Endless innovation and the increasing use of technology - from cloud computing to harassment and cyberbullying - have created the need for best practices and sound policies. Our attorneys regularly counsel clients in the areas of governance, management of employees' and students' use of policies and regulations regarding technology, software and other technology licensing, email retention, and more.


Questions regarding use of e-communications, and retention of and public access to electronic documents, continue to present challenges for local governments and their staffs. Lozano Smith regularly advises clients on evolving issues, including e-communications and the Brown Act, public records, social media, email retention policies, and use of personal devices.


Our procurement expertise and transactional experience enable us to assist clients in negotiating contracts in the areas of software agreements, cell tower leases, E-rate and technology equipment leases.


New technologies find their way into classrooms on a daily basis. Lozano Smith assists clients in establishing a framework for successfully utilizing and addressing new technologies while remaining legally compliant. This includes issues related to cloud computing, electronic student records systems, student discipline related to use of technology on and off campus, and social media.

Labor & Employment:

Employee privacy and free speech rights, along with employee discipline and technology use in the school and governmental setting continue to present legal challenges. Lozano Smith counsels clients on the developments in this area, including employee use of personal devices for public business, social media, appropriate use of the internet, and bring your own device (BYOD) policies.

Training for Administrators

Our attorneys regularly speak at major conferences for CASBO, CSBA, ACSA, CASCWA and other organizations on technology legal issues. Various presentations on technology in the workplace and in schools are updated annually to address the latest real-world issues faced by districts.

New Law Finally Attempts to Address Social Media Use and the Brown Act

By:Harold Freiman, David Wolfe -

October 15, 2020Number 73May a member of an elected board, council, or other body subject to the Brown Act comment on, “retweet” or “like” a social media post from another member without risking a Brown Act violation? A new law signed by Governor Newsom, Assembly Bill (AB) 992, effective January 1, 2021, aims to clarify what types of social media interactions are permissible under the Brown Act, and which are not.When the Brown Act was enacted in 1953, social media as ...

The Effect of SB 820 on the Recording of Distance Learning

By:Gabriela Flowers, Sabrina Buendia -

October 2020Number 70As school districts and county offices of education across California prepared to open their schools in a virtual distance learning format, electronic recording of remote instruction sessions became a topic of interest in labor negotiations. Existing law on the issue did not contemplate distance learning and the needs of students using a remote platform.On August 22, 2020, the Legislature released the August budget trailer bills, which made a number of major changes conce...

UPDATE: California Supreme Court rules against Local Agencies- Local Agencies Cannot Recover Costs of Redacting Video Footage under the Public Records Act

By:Jenell Van Bindsbergen, Matthew Lear -

June 2020Number 46The California Supreme Court has reversed the judgment of the First District Court of Appeal in National Lawyer Guild v. City of Hayward (2018) 27 Cal.App.5th 937, holding that the California Public Records Act (CPRA) does not allow local agencies to charge requesters for the cost of redacting digital video footage. The Appellate Court had previously held that the City of Hayward was entitled to reimbursement of costs associated with redactions of exempt body camera footage ...

FTC Issues New Guidance Regarding Child Online Privacy Law in Light of COVID-19

By:Manuel Martinez -

April 2020Number 32In light of the COVID-19 pandemic, schools have transitioned to distance learning. Almost overnight, schools have become dependent on technology in order to provide students with education. This dependence, however, brings with it a multitude of questions, costs, and risks. For example, we all know that online user information is being actively gathered by countless companies. When schools provide access to district-owned or procured computers and software, is it the softwa...

Data Breach Notification Law Gets Updates With Important Implications

By:Devon Lincoln, James McCann -

January 2020Number 2Data breaches are all but inevitable and occur in all types of organizations. Public entities are no exception, with cyber criminals increasingly targeting the wide-range of sensitive information they maintain (e.g., student data, resident data, confidential government infrastructure data, etc.). Against the backdrop of and in response to this looming threat of cyber-attacks, Governor Newsom recently signed into law Assembly Bill (AB) 1130, which makes small but significan...

Bill Intended To Establish E-Mail Retention Requirement For Public Agencies Vetoed By Governor Newsom

By:Harold Freiman -

December 2019Number 82California lawmakers recently proposed Assembly Bill (AB) 1184, which would have required public agencies to retain business related e-mails for at least two years. While the Governor did not sign the bill, this legislative effort again shows the significant interest in preserving e-mails as part of a public agency's public record.AB 1184: Public Records E-Mail RetentionThe California Public Records Act establishes that every person has a right to inspect public records....

New Law Will Allow Students With IEPs To Take Assistive Technology Devices Home With Them

By:Marcy Gutierrez -

October 2019Number 51Governor Newsom recently signed Assembly Bill (AB) 605, which will require local educational agencies (LEAs) to allow students to use school-purchased assistive technology devices at the student's home or in other settings when the student's individualized education plan (IEP) team decides on a case-by-case basis that access to those devices is necessary in order for the student to receive a free appropriate public education (FAPE). This new law takes effect on January 1,...