Oakland City Wire

The city of Oakland has engaged the services of Altshuler Berzon LLP and Sher Edling LLP on a contingency basis for its public nuisance lawsuit concerning climate change. This arrangement is detailed in a 2018 retainer agreement obtained via a public records request.

According to information from Altshuler Berzon LLP’s website, the California-based firm has established a national reputation for handling high-stakes litigation on behalf of labor unions, public interest groups, and governmental clients. Founded in 1978, the firm specializes in environmental, constitutional, and civil rights cases, as well as class actions and impact litigation. It has represented clients in both state and federal courts, including significant environmental and public interest matters.

The contingency agreement specifies that Altshuler Berzon LLP will cover all litigation expenses upfront and will only receive compensation if there is a net monetary recovery. The firm's fees are determined by a tiered percentage of the total recovered amount, with a cap linked to what other municipalities pay in similar cases. If no funds are recovered, the firm does not receive payment and absorbs the costs.

A July 2025 white paper published by the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, raises legal and policy questions about the authority of municipalities to hire private law firms for public-interest litigation. The paper argues that only state attorneys general may act as parens patriae and warns that lawsuits led by cities or counties could conflict with state enforcement priorities.

Altshuler Berzon LLP operates under strict oversight from the Oakland City Attorney, who retains authority over major litigation decisions such as settlements, expert witnesses, trial plans, and all court filings. The firm is required to provide regular updates, obtain approval for filings, and coordinate media responses through the City Attorney's office. Additionally, it must maintain comprehensive billing and cost documentation.