Wendel, Rosen, Black & Dean LLP

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1111 Broadway
24th Fl.
Oakland, CA 94607, United States
Contact: Lydia Bednerik, Marketing Director
Phone: (510) 834-6600
Fax: (510) 834-1928
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys
50-100 Attorneys

Focusing On What Matters: Preventing Money Laundering Should Be the Shared Goal of the Government and the Cannabis Industry

Suffice it to say, the appointment of Jeff Sessions as the United States Attorney General did not remove uncertainty from the cannabis industry. How our new Attorney General will approach the industry remains unclear. Indeed, a…more

DOJ, FATF, FinCEN, Marijuana Related Businesses, Money Laundering

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Hot Tips for a Tenant to Green its Space

Companies of all shapes and sizes ranging from office and commercial tenants to those in the retail sector continue to look for ways to ensure their spaces are as “green” as possible – especially in today’s climate with a focus…more

Commercial Leases, Commercial Property Owners, Contract Negotiations, Green Buildings

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Dispensaries Can Maintain a Drug-Free Workplace

Employers in the medical marijuana industry have a right, like all California employers, to maintain a drug-free workplace. For example, Prop 64, which made it legal for individuals to use and grow marijuana for personal use,…more

Decriminalization of Marijuana, Dispensaries, Drug Testing, Employer Liability Issues, Employment Policies

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How to Avoid Needlessly Exposing a Client's Assets to Creditors in an Estate Plan or Trust

Estate planners often recommend that their clients hold title in community property or in a trust in which the real property interests are held as community property. They do this primarily to give the client the benefit of a…more

Community Property, Estate Planning, Joint Tenancy, Property Owners, Tax Basis

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Fines Issued to California Businesses that Hire or Dispatch Trucks and Heavy Equipment

The California Air Resources Board (“CARB”) is stepping up enforcement of the emission limits for heavy duty trucks by auditing companies that hire or dispatch those vehicles. Several California businesses have recently been…more

Audits, California Air Resources Board, Carbon Emissions, Heavy Equipment, Trucking Industry

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Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken…more

Eminent Domain, Expert Witness, Fair Market Value, Motion to Exclude, Oil & Gas

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Trademark Newsflash: Supreme Court Strikes Down Disparagement Clause

Since 1946, when the Lanham Act was enacted, the United States Patent and Trademark Office (USPTO) has denied registration of any trademark that “consists of … matter which may disparage [any] persons living or dead….” Today,…more

Disparagement, First Amendment, Lanham Act, Lee v Tam, Redskins

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New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often resolved…more

ADA, Disability Access Claims

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Brownfield Tenants Gain CERCLA Liability Protection

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA…more

Bona Fide Purchaser, Brownfield Properties, CERCLA, Commercial Leases, Environmental Liability

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California Imposes New Disabled Access Obligations on Commercial Property Owners

Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a Certified Access Specialist (“CASp”)…more

Accessibility Rules, CASp, Commercial Leases, Commercial Property Owners, Governor Brown

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When Construction Contracts Go Sideways in Bankruptcy

The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code…more

Bankruptcy Preferences, Chapter 13, Chapter 7, Commercial Bankruptcy, Construction Contracts

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New Agreements Required to Defend Your Trade Secrets

Companies should act now to protect their trade secrets in light of the new Defend Trade Secrets Act (DTSA), which was signed by President Obama on May 11 and became effective immediately. The DTSA protects trade secrets,…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Non-Disclosure Agreement, Private Right of Action

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Cannabis Insurance Presents Tough Choices

The unique financial headaches of running a cannabis business are well known. My colleague recently posted a terrific piece here regarding some of the banking-related pitfalls facing cannabis businesses and some of the possible…more

Commercial Insurance Policies, Marijuana, Marijuana Related Businesses

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Virgin America is Dead, Long Live Virgin America’s Marks

A lot happened in 2016. The first thing that comes to my mind as the unexpected event of 2016 is Alaska Airlines’ acquisition of Virgin America. At first glance, Alaska and Virgin didn’t seem to have that much in common. Alaska…more

Abandonment, Acquisitions, Airlines, Service Marks, Trademarks

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I-Spy in the Sky. Feds Enact Drone Regulations

This week, the Federal Aviation Administration (“FAA”) enacted regulations for routine non-recreational use of small Unmanned Aircraft Systems weighing less than 55 pounds or “drone” laws (Part 7 of Federal Aviation Regulations…more

Drones, Federal Acquisition Regulations (FAR), Federal Aviation Administration (FAA), Hazardous Substances, New Regulations

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Estate Planning Implications of American Taxpayer Relief Act of 2012

The American Taxpayer Relief Act (the Act), which was passed by Congress on January 1, 2013 and signed into law by President Obama on January 2, has finally provided some permanence to the transfer tax laws…more

American Taxpayer Relief Act, Bypass Trusts, Charitable Donations, Estate Planning, Estate Tax

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What Startup Entrepreneurs Need to Know About Crowdfunding Before They Raise Money

What's the one thing entrepreneurs and small business owners need to know about crowdfunding before they raise money? For a JD Supra Perspective, that’s the question we put to experts writing on this matter. Here’s what we heard…more

Crowdfunding, Legal Perspectives, Regulation D, Startups

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“Waters of the US” – The Tide of Uncertainty Rises Again

The controversial definition of “Waters of the United States” (WOTUS), which establishes the reach of federal jurisdiction under the Clean Water Act, has been thrust in a new direction. On February 28, 2017, President Trump…more

Clean Water Act, EPA, Executive Orders, Notice and Comment, Rapanos v US

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IP Basics: What are “Trade Dress” and “Trade Secrets?”

In the last post, we discussed copyrights, trademarks and the difference between them. In this post, we will consider the concepts of “trade dress” and “trade secrets.” Trade dress refers generally to “the total image,…more

Intellectual Property Protection, Trade Dress, Trade Secrets

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You’ve Just Become Your Brother’s Keeper - Construction Practice Newsletter

On September 28, 2014, the Governor signed AB 1897, which imposes on employers who obtain or are provided workers to perform labor within the employer’s usual course of business from a labor contractor (referred to as a “client…more

Construction Industry, Employer Liability Issues, Labor Contractor, New Legislation

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AIA Releases Decennial 2017 Updates to its Contracts Suites

The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring,…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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Hot Tips for a Tenant to Green its Space

Companies of all shapes and sizes ranging from office and commercial tenants to those in the retail sector continue to look for ways to ensure their spaces are as “green” as possible – especially in today’s climate with a focus…more

Commercial Leases, Commercial Property Owners, Contract Negotiations, Green Buildings

See all updates »

Employers Need to Prepare for Oakland's New Paid Sick Leave Law

Effective March 2, 2015, Oakland businesses and any other employers who have employees working within the City’s boundaries will need to comply with Oakland’s new Paid Sick Leave law, which mandates up to 72 hours (9 days…more

Local Ordinance, New Regulations, Paid Leave, Sick Leave

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Could You Be More Specific . . . About My Excess AI Coverage?

Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No…more

Additional Insured, Excess Policies, General Contractors, Insurance Litigation, Subcontractors

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Handmade, Craft, and Imported: Alcohol Beverage Makers Battle False Labeling & Advertising Claims

In the past couple years, there have been several consumer class action lawsuits filed against alcohol beverage makers claiming that their labels or marketing campaigns are false or misleading. Several lawsuits have been filed…more

Advertising, Anheuser-Busch, Beer, Breweries, Class Action

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Estate Planning Implications of American Taxpayer Relief Act of 2012

The American Taxpayer Relief Act (the Act), which was passed by Congress on January 1, 2013 and signed into law by President Obama on January 2, has finally provided some permanence to the transfer tax laws…more

American Taxpayer Relief Act, Bypass Trusts, Charitable Donations, Estate Planning, Estate Tax

See all updates »

California Supreme Court Rules Public Employees Personal Email Accounts are Subject to California Public Records Act

Earlier this month, the California Supreme Court issued an important ruling regarding the California Public Records Act (“CPRA”) (Govt. Code §6250 et seq.) and held that writings of a public employee may be subject to the CPRA…more

CA Supreme Court, CPRA, Electronic Communications, Personal Data, Public Employees

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The Quest For Contractual Certainty

The California Supreme Court has re-examined and largely restricted the scope of the parol evidence rule (Code of Civil Procedure §1856) in the case of RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit…more

Admissibility, Evidence, Parol Evidence, Promissory Fraud, Riverisland

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Court of Appeal Reinstates Regional Air Quality Thresholds for Greenhouse Gas Emissions

On August 13, 2013, the First District Court of Appeal reinstated controversial air quality guidelines adopted by the Bay Area Air Quality Management District (the District), including numeric greenhouse gas (GHG) thresholds of…more

CEQA, Environmental Impact Report (EIR), Greenhouse Gas Emissions, Land Developers

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Oakland’s Cannabis Permitting is Uniquely Uncertain

The City of Oakland recently finalized cannabis permitting regulations that are unique in California because they focus on “equity,” making entry into the cannabis industry easier for low-income individuals of color who…more

Decriminalization of Marijuana, Local Ordinance, Marijuana Related Businesses, Permits

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5 Estate Planning Mistakes You Should Try to Avoid

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra…more

Beneficiaries, Contract Drafting, Divorce, Estate Planning, Estate Tax

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The Battle of the Kylies Over the “Kylie” Trademark

In one corner, you have the 19-year-old breakout star of the Kardashian/Jenner clan, Kylie Jenner, who is making a name for herself with her cosmetics and fashion empire. In the other corner, you have the 48-year-old singer,…more

Dilution, Likelihood of Confusion, Settlement, Trademark Application, Trademark Opposition Proceedings

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Estate Planning Implications of American Taxpayer Relief Act of 2012

The American Taxpayer Relief Act (the Act), which was passed by Congress on January 1, 2013 and signed into law by President Obama on January 2, has finally provided some permanence to the transfer tax laws…more

American Taxpayer Relief Act, Bypass Trusts, Charitable Donations, Estate Planning, Estate Tax

See all updates »

California Supreme Court Rules Public Employees Personal Email Accounts are Subject to California Public Records Act

Earlier this month, the California Supreme Court issued an important ruling regarding the California Public Records Act (“CPRA”) (Govt. Code §6250 et seq.) and held that writings of a public employee may be subject to the CPRA…more

CA Supreme Court, CPRA, Electronic Communications, Personal Data, Public Employees

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The Legal Angle On General Mills Recall Of 10 Million Pounds Of Flour

What happened? On May 31, General Mills issued a voluntary recall (http://www.generalmills.com/flour/) of more than 10 million pounds of flour. Between mid-December 2015 and early May 2016, thirty-eight people have been…more

FDA, Food Manufacturers, Food Recalls, FSMA, General Mills

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