REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 6, 2026
FROM
REBECCA SUAREZ, Director, Department of Risk Management
LAURA FEINGOLD, County Counsel
SUBJECT
Title
Termination of Contract with Wood Smith Henning & Berman LLP for Civil Litigation Defense Services
End
RECOMMENDATION(S)
Recommendation
Approve termination of Contract No. 26-209 with Wood Smith Henning & Berman LLP, for Civil Litigation Defense Services, effective November 6, 2026.
(Presenter: Rebecca Suarez, Director, 386-8723)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County
Cost).
BACKGROUND INFORMATION
The Department of Risk Management (DRM) self-administers the County’s public liability insurance programs. Legal defense for insured claims is provided primarily by the Office of County Counsel, with supplemental services provided by outside attorney firms with specialized knowledge and experience in public entity litigation.
On March 24, 2026 (Item No. 49), the Board of Supervisors (Board) approved Contract No. 26-209 (Contract) with Wood Smith Henning & Berman LLP, for civil litigation defense services, for the period of April 15, 2026 through April 14, 2031. The Contract allows the County to reserve the right to terminate the Contract, for its convenience, with or without cause with a 30-day written notice.
Wood Smith Henning & Berman LLP recently notified the County of potential conflicts of interest. The conflicts pre-existed the execution of the Contract, but the County was not notified until after contract execution. Wood Smith Henning & Berman LLP has not performed any services under the Contract. Following review and consultation with County Counsel, it was determined that termination of Contract is in the County's best interest. The County has alternative contracted legal counsel available to provide civil litigation defense services, and termination of this Contract is not anticipated to adversely impact the County's ability to obtain necessary legal defense services.
With Board approval, on October 7, 2026, the County will provide Wood Smith Henning & Berman LLP with 30 days' written notice of termination, with the termination effective November 6, 2026.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (G. Ross Trindle III, Chief Assistant County Counsel, 387-5451) on September 8, 2026; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on September 9, 2026; and Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020, and Penelope Chang, Principal Administrative Analyst, 387-4886) on September 15, 2026.