Wendel, Rosen, Black & Dean LLP

Cannabis Banking – (Perhaps) There Is An App For That

Simply stated, voter approval of Prop. 64 did not solve the California Cannabis Industry’s banking problem. It does not matter that cannabis – recreational or medicinal – is legal in California. In order to participate in the…more

Banking Sector, Decriminalization of Marijuana, FDIC, Mobile Apps, Payment Systems

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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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2017 California Employment Law Update

Below are some of the new laws going into effect this year that affect the construction industry. Unless otherwise noted, the laws go into effect on January 1, 2017…more

Anti-Discrimination Policies, Contract Terms, Decriminalization of Marijuana, Employment Contract, General Contractors

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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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Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment

Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. The law’s favorable treatment of bona fide…more

Bona Fide Purchaser, Deed of Trust, Default Judgment, First American Title Insurance Co., Forbearance Agreements

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Smart Cannabis Businesses are Staking a Claim to Their Intellectual Property

Yes, cannabis is still listed as a Schedule 1 Controlled Substance; and yes, the United States Patent and Trademark Office (USPTO) will not register trademarks for cannabis strains. But there are still a number of creative ways…more

Controlled Substances, Corporate Branding, Decriminalization of Marijuana, Trademarks, USPTO

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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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Jury Hands Zeppelin a Heavenly Victory

In Robert Plant’s world, all that glitters is not gold, and all that sounds like another artist’s work is not stolen from that artist. Fortunately for Plant and his Led Zeppelin bandmates, a Los Angeles jury agreed. That jury…more

Copyright, Copyright Infringement, Led Zeppelin, Music, Music Industry

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Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test Kitchen…more

Breach of Contract, Breach of Duty, Confidential Information, Fiduciary Duty, Misappropriation

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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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Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including…more

Construction Industry, General Contractors, Notice Requirements, Residential Real Estate Contracts, Right to Remain Silent

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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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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

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California Supreme Court Endorses City Authority to Adopt Inclusionary Housing Ordinance

On June 15, 2015, in a decision that came as a surprise to many observers, the California Supreme Court unanimously rejected a challenge to San Jose’s inclusionary housing ordinance which had been filed by the California…more

Affordable Housing, CA Supreme Court, Construction Industry, Inclusionary Housing Ordinance, Public Interest

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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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After Proposition 64 Does Medical Marijuana Matter?

California’s recent recreational pot legalization brings into question the relevance of medical cannabis in a state that led the legal marijuana movement with a 1996 voter initiative giving patients the right to possess and grow…more

Ballot Measures, Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Cultivation

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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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Trade Dress Infringement: Ivanka Trump Sued for Stepping on Aquazzura’s Toes

On June 21, 2016, Aquazzura Italia SRL (“Aquazzura”), an Italian shoe company, filed a complaint against Ivanka Trump, IT Collection LLC, Marc Fisher Holdings LLC, and M.B. Fisher LLC (collectively, the “Defendants”) for trade…more

Fashion Design, Fashion Industry, Infringement, Ivanka Trump, Trade Dress

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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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Governor Seeks to Streamline Approval of Multifamily Housing Projects

In an effort to encourage housing production, Governor Jerry Brown has made a bold proposal to streamline the approval of certain multifamily housing projects that include a portion deed-restricted affordable units. The proposal…more

Affordable Housing, CEQA, Governor Brown, Proposed Legislation, Real Estate Development

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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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Contact

1111 Broadway
24th Fl.
Oakland, CA 94607, United States

Contact: Lydia Bednerik, Marketing Director

  • (510) 834-6600
  • (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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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