Carr McClellan P.C.

Be Smart and Be Proactive to Limit Your Company’s Liability under California’s Revised Gender Pay Equality Law

Until recently, California’s equal pay law required that men and women working at the same location receive equal pay for equal work, California Labor Code Section 1197.5. But this law was substantially revised on October 6,…more
| Labor & Employment Law

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

So, you think you have the next greatest idea for a startup that will knock the socks off of the current big players in your space? We know you’re excited to spend endless nights and countless hours to get your company off the…more
| Commercial Law & Contracts, Labor & Employment Law

Food Safety’s Shifting Paradigm

The recent news that Stewart Parnell, convicted former Peanut Corporation of America CEO, is facing a possible life sentence as a consequence of his role in the nine deaths and hundreds of illnesses caused by PCA’s salmonella…more
| Agriculture, Commercial Law & Contracts, Personal Injury

FAQs On The Healthy Workplaces, Healthy Families Act Of 2014

The Healthy Workplaces, Healthy Families Act of 2014. You’ve heard a lot about it but still wonder if your company is compliant with the new law. And if your company is based in San Francisco, are you subject to San Francisco’s…more
| Labor & Employment Law

Opinion Letter – Why And How Much Will It Cost?

An Opinon Letter is like an estoppel certificate issued by the borrower’s attorney regarding the borrowing entity and the loan documents. Borrowers may have an opportunity at the loan application stage to negotiate the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Maintaining Trade Secret Confidentiality in Litigation

Early Monday morning you learn that Jane, your former employee, has stolen your company’s confidential information and her new employer is using it. You call your lawyer and tell her that you want to put Jane in jail. Your…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Privacy, Intellectual Property

Protect Your Corporate Veil

One of the advantages of operating a business in corporate form is the protection a corporation provides to its shareholders from exposure to the corporation’s liabilities…more
| Business Organizations

Doing Business in California Under a Fictitious Business Name

California law requires any individual, corporation, limited liability company, partnership or other association transacting business in California under a fictitious name to file, publish and periodically renew a fictitious…more
| Business Organizations

Does Non-Recourse Liability Still Exist?

Several years ago, the real estate financing market took an unexpected turn. In 2011, a court in Michigan rendered a decision which called into question whether a non-recourse loan was truly “non-recourse” (liability limited to…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 required all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not been…more
| Civil Rights, Commercial Law & Contracts, Construction Law, Real Estate - Commercial

When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary…more
| Civil Procedure, Civil Remedies, Elections & Politics, Electronic Discovery

City May be Liable for Damage to Residence from Falling Tree Under Inverse Condemnation

When is a tree a “public improvement” for purposes of inverse condemnation? According to one court, when the tree was planted by a city as part of a forestry program and maintained over a period of time. City of Pasadena v…more
| Civil Procedure, Civil Remedies, Constitutional Law, Personal Injury, Real Estate - Residential

The BEPS Initiative: Redefining International Tax Planning?

Technology companies frequently possess an international tax footprint before expanding their domestic tax footprint. That may soon change as the Organisation for Economic Cooperation and Development (OECD) and its G20 member…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology, Taxation

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this same…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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