Author Info for Allen Matkins

William Ahern

California Voters Narrowly Reject Split-Roll Initiative, but Approve Changes to Property Tax Exemptions; San Francisco Voters Approve Higher Taxes on Businesses

On November 3, 2020, voters across the State of California were asked to consider various state and local ballot measures. The hardest fought campaign, Proposition 15, asked voters whether to rescind property-tax rules…more

Ballot Measures, California, Commercial Property Owners, Election Results, Property Tax

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Margaret Akerblom

Sustainable Development and Land Use Update

Elk Grove has settled a lawsuit with the state over a 67-unit supportive housing project the city denied, despite the fact that the city had recently approved a similar market-rate project. The lawsuit filed by Attorney General…more

California, Governor Newsom, Housing Developers, Natural Gas, Popular

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Grant Alexander

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

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John Allen

New Proposition 65 Regulation Intended to Assist Residential Rental Property Owners Offers a Mixed Bag

The California Office of Health Hazard Assessment (OEHHA), the agency charged with carrying out the Safe Drinking Water and Toxics Enforcement Act of 1986 (aka Proposition 65), recently finalized regulations which take effect on…more

OEHHA, Proposition 65, Residential Property Owners, Warning Labels

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Korinna Anderson

Court of Appeal Upholds Transit-Oriented Development Surrounding Los Angeles’ Expo Line - 2024 Land Use, Environmental & Natural Resources Update

California’s Second District Court of Appeal upheld the City of Los Angeles’s legislative actions related to the Metro Exposition Light Rail Transit Line (commonly known as the Expo Line) in a February 2024 ruling that supports…more

Abuse of Discretion, California, Federal Trade Commission (FTC), Land-Use Permits, Public Transit

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Jacob Aronson

Changes to the California Environmental Quality Act Enacted in 2023 - 2024 Land Use, Environmental & Natural Resources Update

This article summarizes some of the most significant amendments to the California Environmental Quality Act (CEQA) that were enacted in 2023. Some housing laws that relate to CEQA are discussed in the article, “Recently…more

Affordable Housing, California, CEQA, Department of Environmental Quality, Environmental Policies

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Melissa Bell

FTC Final Rule Banning Most Worker Noncompete Agreements

The Federal Trade Commission (FTC) on April 23, 2024 issued its long-anticipated final rule generally banning noncompete agreements for workers (including employees and independent contractors) nationwide. What should employers…more

Chamber of Commerce, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Restrictive Covenants

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Michael Betz

Test Your Insurance Policy for Potential Relief from the COVID-19 Pandemic

With the recent emergence of COVID-19, many businesses may already have started to feel the effects of a slowdown or interruption in their business operations. To curtail those concerns, businesses should check their insurance…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

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Keith Bishop

The Attorney-Client Privilege In M&A Transactions - A Decade Later

In 2013, then Chancellor Leo Strine determined that under Section 259 of the Delaware General Corporation Law the attorney-client privilege held by the target company follows to the surviving company after a merger. Great Hill…more

Acquisitions, Attorney-Client Privilege, Client Communication, Confidential Communications, Delaware General Corporation Law

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David Blackwell

California Appellate Court Determines Agreement Between City and Developer is Subject to Referendum

On March 6, 2024, the First Appellate District held that a city council resolution approving an agreement between the City of Livermore and an affordable housing developer was legislative in nature and thus subject to a…more

Affordable Housing, California, Construction Project, Housing Developers, Real Estate Development

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Stuart Block

California Environmental Law & Policy Update 9.13.24

Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern…more

California, Class Action, Discharge of Pollutants, Energy Policy, Environmental Policies

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Amarveer Brar

Three New California Laws to Facilitate Housing Production

The California Legislature and Governor approved three key housing bills in 2021, to facilitate housing production in California. SB 8 (Senator Skinner) extends and expands the Housing Crisis Act of 2019 (SB 330). SB 9 (Senator…more

CEQA, Environmental Policies, Environmental Review, Housing Developers, New Regulations

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Patrick Breen

California Building Owners and Contractors: Act before January 1, 2018, to Minimize Risks of Non-Paying Subcontractors

This past weekend Governor Brown signed AB 1701, a bill that requires direct contractors to pay any wages, fringe benefits, or other benefit payments or contributions owed by a defaulting subcontractor, plus interest. This new…more

Construction Contracts, Governor Brown, Property Owners, Subcontractors

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Benjamin Brown

California’s Proposed Housing Laws for the 2023-24 Legislative Session

There are multiple proposed bills under consideration by the State Assembly and Senate that would affect new housing developments. The following is a summary of a few of the key bills, which is current as of the date of this…more

Building Codes, California, CEQA, Housing Developers, Proposed Legislation

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Anthony Burney

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access Specialist…more

Accessibility Rules, CASp, Commercial Leases, Commercial Real Estate Market, Commercial Tenants

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Joshua del Castillo

Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”). SVB was closed this morning by the California Department of Financial…more

FDIC, Financial Institutions, FIRREA, Landlords, Letter of Credit

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Caroline Guibert Chase

Sustainable Development and Land Use Update

Elk Grove has settled a lawsuit with the state over a 67-unit supportive housing project the city denied, despite the fact that the city had recently approved a similar market-rate project. The lawsuit filed by Attorney General…more

California, Governor Newsom, Housing Developers, Natural Gas, Popular

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Ryan Chen

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the…more

Appellate Courts, California, CEQA, Condominiums, Critical Habitat

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Jeffrey Chine

Sustainable Development and Land Use Update

Elk Grove has settled a lawsuit with the state over a 67-unit supportive housing project the city denied, despite the fact that the city had recently approved a similar market-rate project. The lawsuit filed by Attorney General…more

California, Governor Newsom, Housing Developers, Natural Gas, Popular

See all updates »

Bridget Cho

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings…more

California, Climate Change, Crops, Department of Environmental Quality, Drinking Water

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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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Shawn Cobb

California Environmental Law & Policy Update 9.13.24

Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern…more

California, Class Action, Discharge of Pollutants, Energy Policy, Environmental Policies

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John Condas

Top 7 Takeaways from the Allen Matkins 2022 Real Estate Development Law Update

The economy is strong and growing — perhaps too quickly as the labor market remains tight. A surprising number of people are choosing to stay out of the labor market, for now, contributing to the supply chain disruptions…more

Administrative Remedies, Affordable Housing, CEQA, Housing Developers, Housing Market

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Molly Coyne

California’s Offshore Wind Power Industry Sets Sail

California is entering the new waters of offshore wind power. The unique challenges and potential of developing offshore wind power in California have spurred numerous federal and state cooperation efforts. While other U.S…more

BOEM, California, Department of Energy (DOE), Natural Resources, Offshore Wind

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Andrew Demirchyan

New Filing Fees in Connection with CFIUS Review of Foreign Participation in U.S. Real Estate Transactions

Real estate transactions subject to Committee on Foreign Investment in the United States (CFIUS) review, including those involving foreign participation through investment, acquisition, or management of U.S. real property or…more

CFIUS, Comment Period, Cross-Border Transactions, Filing Fees, Filing Requirements

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Marissa Dennis

Landlord Primer Regarding Practical Recommendations for Reopening Office Buildings

The Shelter-in-Place orders issued by various state and local jurisdictions are being modified to allow businesses, other than just “Essential Businesses,” to open and operate. Although commercial office buildings have been…more

Commercial Property Owners, Coronavirus/COVID-19, Landlords, Office Closures, Popular

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Alexander Doherty

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings…more

California, Climate Change, Crops, Department of Environmental Quality, Drinking Water

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Amanda Donson

California’s Retail Market Continues to Show Signs of a Strong Rebound

Despite concerns before and during the pandemic, the retail space market in California continues to rebound and shows remarkable signs of resiliency. El Warner, Vice Chair of Retail Capital Markets at Collier’s, and Amanda…more

California, Commercial Leases, Commercial Real Estate Market, Internet Retailers, Retailers

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Nicholas DuBroff

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime. According…more

Affordable Housing, California, CEQA, Climate Change, Housing Market

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Lee Edlund

While Still Pessimistic, Retail Outlook Begins to Rebound

Following a continued decline into pessimism, retail may be coming back from the bottom of the cycle, according to the latest Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey. The current view is…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Coronavirus/COVID-19

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Bryce Ellis

FinCEN’s Beneficial Ownership Information Reporting Requirements Are Now In Effect

Beginning on January 1, 2024, a new law, the Corporate Transparency Act (CTA), requires certain business entities for the first time to disclose beneficial ownership information (BOI) to the U.S. Department of Treasury’s…more

Beneficial Owner, Business Ownership, CEOs, CFOs, Corporate Transparency Act

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Barry Epstein

Renewable Energy Update 8.29.24

California will solicit up to 2 GW of long-duration energy storage resources as part of a 10.6 GW centralized procurement for emerging clean energy technologies to be deployed between 2031 and 2037, the California Public…more

Bureau of Land Management, Clean Energy, Construction Project, Data Centers, Electricity

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Matthew Ertman

New SEC Rules Will Increase the Regulation of Private Fund Advisers

The U.S. Securities and Exchange Commission (SEC) recently adopted new rules and rule amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act) that will increase the regulation of private fund…more

Audits, Books & Records, Conflicts of Interest, Final Rules, Governance Standards

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Michael Farrell

Lenders and Insurance: Are Your Bases Covered? A Checklist for Confirming Lenders' Rights in Borrowers' Insurance Proceeds

The economic impacts of the COVID-19 pandemic, particularly the impacts arising from federal, state and local shelter-in-place restrictions, have caused numerous affected parties to submit claims under their insurance policies…more

Business Interruption, Civil Authority Coverage, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases

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Ted Fates

Ninth Circuit Decides Issue of First Impression Regarding Referral Fees Paid from a Ponzi Scheme

The Ninth Circuit recently issued an unpublished decision in Hoffman v. Markowitz, Case No. 17-56290 (C.D. Cal., Dec. 24, 2018), holding that referral fees paid from a Ponzi scheme are subject to avoidance under the California…more

First Impression, Investors, Ponzi Scheme, Referral Fees, Uniform Voidable Transactions Act (UVTA)

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Matthew Fogt

California Laws Related to Permitting Electric Vehicle Charging Stations and Electric Infrastructure Projects

In recognition of the substantial effect that widespread use of electric vehicles (EV) will have in reducing carbon emissions, the state and federal governments have set ambitious goals to increase the number of EVs on the road…more

California, Carbon Emissions, Charging Stations, Electric Vehicles, Green Infrastructure

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Nancy Fong

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

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Kathryn Garcin

Top Ten Ways That the New CPRA Law Will Change the Privacy Landscape

On Election Day, California voters approved Proposition 24, which enacts the California Privacy Rights Act of 2020 (CPRA). The CPRA amends and expands California’s landmark consumer privacy legislation, the California Consumer…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Ivan Gold

Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”). SVB was closed this morning by the California Department of Financial…more

FDIC, Financial Institutions, FIRREA, Landlords, Letter of Credit

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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, Americans with Disabilities Act (ADA), Commercial Leases, Landlords, Notice Requirements

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Michael Greger

Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”). SVB was closed this morning by the California Department of Financial…more

FDIC, Financial Institutions, FIRREA, Landlords, Letter of Credit

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Peter Griffin

2023 Labor & Employment Law Update for California Employers

2022 was again a busy year for the California Legislature's enactment of new laws affecting California employers in 2023. Below you will find our annual Employment Law Update. CALIFORNIA EXPANDS EMPLOYER PAY SCALE DISCLOSURE AND…more

Adverse Employment Action, Bereavement Leave, California, California Family Rights Act (CFRA), Coronavirus/COVID-19

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Mark Hartney

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings…more

California, Climate Change, Crops, Department of Environmental Quality, Drinking Water

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Alan Hearty

Continued Efforts to Bolster Wireless Infrastructure as California Officials Brace for Wildfire Season

California has been plagued by devastating wildfires over the past two summers, with the 2018 Camp Fire the deadliest and most destructive on record. Now that summer has officially started in 2019, officials are bracing for a…more

5G Network, Emergency Alerts, FCC, Governor Brown, Governor Newsom

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Julie Hoffman

California’s Office Space Market Grapples with Economic Uncertainties More than Return-to-Work Disparities

During the height of the COVID-19 pandemic, offices, stores, and factories across the country were closed and shuttered. Those who could work from home did, while those who couldn’t collected unemployment and wondered if life…more

Business Closures, California, Coronavirus/COVID-19, Office Space, Remote Working

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Michael Holmes

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access Specialist…more

Accessibility Rules, CASp, Commercial Leases, Commercial Real Estate Market, Commercial Tenants

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Valentine Hoy

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy" available…more

CA Supreme Court, Construction Defects, Right to Repair, SB800

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Tim Hsu

Allen Matkins Partners Scott Leipzig and Tim Hsu Prevail in Arbitration Concerning a Buyer’s Right to Terminate a Purchase Agreement and Recover its Deposit Following COVID-19 Disruptions

Last week, an arbitrator ruled that the purchaser of a commercial real estate property could terminate its purchase agreement and recover its non-refundable deposit, even though it had previously waived all contingencies, based…more

Arbitration, Arbitration Agreements, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19

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William Huckins

California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

In Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate, 11 Cal. App. 5th 509 (2017), the California Court of Appeal recently affirmed a judgment creditor's right to seek third party discovery in aid of enforcement of a…more

Appeals, Cal Code of Civil Procedure, Creditors, Discovery, Third-Party

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Timothy Hutter

Governor Signs Density Bonus Law Clean Up Legislation

On September 28, 2021, Governor Newsom signed SB 290, which amends certain provisions of the Density Bonus Law (Gov. Code § 65915). Senator Skinner’s SB 290 essentially replicates SB 1085 from 2020, which died, along with…more

Affordable Housing, Density Bonus, Governor Newsom, Housing Developers, Low Income Housing

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Sandra Jacobson

Pandemic Fuels Continued Growth of Industrial Market

Industrial markets over the past several years have seen consistently high occupancy rates and superior rental rate growth. While sentiment in the June 2020 Survey dropped precipitously, it immediately rebounded and has…more

Capital Markets, Commercial Real Estate Contracts, Commercial Real Estate Market, Coronavirus/COVID-19, Industrial Space

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Charles Jarrell

California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More

The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions, among…more

Coronavirus/COVID-19, Emergency Rule, Eviction, Judicial Foreclosure Process, Judicial Proceedings

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Kamran Javandel

EPA Takes Sweeping Actions to Regulate PFAS, California Makes Targeted Moves - 2024 Land Use, Environmental & Natural Resources Update

As Americans are becoming increasingly aware, per- and polyfluoroalkyl substances (PFAS) are a class of thousands of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have unique…more

California, CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Jennifer Jeffers

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the…more

Appellate Courts, California, CEQA, Condominiums, Critical Habitat

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Spencer Kallick

California’s Multi-Family Market Remains Bullish Despite Economic Uncertainties

Developers and investors continue to build up California’s multi-family housing market despite economic and supply chain challenges. Marc Renard, Executive Vice Chairman and Executive Managing Director of Cushman and Wakefield’s…more

Affordable Housing, California, CEQA, Multi-Family Development, Supply Chain

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Jared Kassan

Attention Property Owners: Los Angeles and Santa Monica Approve ‘Mansion Tax’ Ballot Measures, Increasing Transfer Taxes on Sales Valued at $5 Million or More

Residents of Los Angeles have approved Measure ULA, a ballot measure widely known as the “Mansion Tax,” which increases transfer tax rates on real estate sales valued at $5 million or more. Prior to Measure ULA, real estate…more

Ballot Measures, California, City of Los Angeles, High Net-Worth, Real Estate Transactions

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Jordan Klein

FinCEN’s Beneficial Ownership Information Reporting Requirements Are Now In Effect

Beginning on January 1, 2024, a new law, the Corporate Transparency Act (CTA), requires certain business entities for the first time to disclose beneficial ownership information (BOI) to the U.S. Department of Treasury’s…more

Beneficial Owner, Business Ownership, CEOs, CFOs, Corporate Transparency Act

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Rachel Kramer

PropTech Update 10.16.23

“Build affordable housing.” Easier said than done. Build it where? Which surplus city properties would be good candidates for this kind of project? What types of policies do a better job of fostering housing development?…more

Affordable Housing, Antitrust Violations, Artificial Intelligence, Brokers, Commercial Real Estate Market

See all updates »

Baldwin Lee

The New PAGA: Proactively Navigating Next Steps to Reduce the Risk of Wage and Hour Lawsuits

On June 27, 2024, California Governor Gavin Newsom signed Assembly Bill 2288, thereby reforming PAGA and amending Labor Code Section 2699. Passed in 2004, PAGA authorizes aggrieved employees to file lawsuits to recover civil…more

California, Employment Litigation, Labor & Workforce Development Agency (LWDA), Labor Code, Labor Law Violations

See all updates »

Jennie Lee

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

See all updates »

Scott Leipzig

Allen Matkins Partners Scott Leipzig and Tim Hsu Prevail in Arbitration Concerning a Buyer’s Right to Terminate a Purchase Agreement and Recover its Deposit Following COVID-19 Disruptions

Last week, an arbitrator ruled that the purchaser of a commercial real estate property could terminate its purchase agreement and recover its non-refundable deposit, even though it had previously waived all contingencies, based…more

Arbitration, Arbitration Agreements, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19

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Crystal Lofing

Q4 2021 Western Region Investment Sales Markets Predictions and Updates

Allen Matkins recently held the 14th Annual View from the Top alongside several industry experts. One of the discussions, moderated by Allen Matkins partner Crystal Lofing, covered predictions and updates in the Western region…more

Commercial Real Estate Market, Coronavirus/COVID-19, Foreign Investment, Real Estate Development, Real Estate Investments

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Jonathan Lorenzen

Current Recession Creates More Challenges for Retail

During the previous economic expansion, retail faced an uphill battle. The current recession tripled down on that struggle. The current pessimistic view among panelists in the latest Allen Matkins/UCLA Anderson Forecast…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19, Housing Developers

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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, Americans with Disabilities Act (ADA), Commercial Leases, Landlords, Notice Requirements

See all updates »

Matthew Marino

Top Ten Ways That the New CPRA Law Will Change the Privacy Landscape

On Election Day, California voters approved Proposition 24, which enacts the California Privacy Rights Act of 2020 (CPRA). The CPRA amends and expands California’s landmark consumer privacy legislation, the California Consumer…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Nicole Martin

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources Update

Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…more

ASTM, CERCLA, Commercial Property Owners, Contaminated Properties, Due Diligence

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Owen McCarron

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings…more

California, Climate Change, Crops, Department of Environmental Quality, Drinking Water

See all updates »

Bronte Mehdian

The New PAGA: Proactively Navigating Next Steps to Reduce the Risk of Wage and Hour Lawsuits

On June 27, 2024, California Governor Gavin Newsom signed Assembly Bill 2288, thereby reforming PAGA and amending Labor Code Section 2699. Passed in 2004, PAGA authorizes aggrieved employees to file lawsuits to recover civil…more

California, Employment Litigation, Labor & Workforce Development Agency (LWDA), Labor Code, Labor Law Violations

See all updates »

Mark Mengelberg

Top 6 Takeaways from the Allen Matkins/ULI Capital Markets Roundtable

Allen Matkins and Urban Land Institute (ULI) recently held a Capital Markets Roundtable discussion, in two parts, that featured several industry leaders. They shared insights regarding the effect that COVID-19 has had on…more

Capital Markets, Commercial Real Estate Market, Coronavirus/COVID-19, Economic Downturn, Financial Institutions

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Emily Murray

U.S. Supreme Court Will Clarify the Constitutionality of Legislatively-Authorized Land Use Exaction Fees

The United States Supreme Court granted certiorari on September 29, 2023 in Sheetz v. County of El Dorado, a case that challenges the County of El Dorado’s requirement that a property owner pay a Traffic Impact Mitigation Fee…more

Fifth Amendment, Housing Developers, Impact Fees, Land Developers, Land Owners

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Paul Nash

PropTech Update 10.16.23

“Build affordable housing.” Easier said than done. Build it where? Which surplus city properties would be good candidates for this kind of project? What types of policies do a better job of fostering housing development?…more

Affordable Housing, Antitrust Violations, Artificial Intelligence, Brokers, Commercial Real Estate Market

See all updates »

Anton Natsis

Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”). SVB was closed this morning by the California Department of Financial…more

FDIC, Financial Institutions, FIRREA, Landlords, Letter of Credit

See all updates »

Alexander Nestor

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

See all updates »

Sandi Nichols

California Environmental Law & Policy Update 9.13.24

Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern…more

California, Class Action, Discharge of Pollutants, Energy Policy, Environmental Policies

See all updates »

Brad Nielsen

Industrial Demand Drops Less Than Other Sectors Due to Increased Online Shopping

Though there has been consistently high occupancy and superior rate growth in the industrial market over the past several years, the deep economic recession has caused sentiment expressed in our latest Allen Matkins/UCLA…more

Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19, E-Commerce, Economic Downturn

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Paul Obico

Proposition 13 Overhaul Qualifies for November Ballot

California Secretary of State Alex Padilla announced on Friday, May 29, 2020, that the revised initiative entitled "The California Schools and Local Communities Act of 2020" officially qualified for the November ballot. If…more

Ballot Measures, Fair Market Value, Property Owners, Property Tax, Proposition 13

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David Osias

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings…more

California, Climate Change, Crops, Department of Environmental Quality, Drinking Water

See all updates »

Dana Palmer

Renewable Energy Update 8.29.24

California will solicit up to 2 GW of long-duration energy storage resources as part of a 10.6 GW centralized procurement for emerging clean energy technologies to be deployed between 2031 and 2037, the California Public…more

Bureau of Land Management, Clean Energy, Construction Project, Data Centers, Electricity

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Caroline Parks

Superior Court Ruling: Charter Cities Not Subject to SB 9

On April 24, 2024, a Los Angeles County Superior Court ruled that Senate Bill (SB) 9 does not apply to charter cities because it violates the authority granted to charter cities by the California Constitution to manage their own…more

Affordable Housing, California, City of Los Angeles, Land Parcels, Local Ordinance

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Benjamin Patterson

State and Regional Efforts To Address Environmental Impacts Of Warehouses and Distribution Uses - 2024 Land Use, Environmental & Natural Resources Update

Efforts to regulate warehouses and distribution uses are not isolated to the local development moratoria and zoning code updates. At the state and regional level, the State Attorney General’s Office and regulatory agencies, such…more

Air Quality Standards, California, CARB, CEQA, Distributors

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Tara Paul

Renewable Energy Update 8.29.24

California will solicit up to 2 GW of long-duration energy storage resources as part of a 10.6 GW centralized procurement for emerging clean energy technologies to be deployed between 2031 and 2037, the California Public…more

Bureau of Land Management, Clean Energy, Construction Project, Data Centers, Electricity

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E. Bo Peterson

EV Charging Is Here to Stay - 2024 Land Use, Environmental & Natural Resources Update

Energy efficiency regulations may not be changing quite as fast as housing laws, but California has made notable changes over the last several years aimed at reaching its ever more ambitious carbon emissions reduction goals,…more

CEQA, Charging Stations, Electric Vehicles, Energy Projects, Greenhouse Gas Emissions

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Alain R'bibo

Industrial Space Markets Continue to be the Outstanding Performers in California

For the last three years, California’s industrial market has been a bright spot, with consistently high occupancy rates and superior lease rate growth. According to the Winter 2022 Allen Matkins/UCLA Anderson Forecast California…more

Artificial Intelligence, Commercial Real Estate Market, Industrial Space, Real Estate Development, Real Estate Investments

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Zachary Rego

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime. According…more

Affordable Housing, California, CEQA, Climate Change, Housing Market

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Heather Riley

Strong Fundamentals Lead to Bullish Sentiment About Multi-Family Market

The multi-family panels participating in the Winter 2022 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey predict interest rates will increase faster than inflation and anticipate drops in vacancy…more

CEQA, Commercial Property Owners, Commercial Real Estate Market, Housing Market, Multi-Family Development

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Annette Rittmuller

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

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Stephanie Roberts

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

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Rachel Sanders

ADA Website Litigation Likely to Increase

There has been considerable confusion amongst business owners as to the requirements of the Americans with Disabilities Act (ADA) as it relates to websites. The ADA requires, among other things, that places of "public…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Public Accommodation, Web Content Accessibility Guidelines (WCAG), Website Accessibility

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Ariel Shaeps

Development and Construction Trends in California’s Multifamily Housing Market

Ari Shaeps, a partner in the Century City office of Allen Matkins, recently moderated a panel at the California Multifamily Forum to discuss current trends in California’s commercial real estate and multifamily development…more

Commercial Real Estate Market, Housing Developers, Housing Market, Multi-Family Development, Property Owners

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Jonathan Shardlow

Multi-Year Optimism Continues for Growing Industrial Market

Let's face it, industrial and commercial space is expensive to own or rent. There simply isn't enough square footage to meet the needs of the people, companies, and industries that need direct access to offices and warehouses in…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Real Estate Investments

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Eric Shelby

Landlord Primer Regarding Practical Recommendations for Reopening Office Buildings

The Shelter-in-Place orders issued by various state and local jurisdictions are being modified to allow businesses, other than just “Essential Businesses,” to open and operate. Although commercial office buildings have been…more

Commercial Property Owners, Coronavirus/COVID-19, Landlords, Office Closures, Popular

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Shannon Snell

Tactics to Avoid Unanticipated Post-Closing Leasing Costs

Potential buyers and lenders evaluate existing leases of stabilized properties and anticipated lease income of value-add projects in determining which assets to acquire or finance. Rental income, whether existing or potential,…more

Commercial Leases, Construction Contracts, Contract Negotiations, Contract Terms, Landlords

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Elizabeth Thompson

FinCEN’s Beneficial Ownership Information Reporting Requirements Are Now In Effect

Beginning on January 1, 2024, a new law, the Corporate Transparency Act (CTA), requires certain business entities for the first time to disclose beneficial ownership information (BOI) to the U.S. Department of Treasury’s…more

Beneficial Owner, Business Ownership, CEOs, CFOs, Corporate Transparency Act

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John Tipton

What California CRE Market Sectors Should Anticipate in 2023 and Beyond

The Winter 2023 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey revealed some interesting trends in California CRE markets. Most notably, some of the optimism expressed in recent surveys has…more

California, CEQA, Housing Developers, Industrial Space, Multi-Family Development

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Martin Togni

Life Sciences Real Estate Update 10.16.23

Boston, the San Francisco Bay Area, and San Diego are once again the top markets for life sciences commercial real estate in the U.S., with plenty of opportunities for growth as biotech readies for a comeback, according to a new…more

Biotechnology, Commercial Real Estate Market, Construction Project, Emerging Growth Companies, Initial Public Offering (IPO)

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Nathaniel Touboul

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be Identified as All-Gender

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and…more

Building Codes, Gender Identity, Health and Safety, Restroom Legislation

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Christina Vier

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

2024 brings crucial updates for California employers navigating the intricacies of workplace policies. In this alert, the Allen Matkins Labor & Employment Practice share key updates employers should make note of including:…more

California, Coronavirus/COVID-19, Employment Contract, FEHA, Marijuana

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Daniel Warren

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming Commercial,…more

Best Management Practices, California, Clean Water Act, Construction Contracts, Construction Industry

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Elizabeth Wilgenburg

5 Trends in Office Space Utilization

At the Allen Matkins 14th Annual View From the Top real estate summit, one of the panels discussed landlord and tenant space utilization trends and issues in the wake of the COVID-19 pandemic. The conversation, moderated by…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Coronavirus/COVID-19

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Rebecca Williams

California’s Density Bonus Law Prevails with Recent Win in San Diego

Government Code section 65915, commonly referred to as the “Density Bonus Law,” (DBL) was first enacted in 1979 with the aim to address a housing shortage in California. Among other benefits, the DBL provides that developers who…more

Affordable Housing, Density Bonus, Housing Developers, Real Estate Development, Urban Planning & Development

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Jordan Wright

Chevron Deference No Longer – Supreme Court Overturns Cornerstone of Administrative Law

On June 28, 2024, the United States Supreme Court upended decades of precedent by overturning the Chevron doctrine in the combined cases of Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce (Case…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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