Allen Matkins Leck Gamble Mallory & Natsis LLP

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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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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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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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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California Crowdfunding Bill In Suspense

Yesterday, Broc Romanek published several posts regarding crowdfunding.  Meanwhile here in California, crowd funding has stalled in the legislature.  AB 722 (Perea) passed unanimously out the Assembly Committee on Judiciary…more

Crowdfunding, Pending Legislation

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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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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 - July 2015 #4

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against…more

Arctic Drilling, BSEE, Clean Energy, Desalination, Drought

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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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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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Renewable Energy Update - July 2015 #3

Renewable Energy Focus - Senate committee backs PTC extension: ReNews - Jul 22: A U.S. Senate committee has voted to extend more than 50 tax policies, including production and investment tax credits that incentivize wind…more

FERC, Geothermal Energy, Investment Tax Credits, ISO, Photovoltaic

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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

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Renewable Energy Update - July 2015 #3

Renewable Energy Focus - Senate committee backs PTC extension: ReNews - Jul 22: A U.S. Senate committee has voted to extend more than 50 tax policies, including production and investment tax credits that incentivize wind…more

FERC, Geothermal Energy, Investment Tax Credits, ISO, Photovoltaic

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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 »

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

See All Updates »

California Energy Commission Considering Changes to Ongoing AB 1103 Energy Benchmarking and Disclosure Requirements

The California Energy Commission ("CEC"), which is charged with overseeing the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103"), is considering changes to the ongoing program. If…more

California Energy Commission, Energy Commissions, Green Buildings

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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

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Update: California Enacts Urgent Clarifications to California Paid Sick Leave Law

While employers throughout the state have struggled with the new requirements set out by the Paid Sick Leave Law that took effect July 1, 2015, new amendments to the law attempt to provide some clarification. On July 13,…more

Amended Legislation, Employee Handbooks, Employee Rights, Employer Liability Issues, Governor Brown

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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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Progressively Tiered Water Rates to Promote Conservation May Violate Proposition 218

California's local water suppliers, hit with reduction requirements varying from 8% to 36% and potential penalties of up to $10,000 per day for noncompliance, are scrambling to figure out how to comply with these severe…more

Emergency Response, Executive Orders, Jerry Brown, Proposition 218, Water Conservation

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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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California Environmental Law & Policy Update - July 2015 #4

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against…more

Arctic Drilling, BSEE, Clean Energy, Desalination, Drought

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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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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

See All Updates »

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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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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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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Immediate Action Required: Employers With Outdoor Workers Need to Update Their Heat Injury Illness Programs

This week, the California Occupational Safety and Health Standards Board confirmed that new major changes to the state's heat illness prevention regulations will take effect on May 1, 2015. In response to the new regulations,…more

Best Management Practices, Employer Liability Issues, OSHA, Workplace Hazards, Workplace Safety

See All Updates »

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

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 »

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, Private Property Rights, Retailers

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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, Private Property Rights, Retailers

See All Updates »

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

See All Updates »

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

See All Updates »

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 - July 2015 #3

Renewable Energy Focus - Senate committee backs PTC extension: ReNews - Jul 22: A U.S. Senate committee has voted to extend more than 50 tax policies, including production and investment tax credits that incentivize wind…more

FERC, Geothermal Energy, Investment Tax Credits, ISO, Photovoltaic

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Surprise! NLRB Approves Employer’s Challenged Social Media Policy

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The employer,…more

ALJ, Employee Handbooks, Employer Liability Issues, Employment Policies, Landry's

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California Environmental Law & Policy Update - July 2015 #4

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against…more

Arctic Drilling, BSEE, Clean Energy, Desalination, Drought

See All Updates »

California Supreme Court Upholds Design Professionals' Duty to Future Residential Purchasers

Design professionals, such as architects and engineers, often seek to avoid liability to third party property purchasers for their negligence by arguing that their role in preparing plans was too remote for a duty to be imposed…more

Architects, Contractors, Duty of Care, Popular, Professional Liability

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Renewable Energy Update - July 2015 #3

Renewable Energy Focus - Senate committee backs PTC extension: ReNews - Jul 22: A U.S. Senate committee has voted to extend more than 50 tax policies, including production and investment tax credits that incentivize wind…more

FERC, Geothermal Energy, Investment Tax Credits, ISO, Photovoltaic

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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 Energy Commission Considering Changes to Ongoing AB 1103 Energy Benchmarking and Disclosure Requirements

The California Energy Commission ("CEC"), which is charged with overseeing the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103"), is considering changes to the ongoing program. If…more

California Energy Commission, Energy Commissions, Green Buildings

See All Updates »

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

See All Updates »

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

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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Immediate Action Required: Employers With Outdoor Workers Need to Update Their Heat Injury Illness Programs

This week, the California Occupational Safety and Health Standards Board confirmed that new major changes to the state's heat illness prevention regulations will take effect on May 1, 2015. In response to the new regulations,…more

Best Management Practices, Employer Liability Issues, OSHA, Workplace Hazards, Workplace Safety

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 »

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical…more

CA Supreme Court, CEQA, Environmental Impact Report, Real Estate Development, Substantial Evidence Standard

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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

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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Update: California Enacts Urgent Clarifications to California Paid Sick Leave Law

While employers throughout the state have struggled with the new requirements set out by the Paid Sick Leave Law that took effect July 1, 2015, new amendments to the law attempt to provide some clarification. On July 13,…more

Amended Legislation, Employee Handbooks, Employee Rights, Employer Liability Issues, Governor Brown

See All Updates »

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

See All Updates »

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

See All Updates »

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