Wendel, Rosen, Black & Dean LLP

Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

It was the Age of Aquarius. And everything was changing. Politically, socially . . . and legally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under the…more
| Construction Law, Products Liability, Toxic Torts

California Supreme Court Clarifies Anti-Deficiency Protection after Short Sales Involving Purchase Money Loans

The California Supreme Court has published its much anticipated decision clarifying the scope of anti-deficiency protection under Code of Civil Procedure section 580b after short sales involving purchase money loans in Coker v…more
| Finance & Banking, Real Estate - Residential

The Prompt Payment Rollercoaster

This past year we wrote about a case involving California’s prompt payment laws and the current state of confusion with the prompt payment statutes which are scattered throughout the state Code and which are inconsistent in the…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Federal Law Applies in Calculating Overtime on Flat Sum Bonuses

Paying employees a bonus may trigger the obligation to pay retroactive overtime. The good news is that Alvarado v. Dart Container Corporation of California clarifies that it is lawful for California employers to use the formula…more
| Conflict of Laws, Labor & Employment Law

Oakland Proposed Developer Fees Summary

Unlike most large Bay Area cities, Oakland has not charged development impact fees to pay for affordable housing, but that is likely to change soon. The ramifications of a proposal to impose fees on new residential and…more
| Real Estate - Residential, Transportation, Zoning, Planning & Land Use

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)…more
| Construction Law, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

California’s Labor Enforcement Task Force Continues to Set Fire to the Underground Economy

If you’re a fan of the Hunger Games trilogy, either the books or the movies, you’re likely familiar with “The Hob,” the black market in District 12 where people buy and sell banned items. It’s where bow-wielding protagonist…more
| Construction Law, Labor & Employment Law

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity…more
| Construction Law, Government Contracting, Personal Injury, Zoning, Planning & Land Use

Construction Industry Trends to Watch in 2016

We all love new year’s predictions (at least I do). This past week, Construction Drive issued its 10 Construction Industry Trends to Watch in 2016. Some are not terribly surprising, while others might surprise you:…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Residential, Science, Computers, & Technology

Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy

In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission.  With rescission, both parties are restored to their pre-contract positions and issues of…more
| Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Using “Borrowed” Images in Your Blog

An engaging image, be it a photograph, line art or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well aware of the attention grabbing benefits of a great…more
| Intellectual Property

2016 California Employment Law Update

A new year sometimes means a new start and a blank slate. Not so for California employers who tend to review their policies and practices to ensure compliance with the ever growing list of laws governing the employer-employee…more
| Construction Law, Labor & Employment Law

California Bid Protests: Responsiveness and Materiality

It can be a rough and tumble world out there. And in the case of public works construction in California, this includes bid disputes. California’s competitive bidding laws require that a public works contract be awarded to…more
| Commercial Law & Contracts, Construction Law, Government Contracting, Transportation

Money and Dirt: Reviewing 2015; Previewing 2016

We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog, and a look forward to issues that will get attention in 2016…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Securities Law

Don’t Forget to Cross Your “Ts” and Dot Your “I-9s” When Hiring Employees

You just need to look around you to know that construction is once again booming. According to the U.S. Bureau of Labor Statistics the construction industry added 259,000 jobs nationwide from January through November 2015. While…more
| Construction Law, Labor & Employment Law, Immigration Law
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