Summary of Background     

 

  • Dispute resolution and investigation services on employment, wage and hour, class actions, civil rights, government, public accommodations, disability access, housing, landlord-tenant, appeals, business, consumer, and attorneys' fees matters

 

Education

      

  • J.D., Law, 1993, Southwestern University School of Law, Los Angeles

  • Ph.D., Planning, 1987, University of Southern California, Los Angeles (James Irvine Fellow)

  • M.Ed. & Teaching Credential, Education, 1976 & 1975, University of California, Los Angeles

  • B.A., Painting|Sculpture|Graphic Arts, 1974, University of California, Los Angeles

 

Honors

 

  • 2012 Ronald M. George Public Lawyer of the Year, State Bar of California Public Law Section

  • Winner, 1993 Annual CLE Essay Contest, American Law Institute‑American Bar Association

  • First Place Winner, 1992 Writing Competition, State Bar of California Labor & Employment Law Section

  • Winner, 1992 Writing Competition, Workers' Compensation Defense Attorneys' Association

  • Best Brief Finalist and Best Oralist Alternate Finalist, 1990 Moot Court, Southwestern University School of Law

  • Who's Who among Students in American Universities and Colleges, 1993

  • Who's Who in California, 1989, 1997

  • James Irvine Fellow, 1976‑80, University of Southern California

  • Regents' Graduate Research and Travel Grant, 1976, University of California, Los Angeles

  • Phi Delta Kappa, 1975, University of California, Los Angeles

 

Legal Experience

  • Mediator | Arbitrator, ADR Services, Inc., 2018-present, Los Angeles

  • Mediator | Investigator, Delivering Strategic Solutions, 2016-present, Los Angeles

  • Partner, 2014-2016, DLA Piper LLP (US), Los Angeles

  • Director, 2008-2014, California Department of Fair Employment and Housing, appointed by Governor Arnold Schwarzenegger, retained by Governor Jerry Brown, and unanimously confirmed by the Senate, Sacramento Area

  • Of Counsel, 2007-2008, Littler Mendelson, P.C., Los Angeles

  • Senior Appellate Court Attorney, 2003-2007, California Court of Appeal, Second Appellate District, Division 7, Los Angeles

  • Deputy Attorney General, 1999-2003, California Department of Justice, Attorney General’s Office, Civil Rights Enforcement Section, Los Angeles

  • Commissioner & Vice Chair, 1993-1999, California Fair Employment and Housing Commission, appointed and reappointed by Governor Pete Wilson and confirmed by the Senate, San Francisco

  • Attorney at Law, 1995‑1999, Solo Practice, Glendale

  • Associate, 1993‑1995, Hadsell & Stormer, Inc., Pasadena

  • Law Clerk, 1992-93, Evans, Cumming & Malter, Woodland Hills

  • Law Clerk, Fall 1992, MCA/Universal Merchandising, Inc., Legal Office, Universal City

  • Certified Law Clerk, Summer 1992, Los Angeles County District Attorney’ Office, Glendale

  • Law Clerk, Summer 1991, Los Angeles City Attorney’s Office, Criminal Branch, Appellate Section, Los Angeles

  • Law Clerk, Summer 1990, California Department of Fair Employment and Housing, Legal Office, Los Angeles 

Other Professional Experience

 

  • Project Director, 1988-89, Comparative Ethnicity Training and Research Project, University of Southern California, Los Angeles

  • Project Director, 1987-88, Change Agents, federally funded applied research project, Los Angeles

  • Project Director, 1985-86, Project on State Title IX Laws, federally funded applied research project, Los Angeles

  • Debate Panelist, 1983-86, KNBC Television, Free-4-All, Burbank

  • Commission Founder, Executive Director & Title IX Coordinator, 1978-83, Los Angeles Unified School District, Los Angele 

  • Visiting Lecturer, 1981, Organizational Theory, Graduate School of Education, UCLA, Los Angeles

  • Evaluator, 1977-78, Far West Laboratory for Educational Research & Development, San Francisco

  • Resident Consultant, 1977, RAND Corporation, Social Sciences Department, Santa Monica

  • U.S. Fellow Consultant, Summer 1976, Organization for Economic Cooperation & Development, Oslo, Norway

  • Research Associate, 1976, Instructional Objectives Exchange, Inc., Los Angeles

  • Teaching Assistant, 1975, UCLA Graduate School of Education, Teacher Education Laboratory, Los Angeles 

 

Bar Memberships/Appointments

   

  • Bar Membership: State Bar of California, Bar Number 168808, 12/13/93; United States District Court, Central District of California 12/13/93, Eastern District of California 2/22/02, Southern District of California 8/13/03; Northern District of California 8/28/15; United States Ninth Circuit Court of Appeals 1/12/01

  • Certified Mediator: Los Angeles County Bar Association, 1995; ADR Trainer Steven Rosenberg, 2011; ADR Services Mediator Claudia Hagadus Long, 2016; Pepperdine University School of Law Straus Institute for Dispute Resolution, 2016; US District Court, Central District of California, 2016, 2017, 2018, 2019, 2020

  • Mediation Panels: ADR Services, Inc.U.S. District Court, Central District of California, Mediation Panel, 2016-present; California Court of Appeal, Second Appellate District, Mediation Program, 2016-present

  • Convener, Mediation Practice Group, U.S. District Court, Central District of California, 2019-present

  • Association of Attorney-Mediators, 2019-present

  • Southern California Mediation Association, 2016-2017

  • Certified Arbitrator: State Bar of California Committee on Mandatory Fee Arbitration, Los Angeles County Bar Association Dispute Resolution Services, Inc., and National Council of Better Business Bureaus, Inc., 1994-99

  • Judge Pro Tem: Los Angeles Municipal Court, 1999

  • Settlement Officer: Los Angeles Superior and Municipal Courts, 1998-1999

  • Private Counsel Panel (criminal, juvenile delinquency and dependency appeals), California Court of Appeal, Second Appellate District, 1994-99

Published Decisions

  • Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019, per curiam, rev. den. (2003) [2003 Cal. LEXIS 9882] (definition of “physical disability” under California’s Fair Employment and Housing Act is broader than that of the federal Americans with Disabilities Act)

  • Fair Employment  & Housing Com. v. Superior Court (Las Brisas Apartment, Ltd. Partnership) (2004) 115 Cal.App.4th 629, rev. den. (2004) [2004 Cal. LEXIS 3508] (30-day statute of limitations period under Government Code section 11523 applies to writ of administrative mandate actions challenging Fair Employment and Housing Commission decisions)

  • Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, reh. den. [2002 Cal. LEXIS 5250], writ of cert. dism. Nike, Inc. v. Kasky (2003)123 S. Ct. 2554 (corporation’s allegedly false statements were commercial speech for purposes of constitutional free speech analysis under the California and United States Constitutions)

  • Taiheiyo Cement Corp. v. Superior Court (Jeong) (2004) 117 Cal.App.4th 380 (California’s World War II Slave Labor Act, Code of Civil Procedure section 354.6, is unconstitutional because it conflicts with the 1951 Treaty of Peace with Japan)

Administrative Decisions

 

 

Legislation Developed and Chaptered

 

  • Sen. Bill 1038 (Committee on Budget & Fiscal Review), 2012 Reg. Sess., ch. 46, §§ 18, 27-66, 68, 70, 101 & 115 (budget trailer bill making major refoms on enforcement of California's civil rights law, the Fair Employment and Housing Act)

  • Sen. Bill 1252 (Corbett), 2010 Reg. Sess., ch. 524, 2010 Cal. Stat. 1 (statute making technical amendments to the housing provisions under the Fair Employment and Housing Act)

  • Assem. Bill 3133 (Roos), 1983 Reg. Sess., ch. 1117, 1983 Cal. Stat. 3, p. 4211 (California's "Title IX" law prohibiting sex discrimination in educational institutions receiving state financial assistance)

  • Sen. Bill 793 (Ed Davis), 1987 Reg. Sess., ch. 118, 1987 Cal. Stat. 1, p. 403 (statute requiring administrative regulations to be issued by the Trustees of the California State Universities, Board of Governors of the California Community Colleges, and State Board of Education to implement California's "Title IX" law)

  • Assem. Conc. Res. 55 (Roos), 1983 Reg. Sess., res. ch. 53, 1983 Cal. Stat. 4, p. 5426 (resolution memorializing the United States Congress to support federal Title IX guidelines)

 

Administrative Regulations Promulgated 

 

  • Fair Employment and Housing Council, Cal. Code Regs., tit. 2, §§ 11003-11141, Register 2013, No. 52 (2013)

  • Department of Fair Employment and Housing Procedures, Cal. Code Regs., tit. 2, §§ 10000-10066, Register 2011, No. 36 (2011)

  • Fair Employment and Housing Commission Procedures, Cal. Code Regs., tit. 2, former §§ 7400-7467, Register 99, No. 12 (1999)

  • Family Care and Medical Leave, Cal. Code Regs., tit. 2, former §§ 7297.0-7297.11, Register 95, No. 44 (1995)

  • Pregnancy, Childbirth and Related Conditions, Cal. Code Regs., tit. 2, former §§ 7291.2-7291.16, Register 95, No. 28 (1995)

  • Disability Discrimination, Cal. Code Regs., tit. 2, former §§ 7293.5-7294.2, Register 95, No. 29 (1995)

 

Selected Community Service

 

  • Member, Southern California Chinese American Lawyers Association, 2019-present

  • Member, National Asian Pacific American Bar Association, 2019-present

  • Member, Board of Directors, California Dispute Resolution Council, 2018-19

  • Member, LA Lawyers Philharmonic, Legal Voices, 2016-2018

  • Member, Board of Trustees, Southwestern Law School, 2013-2016

  • Member/Advisor, State Bar of California Council on Access and Fairness, 2014-17 (Chair, Law School & College Committee, 2015-16)

  • Founding Member, State Bar of California, Fair Housing & Public Accommodations Subsection, 2008-14

  • Member, State Bar of California Committee of Bar Examiners, 2007-08

  • Executive Committee, State Bar of California Labor & Employment Law Section, 2003-2006, Advisor, 2012-15

  • Editorial Board, California Labor & Employment Law Review, 2003-2008 (Editor-in-Chief, 2003-06)

  • Executive Committee, State Bar of California Public Law Section, 1999-2003 (Editor, Public Law Journal, 2000-02)

  • Commissioner, California Commission on the Status of Women, appointed by Governor George Deukemejian and confirmed by the Senate, 1983-87

  • Member, California Comparable Worth Task Force, appointed by California Commission on the Status of Women, 1984-85

Publications

 

Presentations    

 

  • Made over 500 keynote, panel, webinar, and other multimedia presentations to bar, business, human resources, employer, employee, housing, realtor, apartment, homeowner, condominium association, mediation, civil rights, education, private and public sector groups

 

Foreign Language   

 

  • Chinese (Cantonese, Shanghai, Mandarin dialects)

© 2016 by Phyllis W. Cheng. William Morris' 1875 Acanthus wallpaper in public domain.  Created with Wix.com.

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