Buchalter

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1000 Wilshire Boulevard
Suite 1500
Los Angeles, California 90017-1730, United States
Phone: (213) 891-0700
Fax: (213) 896-0400
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Oregon
  • Washington
Number of Attorneys
400+ Attorneys

A Recent Ruling About the “Willful and Malicious” Standard for Plaintiff’s Recovering Attorneys’ Fees Under the California Uniform Trade Secrets Act

The California Uniform Trade Secrets Act (“CUTSA”) allows courts to award reasonable attorneys’ fees and costs to the prevailing plaintiff in a claim for trade secret misappropriation when a “willful and malicious…more

Attorney's Fees, Enhanced Damages, Facebook, Lost Profits, Misappropriation

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Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

See all updates »

NIL: Never-ending Intercollegiate Litigation

Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon…more

College Athletes, Litigation Strategies, Name and Likeness, NCAA, Regulatory Agenda

See all updates »

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Mandatory Arbitration Clauses, Mobile Apps

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Toxic-Free Cosmetic Act Enacted in Washington State

Governor Jay Inslee signed HB 1047, Washington State’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023. The Act bans some of the most concerning chemicals added into cosmetic and personal care products, including…more

Cosmetics, New Legislation, Personal Care Products, PFAS, Public Health

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Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Mayor Garcetti, Sick Leave

See all updates »

2024 Colorado Employment Law Updates

With a new year comes new employment laws, and Colorado is no exception. The following is a brief, non-exhaustive list of key law changes employers should be aware of for the 2024 year: Colorado’s FAMLI program will begin…more

Colorado, Equal Pay, Paid Sick Leave, Pay Transparency, State Labor Laws

See all updates »

Cal/OSHA COVID-19 Safety Rules to be Revised

The Cal/OSHA Standards Board is scheduled to meet on May 20, 2021 to review proposed revisions to the Emergency Temporary Standards (“ETS”) on COVID-19 Safety in the workplace that were originally adopted in November, 2020. The…more

Amended Rules, Cal-OSHA, Coronavirus/COVID-19, Deadlines, Emergency Rule

See all updates »

House Hands SELF DRIVE Act to Senate

On September 6, 2017, the House unanimously passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act (the SELF DRIVE Act), bringing the nation one step closer to an autonomous vehicle reality. If…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, NHTSA

See all updates »

An Opportunity for Creditors to Enforce Prospective Waivers of the Automatic Stay

A recent ruling of the Bankruptcy Court for the Central District of California endorsed a path toward enforceability of prospective waivers of the automatic stay in certain circumstances. In short, such a waiver approved in a…more

Automatic Stay, Bankruptcy Code, Borrowers, Commercial Bankruptcy, Consumer Bankruptcy

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Buchalter COVID-19 Client Alert: San Francisco Provides New Evidentiary Presumption in Continued Push to Provide Rent Relief to Limited Commercial Tenants

Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020, the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of “Covered…more

501(c)(3), California, Coronavirus/COVID-19, Eviction, Financial Distress

See all updates »

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an…more

Compensation, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employer Responsibilities

See all updates »

Trade Secrets: Intersection of state and federal law

In May 2016, the US Congress enacted the Defend Trade Secrets Act (“DTSA”), which created a federal private right of action for trade secret misappropriation “if the trade secret is related to a product or service use in, or…more

Defend Trade Secrets Act (DTSA), Federal v State Law Application, Intellectual Property Protection, Misappropriation, Trade Secrets

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Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules

The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”) and could not…more

Chapter 11, Creditors, First-Lien, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

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Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law - UPDATED

On Friday, March 27, 2020, the CARES ACT was signed into law. The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights. For patents and trademarks, the Act permits the Under Secretary of…more

CARES Act, Coronavirus/COVID-19, Intellectual Property Protection, Relief Measures, USPTO

See all updates »

NIL: Never-ending Intercollegiate Litigation

Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon…more

College Athletes, Litigation Strategies, Name and Likeness, NCAA, Regulatory Agenda

See all updates »

Reminder: Starting Nov. 1, All Employers Must Use the Revised Form I-9

Starting November 1, 2023, all employers must use the revised Form I-9, Employment Eligibility Verification, with the edition date 08/01/23, when completing the employment eligibility verification process..…more

Employees, Employer Liability Issues, Employment Authorization Documents (EAD), Employment Eligibility Verification, Filing Deadlines

See all updates »

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

Maintain immunity under the Communications Decency Act [MCLE]

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal…more

Communications Decency Act, Defamation, Immunity, Internet, Online Reputation

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Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

California Regulatory Happenings - March 2020

This ruling formally initiates the “procurement track” as outlined in Decision (D.) 19 04-040. The ruling generally describes the scope and content of the procurement track, and seeks comments from parties on its framing and…more

Administrative Law Judge (ALJ), Administrative Proceedings, Electricity, Energy Sector, Natural Gas

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NIL: Never-ending Intercollegiate Litigation

Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon…more

College Athletes, Litigation Strategies, Name and Likeness, NCAA, Regulatory Agenda

See all updates »

Buchalter TCPA Digest: The FCC Reassigned Number Database Is About to Go Live. Are You Ready?

Calls to reassigned numbers have presented an endless source of legal risk for any company that calls or texts consumers for informational or marketing purposes. Reassigned number class actions brought under the Telephone…more

Databases, FCC, Reassigned Phone Numbers, Safe Harbors, TCPA

See all updates »

PPP Lender Liability, Enforcement, & Fintech Challenges

The Paycheck Protection Program (“PPP”) emerged as a lifeline for small businesses grappling with the unprecedented challenges of the COVID-19 pandemic. Lenders navigated a landscape of regulations that Congress quickly drafted…more

Anti-Money Laundering, Bank Secrecy Act, Borrowers, CARES Act, Coronavirus/COVID-19

See all updates »

Buchalter COVID-19 Client Alert: Excusable Non-Use of U.S. Trademarks in the Time of COVID

U.S. Trademark laws are based on the premise that rights in a trademark exist so long as the mark is continuously used in interstate commerce. Once you cease use of the mark without an intention of resuming such use, the mark…more

Abandonment, Coronavirus/COVID-19, Declaration of Use, Non-Use of Trademarks, Third-Party

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Cyber Security/Data Breach: President Calls for New AntiHacking Legislation

With recent high profile cyber-attacks against Sony and other companies, data hacking has quickly risen to forefront of issues on the President’s agenda. That’s why, as widely anticipated, the President took the opportunity…more

Cyber Attacks, Cybersecurity, Hackers, Obama Administration, Proposed Legislation

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EPCRS Provides More Retirement Plan Self-Correction Opportunities  

On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System (“EPCRS”). EPCRS is a program for correcting…more

401k, Beneficiaries, Benefit Plan Sponsors, Employee Benefits, EPCRS

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Good News for Creditors in Individual Bankruptcy Cases

For the past several years, creditors in the Ninth Circuit were confounded by an interpretation of the bankruptcy code that permitted individual chapter 11 debtors to retain a significant portion of their assets without creditor…more

Absolute Priority Rule, Bankruptcy Code, BAPCPA, Chapter 11, Cramdown

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Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

See all updates »

Buchalter Client Alert COVID-19: Did you receive a deposit from HHS? Before you spend it, read this.

In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of…more

Bank Deposits, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

See all updates »

Ninth Circuit Changes Course and Asks the California Supreme Court to Decide Whether the Dynamex Decision is Retroactive

On April 30, 2018, the California Supreme Court issued its landmark Dynamex decision, applying a new “ABC” test to determine whether workers are classified improperly as independent contractors for claims brought under the…more

ABC Test, Appeals, CA Supreme Court, Employer Liability Issues, Independent Contractors

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Buchalter COVID-19 Client Alert: Arizona Charter Schools Planned Re-Opening

On July 23, 2020, Arizona Governor Doug Ducey, Superintendent of Public Instruction Kathy Hoffman and Arizona Department of Health Services Director, Dr. Cara Christ held a news conference to discuss certain executive orders of…more

Charter Schools, Department of Education, Governor Ducey, Re-Opening Guidelines

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2020 Check List: Update Noncompete Agreements to Comply with New Restrictions in Washington and Revisit IP and Arbitration Provisions in Employment and Independent Contractor Agreements

Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning less…more

Best Practices, Employer Liability Issues, Employment Contract, Independent Contractors, New Legislation

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NLRB Dismisses Charges Against Starbucks in La Quinta, California Alleging Interference with Employee Collective Bargaining Rights

A Starbucks store in La Quinta, California was recently successful in defending itself against allegations that the store engaged in unlawful union-busting tactics. In a decision issued December 6, 2022, the National Labor…more

California, Collective Bargaining, Dismissals, NLRA, NLRB

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Buchalter Covid-19 Client Alert: Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term

On June 8, the Federal Reserve announced a number of changes to the Main Street Lending Program (“MSLP”), involving all three facilities, the Main Street New Loan Facility (“MSNLF”), the Main Street Priority Loan Facility…more

EBITDA, Federal Reserve, Loans, Main Street Expanded Loan Facility, Main Street Lending Programs

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Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

See all updates »

Recent Court Decision Highlights the Risk of Corporate Privilege Waiver when Cooperating with Government Investigation

On May 4, 2022, New Jersey federal district judge Kevin McNulty unsealed a decision ordering Cognizant Technology Solutions Corp. to produce two of its former executives unredacted versions of memoranda and notes from its…more

Corporate Counsel, Corporate Privilege, Criminal Investigations, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA)

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Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

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Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in…more

Intellectual Property Protection, KIPO, Korea, Trademark Ownership, Trademark Registration

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Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an…more

Compensation, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employer Responsibilities

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

2023 Filing Requirements and Contribution Limits for California “Major Donors”

Individuals and business entities–such as corporations, partnerships and LLCs–that do not receive political contributions (i.e., do not have a PAC), but only make such contributions to California state and local: (1)…more

Aggregation Rules, Campaign Contributions, Contribution Limits, Filing Requirements, PACs

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Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, Department of Labor (DOL), Domestic Violence, Due Diligence

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Caution to Lenders – New Pitfalls to Imposing Default Interest and Late Fees on Defaulted Loans

On September 29, 2022, the California Court of Appeal First Appellate District, in Honchariw v. FJM Private Mortgage Fund, LLC, held a private lender’s imposition of late charges and default interest constituted an unlawful…more

Appeals, CA Supreme Court, California, Civil Code, Default

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Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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California Supreme Court Weighs in on U.S. Supreme Court’s Landmark Decision in Viking Cruise Lines Regarding PAGA Lawsuits

The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision - In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber…more

Arbitration, CA Supreme Court, Private Attorneys General Act (PAGA), SCOTUS, Viking River Cruises Inc v Moriana

See all updates »

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

See all updates »

House Hands SELF DRIVE Act to Senate

On September 6, 2017, the House unanimously passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act (the SELF DRIVE Act), bringing the nation one step closer to an autonomous vehicle reality. If…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, NHTSA

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

Consumer Financial Protection Bureau (CFPB), HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

What Does the EU-US Data Privacy Framework Mean for Your Business?

If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation…more

Data Protection, EU, European Economic Area (EEA), Federal Trade Commission (FTC), Framework Agreement

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Are You My Employer?

It is becoming increasingly common that when an employee files suit against their current or former employer, they file not only against the company they worked for day-to-day but also against any related company. Akin to the…more

Employer Liability Issues, Employment Litigation, FEHA, Parent Corporation, Piercing the Corporate Veil

See all updates »

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Supreme Court Decision Impacts FLSA’s Overtime Rules

All employers should be aware of the recent decision by the United States Supreme in Helix Energy Solutions Group Inc. v. Hewitt dealing with exemptions under the Fair Labor Standards Act (“FLSA”). The Hewitt court held that a…more

Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees, Over-Time, SCOTUS

See all updates »

Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

See all updates »

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

See all updates »

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

Consumer Financial Protection Bureau (CFPB), HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

See all updates »

Update on San Francisco’s Treatment of Vacant Properties

Update - This article is partly a republication of a Client Alert that was issued on December 6, 2022 titled “San Francisco’s Commercial Vacancy Tax.” Readers who have already read the original article can simply read ahead…more

Compliance, Noncompliance, Penalties, Property Owners, Property Tax

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Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website (dropps.com)…more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Retailers, Title III

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Privacy Laws Pose a Significant Threat to the Franchise Industry - The Time to Act is Now!

Data privacy, sometime referred to as the protection of personal information, has developed into one of the most significant challenges facing the franchise industry. As the number of franchises in the United States continues…more

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

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Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

See all updates »

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and Employers Must Make Sure Wage Statements and Final Pay Accurately Reflect all Due and Owing Meal and Rest Period Premiums

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately…more

CA Supreme Court, California, Employees, Employer Liability Issues, Labor Code

See all updates »

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector.

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial…more

Bank Holding Company, Banks, California, Covered Person, Credit Unions

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Prop 65 Alert: Brace Yourselves for the Latest Wave of CA Prop 65 Short-Form Warning Updates

OEHHA is proposing a significant change to the Proposition 65 “short-form warning” to require that this warning identify a specific Proposition 65 (“Prop. 65”) chemical. Currently, the short-form warning requires identification…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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What the Drought Emergency Declaration Means for Your Business

By Executive Order B-29-15, signed on April 1, 2015, Governor Brown declared a state of drought emergency “to exist throughout the State of California ….” Among other things, the recitals state: WHEREAS a distinct…more

Drought, Emergency Response, Enforcement, Executive Orders, Jerry Brown

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Inflation Reduction Act Brings Big Changes to Clean Energy Tax Incentives

Over the next decade, the United States, through enactment of the Inflation Reduction Act of 2022 (IRA), is primed to make a $369 billion investment in clean energy and climate change programs. The lion’s share of this…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Climate Change, Greenhouse Gas Emissions

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U.S. Supreme Court Decision Impacts California Developers

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v…more

California, Fees, George Sheetz v County of El Dorado, Infrastructure, Jurisdiction

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Communications Decency Act Developments in Light of Roland, Taamneh, and Gonzalez

By: Neusha Etemad and Anne Marie Ellis CDA Background Section 230 of the Communications Decency Act (CDA) was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a…more

Communications Decency Act, Online Marketplace, SCOTUS, Third-Party, Websites

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Factor Beware: A Judgment Lien Creditor in California May Have Priority Over Your Security Interest

A factor may receive notice from a judgment creditor that the judgment creditor holds a judgment lien on the accounts of the factor’s client, and be tempted to ignore the notice, since the judgment lien is later in time than the…more

Judgment Creditors, Liens, Perfected Security Interest, Personal Property, Priority Debt

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Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

UPDATE: Advice to Landlords Holding Letters of Credit Issued by Silicon Valley Bank, and Landlords Where Silicon Valley Bank is a Tenant

What a week this has been since the closure of Silicon Valley Bank. As noted in our Client Alert of last week, California State regulators shut down Silicon Valley Bank (SVB) on Friday, March 10, 2023, and appointed the Federal…more

Banking Sector, FDIC, Landlords, Letter of Credit, Tenants

See all updates »

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

See all updates »

The CFPB’s Proposed Personal Financial Data Rights Rule – Financial Institutions Would Face Competitive, Operational and Regulatory Issues in Relation to Making Their Consumer Customers’ Financial Data Available to Third Parties

In an effort to promote “open banking” and reduce “sticky banking”, make it easier for consumers to compare their current financial institution to competitors, and to generally increase competition among financial institutions,…more

Compliance, Consumer Financial Protection Bureau (CFPB), Credit Unions, Data Rights, Financial Institutions

See all updates »

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

See all updates »

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

See all updates »

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to…more

Abatement, Airports, Coronavirus/COVID-19, Federal Aviation Administration (FAA), Rent

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

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The Impact the New Prop 65 Warning Regulations on Multi-Family Apartments and Other Prop 65 Updates

There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65 or Prop 65) that require businesses with 10 or more employees to…more

Apartments, Commercial Property Owners, Landlords, Multi-Family Development, Notice Requirements

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Planning to attend Bottlerock 2017?

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend…more

Commercial Activity Exception, Local Ordinance, Permits, Residential Property Owners, Vacation Rentals

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Corporate Transparency Act Found Unconstitutional for Certain Businesses

In March 2024, the Northern District of Alabama held that Congress exceeded its Constitutional authority by enacting the Corporate Transparency Act (“CTA”). The CTA requires variety corporate entities—everything from LLCs to…more

Anti-Money Laundering, Bank Secrecy Act, Code of Federal Regulations (CFR), Corporate Transparency Act, Disclosure Requirements

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Buchalter COVID-19 Client Alert: Arizona Charter Schools Planned Re-Opening

On July 23, 2020, Arizona Governor Doug Ducey, Superintendent of Public Instruction Kathy Hoffman and Arizona Department of Health Services Director, Dr. Cara Christ held a news conference to discuss certain executive orders of…more

Charter Schools, Department of Education, Governor Ducey, Re-Opening Guidelines

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DMHC Reverses Course – No Surprises Act Does Not Apply to Out-of-Network Emergency Services Governed by the Knox-Keene Act

The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the…more

Knox Keene, Out of Network Provider, Surprise Medical Bills

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The Passage of Proposition 24 Creates New Privacy Obligations for Businesses

While most of the attention has been focused on the presidential and congressional races, the passage of down ballot propositions in California may substantially impact your business. By passing Proposition 24, Californians…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Collection, Data Retention

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Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Caution Advised When Billing and Collecting from Uninsured Emergency Patients

Last month, a California appellate decision partially reversed an order denying class certification in Sarun v. Dignity Health—a lawsuit, which essentially seeks to limit uninsured patient liability for emergency medical…more

Civil Code, Class Action, Class Certification, Contract Interpretation, Declaratory Relief

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Buchalter COVID-19 Client Alert: HUD, FHFA, VA Announce Extensions of Foreclosure and Eviction Moratoriums to December 31, 2020

On August 27, HUD announced that it is extending its Covid-related foreclosure and eviction moratoriums for FHA insured loans set to expire on August 31, until December 31, 2020, and issued a Mortgagee Letter implementing the…more

Coronavirus/COVID-19, Eviction, Fannie Mae, FHFA, Foreclosure

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Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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California Supreme Court Rejects On-Call Rest Breaks

The California Supreme Court recently issued a significant opinion regarding the issue of off-duty rest breaks in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Court, in the context of employees being required to…more

CA Supreme Court, Employer Liability Issues, Off-Duty Employees, On-Call Employees, Rest and Meal Break

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U.S. Supreme Court Decision Impacts California Developers

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v…more

California, Fees, George Sheetz v County of El Dorado, Infrastructure, Jurisdiction

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Traps For The Unwary Telehealth Provider

“The provision of health care services via telemedicine has been growing in popularity over the last several years. With the arrival of the COVID-19 pandemic, healthcare providers were able to rely on a variety of temporary…more

Coronavirus/COVID-19, Enforcement, Executive Orders, Health Care Providers, Public Health Emergency

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Distressed Startups: A Bankruptcy Lawyer’s Perspective

Turmoil in the tech ecosystem and escalating sentiment that a recession in the U.S. might occur in the near-term, indicate that startups, their lenders, and investors may soon confront extreme financial challenges – and will…more

Acquisitions, Borrowers, Employee Retention, Financial Distress, Insolvency

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Consignment, the UCC, and You – Protecting Your Goods and Their Proceeds

In a consignment distribution model, a third party Warehouse (the consignee) takes possession of goods on behalf of a Vendor (the consignor) for sale to Customers. Title passes directly from the Vendor to the Customer, and the…more

Article 9, Commercial Bankruptcy, Distributors, Perfected Security Interest, Third-Party

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PG&E and SCE’s Wildfire Mitigation Plans Detail More than $23 billion in Expenditures through 2025

In their Wildfire Mitigation Plans (WMPs), Pacific Gas & Electric Company (PG&E) and Southern California Edison (SCE) indicate plans to spend roughly $18 billion and $5.8 billion respectively over the 2023-2025 WMP cycle. These…more

CPUC, FERC, Infrastructure, Mitigation, PG&E

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Buchalter Client Alert Covid-19: Cybercrimes

The COVID-19 pandemic have opened the floodgates of cybercrime, as hackers are exploiting distracted workers adjusting to working from home. This alert highlights a number of these issues and its relationship with California…more

California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Cyber Crimes, Cybersecurity, Hackers

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Utah Requires Commercial Lenders and Factors to Register as a Commercial Financing Provider

Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial…more

Disclosure Requirements, Financing, Lenders, NMLS, Penalties

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Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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Buchalter COVID-19 Client Alert: Cal/OSHA Emergency COVID-19 Workplace Safety Standard Takes Effect

Cal/OSHA has promulgated emergency regulations for preventing COVID-19 transmission in the workplace (the “Emergency Standard,” or the “Standard”). The Emergency Standard became effective immediately upon approval by the Office…more

Cal-OSHA, California, Coronavirus/COVID-19, Employee Training, Masks

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Florida Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or…more

Disclosure Requirements, Enforcement, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such…more

Business Continuity Plans, Business Interruption, Commercial General Liability Policies, Coronavirus/COVID-19, Corporate Counsel

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If You Conduct Any Business with Entities (Including Affiliates) Outside of the U.S., Then Please Read

The International Services Survey is here again and is due by June 29, 2018. If you conducted any transaction relating to intellectual property with a foreign entity (defined as any company outside of the United States, even if…more

BEA, Bureau of Economic Analysis, Foreign Affiliates, Intellectual Property Agreements, Intellectual Property Protection

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NHTSA’s Incident Reporting Requirements

On August 12, 2021, NHTSA enacted the First Amended Standing General Order 2021-01 regarding Incident Reporting for Automated Driving Systems and Level 2 Advanced Driver Assistance Systems. The Order includes four requests for…more

Automated Transportation, NHTSA, Proposed Amendments, Reporting Requirements

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Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector.

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial…more

Bank Holding Company, Banks, California, Covered Person, Credit Unions

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Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or…more

Administrative Appeals, Construction Project, Land Parcels, Property Owners, Property Tax

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Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide

On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect tenants and borrowers by temporarily preventing California courts…more

Borrowers, California, Coronavirus/COVID-19, Eviction, Foreclosure

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Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

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Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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What Every Technology Company Needs to Know About Assumption, Assumption and Assignment, Or Rejection Of Its Contracts In Bankruptcy

Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection…more

Business Partners, Commercial Bankruptcy, Customer Funds, Emerging Technology Companies, IP Assignment Agreements

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The Grandfathering Deadline for NEM 2.0 is Rapidly Approaching – What Does it Mean?

While reading this client update, the first thing you need to do is keep in mind the date of April 14, 2023. As explained below, that is the last date to submit an interconnection application with your utility provider to…more

California, Filing Deadlines, Grandfathering Rules, Net-Energy Metering, Public Utility

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Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies

On May 28, 2020, President Trump signed an executive order aimed at limiting the protections afforded to social media companies like Twitter and Facebook. The executive order was signed shortly after Twitter added fact-checking…more

Civil Liability, Communications Decency Act, Donald Trump, Executive Orders, Facebook

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New Income Averaging Guidance (Revenue Ruling 2020-4)

On January 30, 2020 the IRS recently issued Revenue Ruling 2020-4 that provides additional guidance on calculating income limit designations for units in a project that has selected the Average Income Test to qualify for the…more

Consolidated Appropriations Act (CAA), HUD, Income Test, IRS, LIHTC

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The Implications of California’s Appellate Decision in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al.

On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s…more

Appeals, California, Health Insurance, Medical Bills, Medical Liens

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Ninth Circuit Opinion Highlights Vapor Intrusion Risks and Challenges Faced by Brownfields Developers and Their Lenders

A recent ruling by the United States Court of Appeals for the Ninth Circuit illustrates the challenges faced by developers of contaminated properties and their lenders, as well as the extraordinary risks associated with sites…more

Brownfield Properties, Chemicals, Contaminated Properties, Contamination, Environmental Claims

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Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in…more

Accessibility Rules, CASp, Commercial Leases, Commercial Tenants, Disability Access Claims

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Buchalter COVID-19 Client Alert: Court Decision Expands Families First Coronavirus Response Act Coverage

A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA…more

Appeals, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Final Rules

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California Energy Regulatory Weekly Update - September 2020

The next Commission meeting is scheduled for 06/25/20. Remote Access Only. Relevant results from the August 27, 2020 meeting included in this update. On May 7, 2020 the Commission opened a new IRP rulemaking addressing the…more

California Air Resources Board, California Energy Commission, Coronavirus/COVID-19, Energy Sector, Executive Orders

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EPCRS Provides More Retirement Plan Self-Correction Opportunities  

On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System (“EPCRS”). EPCRS is a program for correcting…more

401k, Beneficiaries, Benefit Plan Sponsors, Employee Benefits, EPCRS

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Tax Amnesty Is Back in Arizona

The State of Arizona’s 2016 amnesty program offers significant benefits to most individuals and corporations with past-due taxes. Once again, Arizona taxpayers with many types of past-due state and local taxes will have an…more

Back Taxes, Department of Revenue, Income Taxes, Interest Payments, Sales & Use Tax

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Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

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Curtailments Ordered in the Delta Watershed

On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of…more

California, Compliance, Curtailment, Enforcement, Riparian Rights

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California Employers Take Heed – Employees Will Have Rights Surrounding Their Personal Information

Last week, the California Legislature failed to reach agreement on an extension to the employee exemption which applies to the California Consumer Privacy Act (CCPA) which currently exempts employees and employee data from the…more

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

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The Supreme Court Agrees to Decide Whether Immaterial Registration Errors Can Serve as the Basis for Invalidating Copyright Registrations

On June 1, 2021, the U.S. Supreme Court granted certiorari in a case that will likely determine once and for all whether courts are empowered to void copyright registrations based on immaterial registration errors, or whether a…more

Bad Faith, Certiorari, Copyright Infringement, Copyright Registration, Intent to Defraud

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Quiet Skies Congressional Caucus Gets Brush Off from FAA

Many communities rely on Congressional representation to establish lines of communication with the Federal Aviation Administration (“FAA”) because communication with federal agencies in general and FAA particularly is difficult…more

Aircraft, Airlines, Airports, Aviation Industry, Federal Aviation Administration (FAA)

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The U.S. Supreme Court Rejects “Significant Harm” Standard for Claims of Workplace Discrimination; Adopts More Employee-Friendly “Some Harm” Standard

The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Coming In 2024: Proposed New Employment Laws Affecting California Employers

As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless otherwise…more

Cal-WARN, California, Cannabis Products, FEHA, Healthcare Workers

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Treasury’s New Bank Secrecy Act Whistleblower Program

In perhaps the last major legislative action under this presidential administration, on New Year’s Day 2021, Congress passed—over President Trump’s veto—what could be the most significant anti-money laundering (AML) statute…more

Anti-Money Laundering, Bank Secrecy Act, CFTC, Corporate Transparency Act, Department of Justice (DOJ)

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Feds Ease Regulation of High Volatility Commercial Real Estate (HVCRE) Lending

On May 24, 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) took effect and, among other things, eased some of the restrictions on bank lending involving what is referred to as high volatility…more

Acquisitions, Borrowers, Capital Contributions, Construction Project, Economic Growth Regulatory Relief and Consumer Protection Act

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California Healthcare Transactions Will Soon Hit a Speed Bump

Effective January 1, 2024, health care entities in California that propose to enter into “material change transactions” will be required to provide advance written notice to the California Office of Health Care Affordability…more

California, Confidential Information, Healthcare, New Regulations, OCHA

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Buchalter COVID-19 Client Alert: California’s Employment Training Panel Extends COVID-19 Assistance

California created the Employment Training Panel (“ETP”) cash grant program in 1982 to provide funds to California businesses for job-related vocational skills training for businesses creating new jobs or retraining current…more

California, Contract Terms, Coronavirus/COVID-19, Extensions, State and Local Government

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Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

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What Does the EU-US Data Privacy Framework Mean for Your Business?

If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation…more

Data Protection, EU, European Economic Area (EEA), Federal Trade Commission (FTC), Framework Agreement

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Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

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PPP Lender Liability, Enforcement, & Fintech Challenges

The Paycheck Protection Program (“PPP”) emerged as a lifeline for small businesses grappling with the unprecedented challenges of the COVID-19 pandemic. Lenders navigated a landscape of regulations that Congress quickly drafted…more

Anti-Money Laundering, Bank Secrecy Act, Borrowers, CARES Act, Coronavirus/COVID-19

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U.S. Supreme Court Decision Impacts California Developers

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v…more

California, Fees, George Sheetz v County of El Dorado, Infrastructure, Jurisdiction

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Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out in…more

Aerospace, Business Assets, Business Litigation, Cybersecurity, Debt Financing

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Points & Authorities - Summer 2013: The Danger of Commingling Fees under the Talent Agencies Act

During its eight years on the air, Dog the Bounty Hunter brought audiences a weekly dose of Duane “Dog” Chapman’s successful bounty-hunting. This past November, Dog and his wife, Alice Barmore-Smith, succeeded in convincing the…more

Bounty Hunters, Commingling, Entertainment Industry, Fees, Talent Agencies Act

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Colorado Attorney General Renews Call for Public Input in Privacy Act Pre-Rulemaking Process

The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year, allows…more

Colorado, Consent, Data Privacy, Opt-Outs, Public Comment

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Inflation Reduction Act Brings Big Changes to Clean Energy Tax Incentives

Over the next decade, the United States, through enactment of the Inflation Reduction Act of 2022 (IRA), is primed to make a $369 billion investment in clean energy and climate change programs. The lion’s share of this…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Climate Change, Greenhouse Gas Emissions

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National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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Non-contracted Providers Must Exhaust Administrative Remedies for Medicare Advantage Claims

Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health…more

Administrative Remedies, Appeals, Health Care Providers, Health Insurance, Medicare

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Prop 65 Alert: Brace Yourselves for the Latest Wave of CA Prop 65 Short-Form Warning Updates

OEHHA is proposing a significant change to the Proposition 65 “short-form warning” to require that this warning identify a specific Proposition 65 (“Prop. 65”) chemical. Currently, the short-form warning requires identification…more

Amended Regulation, California, Manufacturers, OEHHA, Proposition 65

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Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification…more

CA Supreme Court, Foreclosure, Lenders, Loans, Negligence

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House Passes the CROWN Act to Prohibit Natural Hair Discrimination

On March 18, 2022, the U.S. House of Representatives passed the CROWN Act (H.R. 2116). The Creating a Respectful and Open World for Natural Hair (CROWN) Act explicitly prohibits discrimination in employment on the basis of hair…more

California, Hairstyle Discrimination, New Legislation

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Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website (dropps.com)…more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Retailers, Title III

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The California Supreme Court Sends A Message That Any Employer Control Over Employees—Even If The Employees Are Not Actively Working—May Constitute Compensable Time Worked

On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors, which provides certain clarity on nuanced wage and hour issues and the scope of the term “hours worked.” In this case,…more

CA Supreme Court, Compensation, Corporate Counsel, Duty Hours, Employer Liability Issues

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Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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Buchalter COVID-19 Client Alert: California’s COVID-19 Supplemental Paid Sick Leave Returns

On March 19, 2021, Governor Gavin Newsom signed Senate Bill No. 95 (SB95) and revived California’s COVID-19 Supplemental Paid Sick Leave. By March 29, 2021, employers of more than 25 employees must provide Supplemental Paid Sick…more

California, Coronavirus/COVID-19, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Governor Newsom

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The Rapid Expansion of State Privacy Laws: What Businesses Need to Know

This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws..…more

Advertising, Data Privacy, Nonprofits, Personal Information, Privacy Laws

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Telehealth Flexibilities Extended – For Now

The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public health…more

Consolidated Appropriations Act (CAA), Hospice, Joe Biden, Medicare, Public Health Emergency

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Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York

In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York…more

Business Interruption, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

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The Rapid Expansion of State Privacy Laws: What Businesses Need to Know

This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws..…more

Advertising, Data Privacy, Nonprofits, Personal Information, Privacy Laws

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Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

See all updates »

Treasury’s New Bank Secrecy Act Whistleblower Program

In perhaps the last major legislative action under this presidential administration, on New Year’s Day 2021, Congress passed—over President Trump’s veto—what could be the most significant anti-money laundering (AML) statute…more

Anti-Money Laundering, Bank Secrecy Act, CFTC, Corporate Transparency Act, Department of Justice (DOJ)

See all updates »

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

See all updates »

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in…more

Intellectual Property Protection, KIPO, Korea, Trademark Ownership, Trademark Registration

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National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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The Grandfathering Deadline for NEM 2.0 is Rapidly Approaching – What Does it Mean?

While reading this client update, the first thing you need to do is keep in mind the date of April 14, 2023. As explained below, that is the last date to submit an interconnection application with your utility provider to…more

California, Filing Deadlines, Grandfathering Rules, Net-Energy Metering, Public Utility

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Removing the Barriers to Coordinated Care: the Stark Law

August 10, 2015 was the 22nd anniversary of the expansion of the Medicare self-referral prohibition to include 10 “designated health services” in addition to clinical laboratory tests. This law is the so-called Stark Law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Hospitals

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PPP Fraud Enforcement Shows No Signs of Slowing

After dozens of high-profile criminal prosecutions and a growing wave of civil investigations, the Department of Justice’s (“DOJ”) Covid-19 Fraud Enforcement Strike Force is poised to continue its pursuit of fraud, abuse, and…more

Borrowers, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit Non-Compete Agreements

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the…more

Class Action Arbitration Waivers, Confidential Information, Employment Contract, NLRA, NLRB

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Solutions and Alternatives to Bankruptcy in the Cannabis Industry and Financing Options Available

A Marijuana Related Business (or MRB), whether a plant-touching operation or a provider of goods and services to a plant-touching operations cannot seek protection from the Bankruptcy Court as Bankruptcy Court is a Federal Court…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11, Chapter 7, Marijuana Related Businesses

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Bankruptcy Trustees and Receivers Beware: The California Second District Court of Appeal Tests The Barton Doctrine’s Limits on Claims Against a Court-Appointed Officer Over a Distressed Commercial Real Estate Entity

In Breanne Martin v. Leslie Gladstone, the Second District Court of Appeal recently decided a case that could reverberate throughout the receivership and bankruptcy industries. This case comes at a propitious moment as…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Trustees, Barton Doctrine, California

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Drug Enforcement Administration Extends Telemedicine Treatment and Prescription Flexibilities

The expiration of the COVID-19 Public Health Emergency (“PHE”) on May 11, 2023 could have created a “prescription cliff” leaving patients without access to controlled substances. During the PHE, telemedicine flexibilities…more

Controlled Substances Act, Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Proposed Rules

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Inflation Reduction Act Incentives for Energy Sector

President Biden signed the Inflation Reduction Act of 2022 (HR 5376) (the Act) into law on August 16, 2022. This update provides a high level overview of the Act’s incentives for the energy sector. We have published a separate…more

Biden Administration, Climate Change, Energy Tax Incentives, Environmental Justice, Inflation Reduction Act (IRA)

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Non-contracted Providers Must Exhaust Administrative Remedies for Medicare Advantage Claims

Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health…more

Administrative Remedies, Appeals, Health Care Providers, Health Insurance, Medicare

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The Clock is Running: It’s Time for Healthcare Employers to Reassess Their Workers’ Employment Status

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill No. 5 (“AB 5“), which codifies the result of Dynamex Operations West v. Superior Court, No. S222732, a case that significantly changes the way…more

ABC Test, Borello Test, Dynamex, Employer Liability Issues, Governor Newsom

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SEC Cracks Down on Regulation A Issuers

Regulation A “Plus” is an exemption from registration under the Securities Act of 1933 that permits certain eligible issuers to conduct public offerings of up to $75 million in a 12-month period to accredited and unaccredited…more

JOBS Act, Regulation A, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product…more

Breach of Warranty, Causation, Defense Strategies, Distributors, Failure To Warn

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Buchalter Client Alert COVID-19: Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws)

Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity. The lack of a consistent message from elected…more

Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order

On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Declaratory Relief, Eviction, Landlords

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CPUC Issues Net Energy Metering Proposed Decision, With Comments Due November 30

On November 10, 2022, the CPUC issued its long-awaited and reworked net energy metering (NEM) “3.0” proposed decision on a successor tariff. The origin of California’s NEM tariff was to incentivize Californians to install…more

California, Compensation, CPUC, Energy Sector, Exports

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Prop 65 Cancer Warning Coming To Grandma’s Tylenol?

Millions of Americans, including many grandmothers, suffer from pain, whether it be from swollen joints, bad backs, headaches or stiffness – and dozens of other reasons. For those who do not or cannot take prescription…more

Cancer, Food and Drug Administration (FDA), Johnson & Johnson, Manufacturers, OEHHA

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Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Mandatory Arbitration Clauses, Mobile Apps

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SCOTUS on Viking River Cruises: Employees May Be Compelled to Arbitrate “Individual” PAGA Claims

Finally, some good news for California employers involving California’s Private Attorney General Act of 2004 (“PAGA”). The U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Angie Moriana is a huge victory for…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Private Attorneys General Act (PAGA), SCOTUS

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Georgia Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

Georgia has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California, Florida and New York’s disclosure laws. The Georgia CFDL applies to covered “Commercial Financing Transactions” consummated…more

Commercial Leases, Commercial Loans, Compliance, Disclosure Requirements, Financing

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Supreme Court’s Remand of FDIC Enforcement Action: Any Larger Impact on Agency Deference?

While we wait for the U.S. Supreme Court to decide the fate of the Chevron doctrine governing courts’ deference to agencies’ interpretations of law, its recent decision in another case has flown under the radar. In Calcutt, III…more

Administrative Law Judge (ALJ), Chevron Deference, Enforcement, FDIC, Remand

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General Permit for Winery Process Water Discharge Issued

The State Water Resources Control Board (“SWRCB”) approved the much-debated General Waste Discharge Requirements for Winery Process Water (“Winery Order”) on January 20, 2021. Although the official version of the approved Winery…more

Environmental Policies, Notice of Intent, NPDES, Stormwater Discharge Permits, Wastewater

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UPDATE: Advice to Landlords Holding Letters of Credit Issued by Silicon Valley Bank, and Landlords Where Silicon Valley Bank is a Tenant

What a week this has been since the closure of Silicon Valley Bank. As noted in our Client Alert of last week, California State regulators shut down Silicon Valley Bank (SVB) on Friday, March 10, 2023, and appointed the Federal…more

Banking Sector, FDIC, Landlords, Letter of Credit, Tenants

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Utah Requires Commercial Lenders and Factors to Register as a Commercial Financing Provider

Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial…more

Disclosure Requirements, Financing, Lenders, NMLS, Penalties

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California Amends Uniform Commercial Code Article 9 Regarding Name of Individual Debtor on Financing Statements

The California Legislature passed, and Governor Brown signed, Assembly Bill No. 1858, which changes the way individual debtors are identified in Uniform Commercial Code financing statements. The bill brings California into line…more

Article 9, Debtors, Driver's Licenses, Lenders, New Legislation

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Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID

Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the…more

CA Supreme Court, Commercial Real Estate Contracts, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

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Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

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Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

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Los Angeles Employers Must Provide Medical Grade Masks No Later Than January 17, 2022

Workplace masking requirements have long been in place in California, with employees permitted to wear cloth or other masks of their choice. Last week, the County of Los Angeles Department of Public Health went further,…more

Coronavirus/COVID-19, Employer Responsibilities, Masks, Personal Protective Equipment, Workplace Safety

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Colorado Attorney General Renews Call for Public Input in Privacy Act Pre-Rulemaking Process

The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year, allows…more

Colorado, Consent, Data Privacy, Opt-Outs, Public Comment

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DMHC Reverses Course – No Surprises Act Does Not Apply to Out-of-Network Emergency Services Governed by the Knox-Keene Act

The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the…more

Knox Keene, Out of Network Provider, Surprise Medical Bills

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Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits

Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company,…more

Advertising, Influencers, Intellectual Property Protection, Social Media, Trademark Infringement

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Hospitality Industry Law Newsletter

Who Are My Employees? The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also…more

Browning-Ferris Industries of California Inc., Copyright, Discrimination, Fair Pay Act, FEHA

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FDIC, FRB & OCC Issue Interagency Guidance on Third-Party Relationships: Risk Management

June 8, 2023 By: Stephanie Shea and Michael Flynn On June 6, 2023, the FDIC, FRB and OCC collectively issued a document entitled, “Interagency Guidance on Third-Party Relationships: Risk Management” (“2023 Guidance”). Prior to…more

Enforcement, FDIC, FRB, New Guidance, OCC

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PG&E and SCE’s Wildfire Mitigation Plans Detail More than $23 billion in Expenditures through 2025

In their Wildfire Mitigation Plans (WMPs), Pacific Gas & Electric Company (PG&E) and Southern California Edison (SCE) indicate plans to spend roughly $18 billion and $5.8 billion respectively over the 2023-2025 WMP cycle. These…more

CPUC, FERC, Infrastructure, Mitigation, PG&E

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DOT Proposes New Regulations on Service Animals in Air Travel

Passengers seeking to travel with their service animals in the main cabin may soon face new restrictions from airlines, as the Department of Transportation (“DOT”) recently published a Notice of Proposed Rulemaking (“NPRM”) to…more

Airlines, Airports, Comment Period, Department of Transportation (DOT), Emotional Support Animals

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Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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The U.S. Supreme Court Rejects “Significant Harm” Standard for Claims of Workplace Discrimination; Adopts More Employee-Friendly “Some Harm” Standard

The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Bet it all on Blue: How the Betrayal of Los Angeles Dodgers’ Star Shohei Ohtani Impacts both the Sports and Legal Worlds

Friendship only goes so far, at least in the case of the Los Angeles Dodgers’ baseball superstar Shohei Ohtani (“Ohtani”), and his former interpreter and de facto personal manger, Ippei Mizuhara (“Mizuhara”). On April 11, 2024,…more

Bank Fraud, False Statements, FDIC, Fraud, Gambling

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HIPAA Security Rule Compliance for Providers & Business Associates in Three Easy Steps

On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest…more

Business Associates, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Encryption

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Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building Collapse

Surfside Collapse – what we know so far: On Thursday, June 24, 2021, at approximately 1:25 a.m., Champlain Towers South, a twelve-story beachfront condominium in the Miami suburb of Surfside, Florida, partially collapsed…more

Annual Assessments, Board of Directors, CC&Rs, Community Associations, Condominium Associations

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2020 Check List: Update Noncompete Agreements to Comply with New Restrictions in Washington and Revisit IP and Arbitration Provisions in Employment and Independent Contractor Agreements

Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning less…more

Best Practices, Employer Liability Issues, Employment Contract, Independent Contractors, New Legislation

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California Regulatory Happenings - November 2018

On 7/12/18 the Commission adopted an Order Instituting a rulemaking to continue implementation of the RPS program. The oversight anticipated in the rulemaking (a successor to R15-02-020) includes review of RPS procurement plans,…more

Administrative Law Judge (ALJ), Administrative Proceedings, Cap-and-Trade, Comment Period, Electricity

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The Guantánamo Trials: No End in Sight - Buchalter Nemer

From May 30 to June 3, 2016, I represented the Pacific Council as an official observer at pre-trial hearings for Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the World Trade Center and Pentagon attacks of…more

CIA, Defense Strategies, Discovery, FBI, Global War on Terror (GWOT)

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Significant Additional Federal Investment in Telehealth

The Federal Communications Commission (FCC) is establishing the Connected Care Pilot Program, pumping $100 million into a new telehealth pilot program. Lack of access to modern, comprehensive medical care in rural areas is…more

Elder Issues, FCC, Federal Pilot Programs, Healthcare Reform, Public Comment

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FTC Enters Into Landmark Settlement With Network Marketing Company; Vemma Lives To Play Another Day

The sixteen month long lawsuit between the Federal Trade Commission and Vemma Nutrition Company has come to a negotiated resolution under terms which will allow Vemma to continue operating its business under restrictions similar…more

Asset Freeze, Federal Trade Commission (FTC), FTC Act, MLM Industry, Network Marketing Provider

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Trends Since the New Prop 65 Requirements Went Into Effect

It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week indicate a trend toward food products and consumer household goods. For example,…more

Amended Regulation, Manufacturers, OEHHA, Proposition 65, Retailers

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Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -…more

Borrowers, Commercial Leases, Debt Financing, Duty to Mitigate, EBITDA

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Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law - UPDATED

On Friday, March 27, 2020, the CARES ACT was signed into law. The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights. For patents and trademarks, the Act permits the Under Secretary of…more

CARES Act, Coronavirus/COVID-19, Intellectual Property Protection, Relief Measures, USPTO

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Buchalter Client Alert COVID-19: California City and County Eviction Moratoria List

On March 16, 2020, California Governor Gavin Newsom issued an executive order that suspended any portion of state law that would otherwise prevent local municipalities from imposing limitations on residential or commercial…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Newsom, Tenants

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Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order

On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Declaratory Relief, Eviction, Landlords

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Ready or Not, the New California LLC Law is Here

The California Revised Uniform Limited Liability Company Act was effective January 1, 2014 and is codified as new Title 2.6 of the California Corporations Code starting at Section 17701. The new law incorporates a more robust…more

Compliance, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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New Patient Disclosure Requirement Effective January 1, 2023

To increase transparency regarding payments to physicians by drug and medical device companies, Governor Newsom signed AB 1278, which imposes certain additional disclosure obligations on physicians. Beginning on January 1,…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Manufacturers, Medical Devices, Open Payments

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California Energy Regulatory Weekly Update - June 2020

On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the…more

CAISO, California Air Resources Board, CARB, CPUC, Energy Sector

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Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, Department of Labor (DOL), Domestic Violence, Due Diligence

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Public Health Emergency Extended

The U.S. Department of Health and Human Services (“HHS”) has renewed the January 31, 2020 determination that a public health emergency (“PHE”) exists nationwide. Each determination renews the PHE for 90 days, so all HHS/CMS…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Medicare, Mental Health

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Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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CFPB’s Small Business Lending Data Collection Rule Increases Operational Burdens and Regulatory Risk for Lending to Small Businesses

On March 30, 2023, the Consumer Financial Protection Bureau (CFPB) issued the long-awaited final version of its rules on Small Business Lending under the Equal Credit Opportunity Act. The new rule imposes significant burdens and…more

Compliance, Consumer Financial Protection Bureau (CFPB), Data Collection, ECOA, Financial Institutions

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Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live by…more

Attorney's Fees, Chapter 11, Commercial Bankruptcy, Copyright Infringement, Employer Liability Issues

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Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)

On April 6, 2020, the Department of Labor (“DOL”) promulgated a temporary rule (“Rule”) interpreting and giving further guidance on the Families First Coronavirus Relief Act (“FFCRA”). The FFCRA includes the Emergency Family…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

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Curtailments Ordered in the Delta Watershed

On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of…more

California, Compliance, Curtailment, Enforcement, Riparian Rights

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SCOTUS on Viking River Cruises: Employees May Be Compelled to Arbitrate “Individual” PAGA Claims

Finally, some good news for California employers involving California’s Private Attorney General Act of 2004 (“PAGA”). The U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Angie Moriana is a huge victory for…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Private Attorneys General Act (PAGA), SCOTUS

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It's Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy

No one has ever asserted that the bankruptcy arena is for the faint hearted. on the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising…more

Commercial Bankruptcy, Debtors, Subordination

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A New Decade Begins! Ensure Your Business Is Up to Speed on California’s New Employer Requirements

The close of the decade ended with a flurry of activity on the labor and employment front, creating a number of significant new obligations for employers. As 2020 opens, it is important to ensure that employers of all sizes are…more

ABC Test, Arbitration, Arbitration Agreements, California Consumer Privacy Act (CCPA), Dynamex

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Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be…more

Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

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Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

See all updates »

Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules

The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”) and could not…more

Chapter 11, Creditors, First-Lien, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

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Buchalter COVID-19 Client Alert: Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic

A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that…more

California, Coronavirus/COVID-19, Governor Newsom, Insurance Claims, Insurance Industry

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Bet it all on Blue: How the Betrayal of Los Angeles Dodgers’ Star Shohei Ohtani Impacts both the Sports and Legal Worlds

Friendship only goes so far, at least in the case of the Los Angeles Dodgers’ baseball superstar Shohei Ohtani (“Ohtani”), and his former interpreter and de facto personal manger, Ippei Mizuhara (“Mizuhara”). On April 11, 2024,…more

Bank Fraud, False Statements, FDIC, Fraud, Gambling

See all updates »

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Force Majeure and COVID-19

The global health crisis brought on by the spread of the Novel Coronavirus (“COVID-19”) continues to affect businesses of all sizes. This is causing uncertainty in businesses’ ability, or inability, to meet its contractual…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Effects

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A Patent For A Formula Does Not Destroy Trade Secret Status So Long As The Patent Does Not Disclose The “Process” For Applying The Trade Secret

On November 20, 2019, the California Court of Appeal confirmed that a patent for a formula does not destroy a formula’s trade secret status so long as the patent does not disclose the process for applying the trade secret. In…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Patents, Permanent Injunctions

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The Implications of California’s Appellate Decision in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al.

On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s…more

Appeals, California, Health Insurance, Medical Bills, Medical Liens

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Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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