Allen Matkins Leck Gamble Mallory & Natsis LLP

Recent Changes to the Tax Matters Partner Designation May Prove Costly to the Unwary

One choice all joint venture devotees face in negotiating each new venture is who to designate as the tax matters partner. Recent changes to the law make this decision much more important and may prove costly to those who are…more

Audits, Bipartisan Budget, IRS, Joint Venture, Partnership Agreements

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Immediate Action Required: California Employers Must Update Harassment and Discrimination Policies

Effective April 1, 2016, new California regulations require employers to develop a written, detailed harassment and discrimination prevention and correction policy. For some time, the California Fair Employment and Housing Act…more

Anti-Discrimination Policies, Anti-Harassment Policies, DFEH, FEHA, New Regulations

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An Appeal of a Bankruptcy Sale Order May Be Moot Regardless of Whether the Seller Actually Had the Authority to Sell the Assets

A pair of recent decisions by the Ninth Circuit in In re Mortgages Ltd. underscore the power of the equitable mootness doctrine and the importance of obtaining stays of bankruptcy court orders to avoid having appeals of the…more

Chapter 11, Commercial Bankruptcy, Equitable Mootness, Investors, Mortgages

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Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

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2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

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Is Forced Speech In Responding To Staff Comment Letters Inaccurate Speech?

In 2014, the Securities and Exchange Commission announced that all comment letters would request that the issuer include the so-called “Tandy Letter”. Thus, all staff comment letters include a request for a written statement in…more

Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Registration Statement, SEC, Tandy Letter

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AB 2222 Restricts Use of State Density Bonus Law

On September 27, 2014, Governor Brown signed AB 2222, which amended sections of the State Density Bonus Law (Gov. Code §§ 65915, 65915.5 ["DBL"]). The main purpose of the bill is to require developers to replace all of a…more

Affordable Housing, Bonuses, Construction Industry, Incentives, Multi-Family Development

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EPA and U.S. Army Corps of Engineers Approve New Definition of "Waters of the United States"

The U.S. EPA and the U.S. Army Corps of Engineers announced today that they have jointly approved a new definition of the key term "waters of the United States," a term that defines the limits of federal jurisdiction over…more

Clean Water Act, EPA, US Army Corps of Engineers, Waters of the United States

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Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes

Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes. Janvey…more

Commercial Bankruptcy, Creditors, Debtors, Enforcement Actions, Fraudulent Transfers

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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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Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies targeting…more

Climate Change, Commercial Property Owners, Drought, Energy Policy, Fines

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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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California Environmental Law & Policy Update - April 2016 #5

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish in…more

Clean Water Act, Drought, EPA, Greenhouse Gas Emissions, Habitat Conservation Plan

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The DIR Calls Timeout On Its New Electronic Certified Payroll Reporting Requirements

The California Department of Industrial Relations (DIR) recently issued a follow-up notice to public works contractors and agencies to clarify the DIR's current enforcement of its Electronic Certified Payroll (eCPR)…more

Contractors, Department of Industrial Relations, Labor Commissioners, Payroll Records, Public Works

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California Environmental Law & Policy Update - April 2016 #5

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish in…more

Clean Water Act, Drought, EPA, Greenhouse Gas Emissions, Habitat Conservation Plan

See All Updates »

Renewable Energy Update - April 2016 #5

Renewable Energy Focus - California utility-scale solar beat wind for first time in 2015 - Solar Industry Magazine - Apr 28 - In 2015, energy from grid-connected, utility-scale solar plants surpassed that from…more

Commercial Real Estate Market, DOE, Natural Gas, PACE, Renewable Energy

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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

See All Updates »

Renewable Energy Update - April 2016 #5

Renewable Energy Focus - California utility-scale solar beat wind for first time in 2015 - Solar Industry Magazine - Apr 28 - In 2015, energy from grid-connected, utility-scale solar plants surpassed that from…more

Commercial Real Estate Market, DOE, Natural Gas, PACE, Renewable Energy

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Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes

Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes. Janvey…more

Commercial Bankruptcy, Creditors, Debtors, Enforcement Actions, Fraudulent Transfers

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

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New Legislation (AB 802) To Replace Existing Energy Use Disclosure Law (AB 1103)

On Thursday, October 8, 2015, Governor Jerry Brown signed into law Assembly Bill 802 (AB 802). AB 802 creates a new energy use disclosure program for the State of California, and replaces the existing law, Assembly Bill 1103 (AB…more

Benchmarking, California Energy Commission, Commercial Buildings, Energy Consumption, Energy Use Disclosure Requirements

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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

See All Updates »

Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a Disability

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for…more

Disability Discrimination, Employer Liability Issues, FEHA, Hiring & Firing, Reasonable Accommodation

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Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code…more

Bank of America v. Caulkett, Chapter 11, Chapter 7, Consumer Bankruptcy, Dewsnup

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OPR Releases Preliminary Discussion Draft of CEQA Guidelines Amendments for Public Comments

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA) Guidelines (Preliminary Discussion Draft). The OPR…more

CEQA, CEQA Reform, Comment Period, Energy Policy, Environmental Impact Report

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State Agencies Cannot Declare Mitigation of Project Impacts Infeasible Based Solely on the Lack of Legislative Appropriations

A public agency may not rely solely on a request to the Legislature to appropriate funding to mitigate a project's adverse environmental impacts and conclude that mitigation is infeasible because the funding cannot be…more

Appropriation, CEQA, Environmental Impact Report, Mitigation, San Diego

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Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

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Good News for Taxpayers: California 1031 Exchange Decision

The California State Board of Equalization (Board) recently issued a favorable decision in an important Section 1031 exchange case. As an elected body of five members, the Board hears appeals in California tax cases where the…more

Franchise Tax Board, Section 1031 Exchange, State Tax Equalization Boards, Tax Appeals, Tenancy-in-Common

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Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

As of January 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and/or landlord, including any dual agency relationship, in residential real property…more

Buyers, Disclosure Requirements, Dual Agency Disclosure, Landlords, Real Estate Agents

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McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800

In McMillin Albany, LLC v. Superior Court (available here), the Fifth Appellate District of the California Court of Appeal held that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the only remedy…more

Construction Defects, Construction Industry, Exclusive Remedy, Right to Repair, Statute of Limitations

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Mutual Water Companies: A Water Supply Option for Multifamily and Residential Developments

With the ongoing drought in California, multifamily and residential subdivision developers who encounter difficulties in obtaining water service commitments for their projects from existing water suppliers may consider…more

Construction Industry, Subdivision, Water, Water Supplies

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Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code…more

Bank of America v. Caulkett, Chapter 11, Chapter 7, Consumer Bankruptcy, Dewsnup

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McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800

In McMillin Albany, LLC v. Superior Court (available here), the Fifth Appellate District of the California Court of Appeal held that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the only remedy…more

Construction Defects, Construction Industry, Exclusive Remedy, Right to Repair, Statute of Limitations

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Army Corps Jurisdictional Determinations Subject to Pre-Permit Judicial Review, Eighth Circuit Says

EPA and Army Corps of Engineers imposition of federal Clean Water Act requirements can now be challenged in court without waiting for the agencies to bring an enforcement action, at least in the Eighth Circuit. On April 10, in a…more

Clean Water Act, Enforcement Actions, EPA, Final Action, Judicial Review

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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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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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2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

8 Things Employers Need to Know About San Francisco’s New Fully Paid Parental Leave Ordinance

On April 21, 2016, Mayor Ed Lee signed The Paid Parental Leave for Bonding with New Child Ordinance making San Francisco the first U.S. city mandating employees are provided with six weeks of fully paid parental leave for the…more

Local Ordinance, Paid Family Leave Law, Paid Leave, Parental Leave, Popular

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Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

See All Updates »

Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

The California Court of Appeal recently affirmed a retail owner's right to limit expressive activity to areas designated in a written policy. The decision highlights the value of time, place, and manner policies to commercial…more

Appeals, Commercial Property Owners, Private Property, Retailers, Shopping Centers

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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

See All Updates »

Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

The California Court of Appeal recently affirmed a retail owner's right to limit expressive activity to areas designated in a written policy. The decision highlights the value of time, place, and manner policies to commercial…more

Appeals, Commercial Property Owners, Private Property, Retailers, Shopping Centers

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California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse…more

Bay Area Air Quality Management District, CA Supreme Court, California Building Industry Association (CBIA), CEQA, Environmental Impact Report

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2015 Labor & Employment Law Update for California Employers

The California Legislature enacted a number of new bills that become effective in 2015. Among the most significant are the following..…more

Arbitration, Child Labor, Civil Monetary Penalty, Discrimination, Employment Contract

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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

See All Updates »

Renewable Energy Update - April 2016 #5

Renewable Energy Focus - California utility-scale solar beat wind for first time in 2015 - Solar Industry Magazine - Apr 28 - In 2015, energy from grid-connected, utility-scale solar plants surpassed that from…more

Commercial Real Estate Market, DOE, Natural Gas, PACE, Renewable Energy

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Is Tweeting A Protected Concerted Activity?

According to the NLRB’s recent ruling in Chipotle Servs. LLC, 2016 BL 76781, tweeting can be a protected activity. In that decision, the presiding ALJ determined that Chipotle violated the NLRA when it directed an employee to…more

Chipotle Grill, Employer Liability Issues, NLRB, Protected Concerted Activity, Social Media Policy

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California Environmental Law & Policy Update - April 2016 #5

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish in…more

Clean Water Act, Drought, EPA, Greenhouse Gas Emissions, Habitat Conservation Plan

See All Updates »

Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies targeting…more

Climate Change, Commercial Property Owners, Drought, Energy Policy, Fines

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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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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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California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse…more

Bay Area Air Quality Management District, CA Supreme Court, California Building Industry Association (CBIA), CEQA, Environmental Impact Report

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

Financial Institutions May Post Online Privacy Disclosures

The Consumer Financial Protection Bureau ("CFPB") recently amended Regulation P, which requires – in connection with the Gramm-Leach-Bliley Act – that financial institutions provide an annual disclosure of their privacy policies…more

Amended Regulation, Banks, CFPB, Financial Institutions, Gramm-Leach-Blilely Act

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2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more

Broadband, FCC, Net Neutrality, New Regulations, Telecommunications

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

8 Things Employers Need to Know About San Francisco’s New Fully Paid Parental Leave Ordinance

On April 21, 2016, Mayor Ed Lee signed The Paid Parental Leave for Bonding with New Child Ordinance making San Francisco the first U.S. city mandating employees are provided with six weeks of fully paid parental leave for the…more

Local Ordinance, Paid Family Leave Law, Paid Leave, Parental Leave, Popular

See All Updates »

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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Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a Disability

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for…more

Disability Discrimination, Employer Liability Issues, FEHA, Hiring & Firing, Reasonable Accommodation

See All Updates »

Immediate Action Required: California Employers Must Update Harassment and Discrimination Policies

Effective April 1, 2016, new California regulations require employers to develop a written, detailed harassment and discrimination prevention and correction policy. For some time, the California Fair Employment and Housing Act…more

Anti-Discrimination Policies, Anti-Harassment Policies, DFEH, FEHA, New Regulations

See All Updates »

2016 Labor & Employment Law Update for California Employers

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following: AB 1506: Employers Given Time to…more

Anti-Retaliation Provisions, E-Verify, Fair Pay Act, FEHA, Labor Commissioners

See All Updates »

Contact

555 South Figueroa Street, 9th Floor
Los Angeles, CA 90071, United States

  • 213-622-5555

Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Bankruptcy
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Other U.S. Locations
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Number of Attorneys

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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