Allen Matkins Leck Gamble Mallory & Natsis LLP

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William R. Ahern

The $5 Million Gift-Tax Exemption: Going, Going, Gone

If you are planning to make significant gifts in the near future, you had better get going. The current lifetime gift-tax exemption, which is currently set at $5.12 million ($10.24 million for couples) is set to expire at…more

Gift-Tax Exemption

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Dwight L. Armstrong

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Michael Betz

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Keith Paul Bishop

Is This Proposed Amendment To Delaware’s Stockholder Consent Statute Really Needed?

Recently, I wrote about a proposal to amend Section 141(f) of the Delaware General Corporation Law to permit inchoate directors to take action by written consent. The Corporation Law Section of the Delaware State Bar is…more

Board of Directors, Delaware General Corporation Law, Proxies, Shareholders, Written Consent

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David Blackwell

New Decision Helps Multifamily Developers by Striking Down a Restrictive Local Ordinance

On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa (A135094), the First District reversed and remanded a trial court's decision that Napa County's restrictive density bonus ordinance did not…more

Affordable Housing, Land Developers, Local Ordinance, Statutory Interpretation

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Joshua del Castillo

New California Court of Appeal Decision Reaffirms General Rule that Residential Lenders Owe no Duty to Borrowers, Including in the Loan Modification Context

In a recent decision, Lueras v. BAC Home Loans Servicing, LP, 2013 Cal. App. LEXIS 886, the California Court of Appeal returned to the general rule that, absent unique circumstances giving rise to a duty of care, lenders do not…more

Borrowers, Duty of Care, Foreclosure, Loan Modifications, Loans

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Jeffrey Chine

Court Upholds Validity of Landmark Water Transfer Agreement Providing Greater Certainty to California's Water Supply

On June 4, 2013, the Sacramento County Superior Court issued its much-anticipated ruling in the QSA Coordinated Civil Cases, upholding the validity of the historic Quantification Settlement Agreement and related agreements (the…more

CEQA, Water, Water Rights

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Gregory Clark

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity…more

Contractors, Indemnity Agreements, Subcontractors

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David D. Cooke

California Environmental Law and Policy Update

Environmental and Policy Focus - Federal agencies release proposed rule on Clean Water Act jurisdiction: Los Angeles Times - Mar 25 -- On Tuesday, the United States Environmental Protection Agency (EPA) and U.S. Army…more

CEQA, Clean Water Act, Environmental Policies, EPA

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Kenneth Curtis

Contractors Need to Update Policies and Procedures to Provide Recovery Periods for Outdoor Workers

Contractors and other employers of outdoor workers are affected by the amended California Labor Code, effective January 1, 2014, that provides expanded protection to outdoor workers. Specifically, California Labor Code section…more

Compliance, Construction Workers, Contractors, Employee Rights, Rest and Meal Break

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William R. Devine

Renewable Energy Update

Renewable Energy Focus - California’s plan to replace San Onofre nuclear energy: green success or natural gas giveaway?: Green Tech Solar News - Mar 14 -- The California Public Utilities Commission’s long-range plan to…more

Clean Tech, CPUC, Energy, Green Technology, Natural Gas

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Lee Edlund

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

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Barry Epstein

Renewable Energy Update

Renewable Energy Focus - California’s plan to replace San Onofre nuclear energy: green success or natural gas giveaway?: Green Tech Solar News - Mar 14 -- The California Public Utilities Commission’s long-range plan to…more

Clean Tech, CPUC, Energy, Green Technology, Natural Gas

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Ted Fates

Lenders Beware: Debt Can Now Be Recharacterized as Equity in the Ninth Circuit

For the last 27 years, bankruptcy courts in the Ninth Circuit consistently held that debt could not be recharacterized as equity unless the movant proved inequitable conduct by the debt holder. On April 30, 2013, the Ninth…more

Debt, Equity Investors, Lenders, Loans, Re-Characterization

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Amy Wintersheimer Findley

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Matthew Fogt

Delayed AB 1103 Energy Benchmarking and Disclosure Requirements Set To Go Into Effect In January 2014

Following significant delays, the California Nonresidential Building Energy Use Disclosure Program is now slated to go into effect on January 1, 2014 for buildings over 10,000 square feet. An owner of a building subject to the…more

Benchmarking, Commercial Property Owners, Compliance, Energy Efficiency, ENERGY STAR Program

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Lee Gotshall-Maxon

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

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Patrick J. Grady

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Mark Hattam

Court Upholds Validity of Landmark Water Transfer Agreement Providing Greater Certainty to California's Water Supply

On June 4, 2013, the Sacramento County Superior Court issued its much-anticipated ruling in the QSA Coordinated Civil Cases, upholding the validity of the historic Quantification Settlement Agreement and related agreements (the…more

CEQA, Water, Water Rights

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Thomas Henning

California Continues Crackdown on 1031 Exchanges

During the last several years, the California Franchise Tax Board (“FTB”) has been closely scrutinizing section 1031 exchanges, and finding section 1031 exchanges to be a fruitful area for state tax audits. While California law…more

Franchise Tax Board, Franchise Taxes, Franchises, IRS, State Taxes

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Michael Holmes

Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and if…more

Accessibility Rules, Certified Access Specialists, Commercial Leases, Commercial Property Owners, Disclosure Requirements

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Kathryn Horning

It's Final—State Water Board Adopts New Industrial General Permit for Storm Water Discharges

On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated with…more

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Valentine Hoy

California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act

Valentine S. Hoy and Timothy M. Hutter discuss a recent California Court of Appeal ruling that found SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only remedy for construction defect claims…more

Construction Defects, Construction Disputes, Defect, Liberty Mutual Insurance Company, Repairs

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Tim Hsu

EPA Endorses New ASTM Phase I Standard

The ASTM standard for Phase I Environmental Site Assessments was recently revised by ASTM International and, on August 15, 2013, in a direct final rulemaking likely to become effective this November, the new standard was…more

ASTM, Environmental Policies, EPA, New Regulations

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Timothy Hutter

California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act

Valentine S. Hoy and Timothy M. Hutter discuss a recent California Court of Appeal ruling that found SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only remedy for construction defect claims…more

Construction Defects, Construction Disputes, Defect, Liberty Mutual Insurance Company, Repairs

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Bryan C. Jackson

Green Building Update -- September 12, 2013

Green Building Focus -- Green L.A. Federal Courthouse: Courthouse News - Aug 12 - After a decade of planning, officials broke ground on a $319 million, 10-story Los Angeles Federal Courthouse. The new courthouse's…more

Energy, Energy Efficiency, Green Buildings, LEED Certified

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Kamran Javandel

DTSC Releases Initial Proposed “Priority Products” List for Safer Consumer Products Regulations

On March 13, 2014, the California Department of Toxic Substances Control (DTSC) released its initial proposed list of “Priority Products” for regulation under DTSC’s Safer Consumer Products program. The three categories of…more

Children's Products, Department of Toxic Substances Control, Green Chemistry

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R. Michael Joyce

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed…more

Construction Contracts, Land Developers, Public Works, Waivers

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Stephen Kepler

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Baldwin Lee

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Nancy Lundeen

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

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Megan A. Mazza

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Denisha McKenzie

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Kristen L. McMichael

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Mark Mengelberg

Commercial Landlords in San Francisco Beware

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square…more

Accessibility Rules, ADA, Commercial Leases, Landlords, Notice Requirements

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Marlene Moffitt

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Emily L. Murray

Renewable Energy Update

Renewable Energy Focus - California’s plan to replace San Onofre nuclear energy: green success or natural gas giveaway?: Green Tech Solar News - Mar 14 -- The California Public Utilities Commission’s long-range plan to…more

Clean Tech, CPUC, Energy, Green Technology, Natural Gas

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Alexander Nestor

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Sandi L. Nichols

It's Final—State Water Board Adopts New Industrial General Permit for Storm Water Discharges

On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated with…more

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Charles Pernicka

California Court Upholds Contract Clause Shortening Time Limits for Construction Claims

In a matter of first impression, a California Court of Appeal upheld and enforced standard AIA contract language effectively shortening to four years the ten-year time limit for bringing claims for latent construction defects…more

Construction Defects, Latent Defects, Statute of Limitations

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Patrick A. Perry

Renewable Energy Update

Renewable Energy Focus - California’s plan to replace San Onofre nuclear energy: green success or natural gas giveaway?: Green Tech Solar News - Mar 14 -- The California Public Utilities Commission’s long-range plan to…more

Clean Tech, CPUC, Energy, Green Technology, Natural Gas

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Geoffrey Perusse

SEC Proposes Regulations Related to Crowdfunding (Part 1)

The Securities and Exchange Commission ("SEC") proposed for comment new regulations on Crowdfunding. Crowdfunding is the general term used to describe a new way of raising capital using the Internet. A crowdfunding…more

Accredited Investors, Advertising, Crowdfunding, Disclosure Requirements, Intermediaries

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Alain R'bibo

Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and if…more

Accessibility Rules, Certified Access Specialists, Commercial Leases, Commercial Property Owners, Disclosure Requirements

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Boris Reznikov

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Heather Riley

Delayed AB 1103 Energy Benchmarking and Disclosure Requirements Set To Go Into Effect In January 2014

Following significant delays, the California Nonresidential Building Energy Use Disclosure Program is now slated to go into effect on January 1, 2014 for buildings over 10,000 square feet. An owner of a building subject to the…more

Benchmarking, Commercial Property Owners, Compliance, Energy Efficiency, ENERGY STAR Program

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Annette M. Rittmuller

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Michael Ryan

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Sarina Saluja

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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John M. Scheppach

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Nicholas Shantar

Requiring Landowners To Dedicate An "Overflight" Easement Is Not A Taking, Even When All An Owner Seeks Is A Minor Building Permit

The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other…more

Building Permits, Dolan v City of Tigard, Easements, Nollan v California Coastal Commission, Private Property Rights

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Morgan Shekhter

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Adam Stock

Top Priorities for BigLaw in 2014? Here's the CMO Perspective...

What will be the top priority for law firms in 2014? The answer depends on whom you ask, of course – and, for our Firm Leadership series, we put the question to chief marketing officers at law firms publishing on JD Supra..…more

Big Law, Client Services, Firm Leadership, Legal Perspectives

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Josi Kennon Swonetz

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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Nisha Verma

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v…more

Compliance, Criminal Background Checks, Employee Rights, Exempt-Employees, Income Taxes

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