposed, our goal is to get the remedy done.”

In another case, the firm represents the National Federation of the Blind against ride-hailing companies Uber Technologies Inc. and Lyft Inc. The firm is fighting to ensure blind people are not denied rides because of service animals. The case against Uber ended with a nationwide settlement and the company implementing training and policies. Lyft, on the other hand, negotiated outside of litigation, a strategy Bien said the firm uses often.

“We’ve been very successful in this use of structured negotiation, which we think is a win-win. The goal is not damages, but solving a problem,” he said.

Beyond the tech sphere, partner Gay C. Grunfeld said the firm’s practice in employment took off in the past year ranging from gender discrimination to wage and hour issues.

“We always try to change the workplace, the prison, the jail, or the company. We’re seeing an outpouring of support for change in the gender equality space,” she said.

Grunfeld represents a class of residents in Brookdale Senior Living facilities. The allegations are that the facilities are understaffed and poorly run, and violate the Americans with Disabilities Act.

Grunfeld said it is the first class action alleging ADA violations against an assisted living center, and that its challenges are those of many of the firm’s cases involving large classes and highly visible parties. She said the firm is always up to the task.

“That’s what we do to every case, whether it’s the state, counties, or private entities. We keep track of the facts, and we marshal them very effectively into class-wide relief,” she said.

In one case, Sanford J. Rosen is representing Prison Legal News against the County of Tulare for restricting prisoner access to the publication over some content.

“We have experienced that the real motivation appears to be prison legal news articles that talk about how prison personnel might brutalize inmates,” Rosen said, in addition to mentioning articles about appeals processes.

“That information is important to them so they can come up with grounds to assert non-frivolous claims. That access to the courts is not just a due process right, it’s a First Amendment right,” he added.

However, the firm’s experience with the government reaches to the defense side as well. Jeffrey L. Bornstein works to make sure defendants receive appropriate sentences or even prevent cases from being brought.

Bornstein also noted that the firm benefits from how involved its associates and paralegals get with day-to-day litigation.

“We’ve had a lot of great new associates join us in the last year,” said Ernest J. Galvan, who has fought against the rollback of public employee pensions. From civil rights to white collar criminal defense, Rosen said the work the firm does is a pleasure, and the team itself is a huge part of that.

“People will say, ‘Your firm is more like a family than a firm,’ and I think that says it all,” he said.

— Andy Serbe