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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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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Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of…more

Audits, Books & Records, Insurers

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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 Extends Comment Period on New Rule regarding "Waters of the United States"

As previously reported, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have jointly proposed a regulation re-defining the term “waters of the United States.” If adopted, the regulation would…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Water

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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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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 - March 2015 #3

Environmental and Policy Focus - Governor Brown, top lawmakers unveil emergency drought legislation: Los Angeles Times - Mar 19: Governor Jerry Brown and top lawmakers from both parties announced Thursday a $1 billion…more

CA Supreme Court, Drought, Emergency Response, Jerry Brown, Monsanto

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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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State Water Board Launches Investigation Into Claims of Senior Water Rights

Action Required - Parties identified on Attachment A of the State Water Board's Order must provide the requested information no later than March 6, 2015, or face potential enforcement actions…more

Riparian Rights, Water Rights

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Renewable Energy Update - March 2015 #2

Renewable Energy Focus: California renewable energy zone plan gets revamp after criticism - Reuters - Mar 13: An ambitious plan to put California's renewable energy projects in areas where the environment will face the…more

Grid Energy Storage, Renewable Energy, Solar Energy, Sonoma Clean Power

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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 -- November 2014 #2

Renewable Energy Focus: U.S. solar consolidation seen before tax credit expires: Huffington Post - Nov 21: The controversial government program that funded failed solar company Solyndra, and became a lighting rod in the…more

DOE, Energy Projects, Renewable Energy, Solar Energy, Solar Farm

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

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

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

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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 delays AB 1103 Energy Benchmarking and Disclosure Requirements for 2 years for buildings between 5,000 and 10,000 square feet

The California Energy Commission ("CEC") issued an Emergency Rulemaking Action to delay the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103") relating to buildings between 5,000…more

Benchmarking, Disclosure Requirements, Energy, Energy Policy, Utilities Sector

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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 »

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 »

Is there a Serious Threat to a Secured Creditor's Right to Credit Bid at Bankruptcy Sales, or Is the Impact of Recent Cases Narrower?

The right to credit bid is one of the most important protections afforded a secured creditor. Recognized under both state and bankruptcy law, the right to credit bid safeguards against undervaluation at an asset sale, whether at…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Credit Bids, Sale of Assets

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California Acts to Manage Statewide Groundwater Issues

Faced with record drought and depleted groundwater supplies statewide, the California Legislature has enacted, and Governor Brown on September 16 signed, new legislation designed to move statewide groundwater management forward…more

Drought, Environmental Policies, Groundwater, State of Emergency, Water

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California Continues Crackdown on 1031 Exchanges

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

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

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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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State Water Board Significantly Expands Scope of Authority to Investigate Water Rights

As widely anticipated, on March 17, 2015, the State Water Resources Control Board approved a resolution to impose state-wide mandatory water conservation measures, including restricting the number of days that irrigation of…more

Administrative Authority, Emergency Response, New Regulations, Water Conservation, Water Resources Control Board

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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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The California Supreme Court Further Limits the Scope of CEQA Review for Voter-Sponsored Initiatives in Tuolumne Jobs & Small Business Alliance v. Superior Court

Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to a…more

CEQA, Environmental Impact Report, Environmental Policies, Environmental Review, Small Business

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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

See All Updates »

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

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

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

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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

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 »

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 »

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 Environmental Law & Policy Update - March 2015 #3

Environmental and Policy Focus - Governor Brown, top lawmakers unveil emergency drought legislation: Los Angeles Times - Mar 19: Governor Jerry Brown and top lawmakers from both parties announced Thursday a $1 billion…more

CA Supreme Court, Drought, Emergency Response, Jerry Brown, Monsanto

See All Updates »

The “Twitterverse” Reacts After Employer Revokes Job Offer to Teen Over Tweet

Last month, a Texas employer fired a new hire over Twitter before the new hire showed up for her first day of work, causing a frenzy of social media activity and some negative publicity for the employer. The day before starting…more

Hiring & Firing, Reputation Management, Social Networks, Twitter

See All Updates »

California Environmental Law & Policy Update - March 2015 #3

Environmental and Policy Focus - Governor Brown, top lawmakers unveil emergency drought legislation: Los Angeles Times - Mar 19: Governor Jerry Brown and top lawmakers from both parties announced Thursday a $1 billion…more

CA Supreme Court, Drought, Emergency Response, Jerry Brown, Monsanto

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 - March 2015 #2

Renewable Energy Focus: California renewable energy zone plan gets revamp after criticism - Reuters - Mar 13: An ambitious plan to put California's renewable energy projects in areas where the environment will face the…more

Grid Energy Storage, Renewable Energy, Solar Energy, Sonoma Clean Power

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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 delays AB 1103 Energy Benchmarking and Disclosure Requirements for 2 years for buildings between 5,000 and 10,000 square feet

The California Energy Commission ("CEC") issued an Emergency Rulemaking Action to delay the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103") relating to buildings between 5,000…more

Benchmarking, Disclosure Requirements, Energy, Energy Policy, Utilities Sector

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 »

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

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

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 »

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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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 »

The “Twitterverse” Reacts After Employer Revokes Job Offer to Teen Over Tweet

Last month, a Texas employer fired a new hire over Twitter before the new hire showed up for her first day of work, causing a frenzy of social media activity and some negative publicity for the employer. The day before starting…more

Hiring & Firing, Reputation Management, Social Networks, Twitter

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 »

Contact

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