Best Best & Krieger LLP

Cadillac Tax: A Levy in Limbo

The future of the Cadillac tax, a key cost-control mechanism and federal revenue source enacted as part of the Patient Protection and Affordable Care Act (ACA), is unclear. Though initially set to take effect in 2018,…more
| Health, Insurance, Labor & Employment Law, Taxation

The Basics: Municipal Election Laws

Nationwide, states are seeing an uptick in voter participation. California’s election officials are now preparing for a turnout surge as the state’s June 7 presidential primary nears. Over the last three months, more than…more
| Elections & Politics

Municipalities May Not Grant Preferential Parking to Residents Based on Dwelling Type

California Attorney General Addresses Local Preferential Parking Regulations - Local authorities may not institute preferential parking regulations that discriminate among residents based on the residents’ dwelling type,…more
| Elections & Politics, Real Estate - Residential, Transportation, Zoning, Planning & Land Use

Water Rights with Eric Garner: Beneficial and Reasonable Use [Video]

In this fifth installment of Best Best & Krieger Managing Partner Eric Garner’s series on water rights, Eric explains what both reasonable and beneficial use are in relation to water rights. He discusses why these two…more
| Environmental Law

Best in Law: Get Out in Front on Possible Environmental Violations

It’s no secret that businesses must run a gauntlet of federal, state and local environmental regulations in order to successfully operate in California. But the hardest test may be when a business suspects that it may be in…more
| Civil Procedure, Environmental Law

The Race to Regulate Autonomous Vehicles is On

While the potential benefits of automated vehicles are receiving well-deserved attention, there is significant uncertainty as to what the regulatory framework will look like for this exciting technology — particularly from an…more
| Consumer Protection, Elections & Politics, Science, Computers, & Technology, Transportation

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded. Unmanned…more
| Criminal Law, Privacy, Science, Computers, & Technology, Transportation

Body-Worn Cameras, the Prosecutor, and the Question of Public Access

BB&K attorney Gary Schons examines police body cameras from a variety of angles for the California District Attorneys Association’s Prosecutor’s Brief. The use of body-worn cameras by law enforcement officials and what…more
| Communications & Media Law, Criminal Law, Science, Computers, & Technology

Counties and Special Districts Prohibited from Enacting Substantially Similar Ordinance Subsequent to a Referendum Petition

California Appellate Court Addresses Prohibition in Medical Marijuana Dispensary Ordinance Referendum Opinion - In County of Kern v. T.C.E.F., Inc., et al., a California Court of Appeal determined that, upon receipt of a…more
| Civil Procedure, Elections & Politics, Health

New California Law Raises Minimum Wage to $15 an Hour by 2022, Has Ripple Effects on Salaried Employees

Minimum wage increases will be incremental, starting in 2017 for larger employers, 2018 for smaller employers - This week, Governor Brown signed Senate Bill 3 into law. SB 3 will raise the State’s minimum wage for hourly…more
| Elections & Politics, Labor & Employment Law

FCC Proposed Rule Will Change Business Data Services (Also Known as Special Access) Marketplace

Public and Private Agencies' Rates Could Be Impacted - The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and public…more
| Commercial Law & Contracts, Communications & Media Law, Education, Health, Science, Computers, & Technology

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total population, however, may not be the only standard upon which voting areas can be based - This week, the U.S. Supreme Court issued an important decision in Evenwel v. Abbott clarifying that state and local…more
| Civil Procedure, Constitutional Law, Elections & Politics

MMBA Factfinding Applies to All Negotiations Resulting in Impasse

Not Just Negotiations for a Comprehensive MOU - The factfinding procedures required by the Meyers Milias Brown Act apply to all negotiations which reach impasse, not just those arising from negotiations for a comprehensive…more
| Administrative Law, Civil Procedure, Education, Labor & Employment Law

What the Internet of Things Means for Local Governments

Increasingly, computing power is everywhere. The personal computer that once resided on the desktop migrated to the hip pocket and the wrist watch, and now to eyewear and clothing. Welcome the “Internet of Things,” or IoT…more
| Energy & Utilities, Science, Computers, & Technology

Unions May Enter Public Sector Agency Shop Arrangements

A U.S. Supreme Court Tie Means Victory for Unions - An equally divided United States Supreme Court means that public sector unions in California can still require employees to pay union fees, even if the employee is not a…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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