Buchalter Nemer

From Phonograph Records to Musical Sound Recordings: USPTO’s Pilot Program May Bring Life to Outdated Registrations

Own a trademark registration covering goods or services that have become obsolete due to technological advances? Does your trademark registration cover content delivered by floppy discs that are now provided as on-line…more

Federal Pilot Programs, Filing Requirements, International Trademark Protection, Musical Sound Recordings, Online Banking

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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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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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What to Know After the Latest Patent Ruling by the U.S. Supreme Court

In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software patents…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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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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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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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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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

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

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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 on employers, while granting additional rights to employees. This year is no exception. Although there is some…more

Discrimination, Fair Pay Act, Labor Commissioners, Minimum Wage, New Legislation

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Does the Supreme Court's Marriage Decision Protect Religious Entities?

COMMENTARY: For faithful Christians, Jews and Muslims, the ruling in Obergefell v. Hodges leaves more questions than answers. In the days running up to today’s Supreme Court ruling on same-sex marriage …more

Due Process, Equal Protection, Fourteenth Amendment, Marriage, Marriage Equality

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Model Behavior? Brands Beware - U.S. Legal Changes Impact Use of Brand Ambassadors

Due to a recent increase in wage and hour claims in the entertainment industries, U.S. brands using models and spokespeople for their ads and marketing campaigns need to be conscious of how they treat talent who are not covered…more

Brand, Celebrity Endorsements, Collective Bargaining

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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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Aviation & Aerospace and Surface Transportation Quarterly Newsletter

In This Issue: - Update on Developments in California Drone Law - One Community Gets Relief from Aircraft Noise - California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the Federal…more

Aircraft, Airlines, Aviation Industry, Clean Air Act, Commercial Truck Drivers

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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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Breaking News! You Can Poach Employees From Your Competitors

Actually, it is not breaking news; the right to recruit and hire your competitors’ employees has a long and well established history in California. So long as the recruiting efforts are not coupled with wrongful or illegal…more

Competition, Hiring & Firing, Recruitment Policies

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Closing Protection Letters: Overlooked Indemnity Coverage For Common Foreclosure Defense Claims

Mortgage lenders are all too familiar with borrowers’ assertions that they did not receive two properly dated copies of the Truth-In-Lending Act (“TILA”) mandated Notice of Right to Cancel form (“NORTC”) at closing. Under…more

Borrowers, Closing Date, Closing Protection Letters, Indemnification, Lenders

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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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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

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

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Are Big Changes on the Horizon for Trade Secrets Litigation?

Identical bills pending in the U.S. House and Senate are aimed at expanding and altering the substantive and procedural remedies available to businesses seeking to defend their valuable trade secrets through litigation. On July…more

Employer Rights, Misappropriation, Pending Legislation, Remedies, Theft

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Domestic International Sales Corporations—A Tax Saving Tool for U.S. Companies

Does your business earn income from making and exporting goods, such as agricultural products, apparel or software? If so, in connection with such exports, does your company use a “domestic international sales corporation,” or…more

Corporate Taxes, Domestic International Sales Corporation, Exports, Tax Planning

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Drug and Device Companies May Soon Face Less Burdensome FDA Approval Process

On July 10, 2015, Congress passed H.R. 6, the 21st Century Cures Act, with a bipartisan vote of 344 to 77. The 352-page bill seeks to make the U.S. Food and Drug Administration (FDA) drug and device approval process less onerous…more

21st Century Cures Initiative, Animal Testing, Clinical Trials, FDA, Healthcare

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Stop Notices and Mechanic's Liens: Construction Lenders' Nightmares

Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead article in the Business Section of the January 28, 2016, issue of the Los…more

Construction Industry, Construction Loans, Deed of Trust, Mechanics Lien, Title Insurance

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ABA California Lending Law- Section X

A. Loan Commitments - Under California law, a loan commitment, which is commonly set forth in a commitment letter, is binding on a lender only if the commitment letter contains all of the material terms of the loan and…more

Banking Sector, Breach of Contract, Contract Drafting, Contract Formation, Lenders

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Attention Secured Lenders: The 2010 Amendments to Article 9 are Beginning to Take Effect

Article 9 of the Uniform Commercial Code, which governs security interests in transactions secured by personal property, is currently undergoing its first revision since 1998. The 2010 Amendments to Article 9 (the “2010…more

Article 9, Debtors, Lenders, Personally Identifiable Information, UCC

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Stop Notices and Mechanic's Liens: Construction Lenders' Nightmares

Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead article in the Business Section of the January 28, 2016, issue of the Los…more

Construction Industry, Construction Loans, Deed of Trust, Mechanics Lien, Title Insurance

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State Law Obstacles to the National Distribution of eHealth Medical Devices Directly to Consumers

The latest and greatest eHealth medical devices directed to consumers are technologically advanced and consumer-friendly. They have the capacity to diagnose certain health conditions and generate treatment plans and…more

Advertising, Commercial Marketing, Corporate Practice of Medicine, EHealth, Medical Devices

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Hospitality, Food and Beverage Industry Newsletter

We are pleased to share the first edition of our Hospitality, Food and Beverage Industry Newsletter with you. This Newsletter addresses important recent legal developments affecting the hospitality and restaurant industry and we…more

Commercial Bankruptcy, Commercial Leases, FLSA, Franchises, Hospitality Industry

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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

See All Updates »

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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Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t

As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the closing.” Or, you may have assumed that because the purchase agreement stated that certain representations and warranties did…more

Appeals, Breach of Contract, Buyers, Commercial Real Estate Market, Deed of Trust

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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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Town of East Hampton Explores Limits of Aircraft Noise Regulation

In an unprecedented action aimed at limiting or eliminating noisy helicopters and fixed-wing aircraft from use of the East Hampton Airport, in East Hampton, Long Island, New York (“Airport”), on April 6, 2015, the East Hampton…more

Aircraft, Airports, Excessive Noise, Federal Aviation Administration (FAA), Preemption

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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

See All Updates »

New ASC Requirements Coming in 2016

SB 396 (Hill) becomes effective on January 1, 2016, adding new patient protection measures to the current regulation of ambulatory surgery centers (“ASCs”). First, SB 396 authorizes accreditation organizations to perform…more

Accreditation, Ambulatory Surgery Centers, Bylaws, Health Care Providers, New Regulations

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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

See All Updates »

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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What the Hospitality Industry Needs to Know about Website Accessibility Guidelines

Do private businesses, including restaurants, hotels and travel businesses who offer services to the public through their website (i.e., sell a product or service on the website) have to make their websites accessible to persons…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), DOJ, Hospitality Industry, Website Accessibility

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Model Behavior? Brands Beware - U.S. Legal Changes Impact Use of Brand Ambassadors

Due to a recent increase in wage and hour claims in the entertainment industries, U.S. brands using models and spokespeople for their ads and marketing campaigns need to be conscious of how they treat talent who are not covered…more

Brand, Celebrity Endorsements, Collective Bargaining

See All Updates »

New ASC Requirements Coming in 2016

SB 396 (Hill) becomes effective on January 1, 2016, adding new patient protection measures to the current regulation of ambulatory surgery centers (“ASCs”). First, SB 396 authorizes accreditation organizations to perform…more

Accreditation, Ambulatory Surgery Centers, Bylaws, Health Care Providers, New Regulations

See All Updates »

Dealing with Restaurant and Retail Leases in Bankruptcy

The recent Great Recession and the wave of bankruptcy filings that accompanied it presented a number of challenges for landlords and tenants. Yet, as the economy has recovered, we still continue to see restaurant and retail…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Restaurant Industry, Retailers

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A Wake Up Call To Franchisors: The Big Mac Attack

In the wake of recent activity by the National Labor Relations Board (NLRB) concerning unfair labor practice charges against McDonald’s franchisees and franchisor McDonald’s, USA, LLC, coined by some as the “Big Mac Attack”,…more

Franchises, Joint Employers, McDonalds, NLRA, NLRB

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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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New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. They can loan out a new phone, provide free access to an app, provide free products, etc., in exchange for publicity on social media…more

Contests & Promotions, Disclosure Requirements, FTC, FTC Endorsement Guidelines, Social Media

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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, CMS, False Claims Act (FCA), Health Care Providers, Hospitals

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Preparing for 2016: The Fair Pay Act

As the seasons change and 2015 comes to a close, employers should take note of a particular change coming to California’s legal landscape in 2016: the Fair Pay Act (“FPA”). On October 6, 2015, Governor Jerry Brown signed Senate…more

Best Management Practices, DLSE, Employer Liability Issues, Fair Pay Act, Wage and Hour

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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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Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t

As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the closing.” Or, you may have assumed that because the purchase agreement stated that certain representations and warranties did…more

Appeals, Breach of Contract, Buyers, Commercial Real Estate Market, Deed of Trust

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New Texas Legislation Helps “Stretch” The Concepts of Narrow Networks

In the past five years or so an increasing number of health insurers have been using “narrow networks” of providers in an attempt to hold down medical costs and insurance premium rates. A key part of the narrow network strategy…more

Health Care Providers, Health Insurance, Insurance Industry, Out of Network Provider

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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

See All Updates »

A Wake Up Call To Franchisors: The Big Mac Attack

In the wake of recent activity by the National Labor Relations Board (NLRB) concerning unfair labor practice charges against McDonald’s franchisees and franchisor McDonald’s, USA, LLC, coined by some as the “Big Mac Attack”,…more

Franchises, Joint Employers, McDonalds, NLRA, NLRB

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Breaking Up is Hard to Do: Notifying Patients When a Physician Leaves

The University of Rochester Medical Center (“URMC”) recently agreed to pay a $15,000 penalty for providing patient names, addresses, and diagnoses to a departing nurse practitioner (“NP”) without first obtaining authorization…more

Confidential Information, Health Care Providers, HIPAA, PHI

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Tip Pooling Tax Implications—What Employers Need to Know

The sharing of tips is referred to as “tip pooling,” “tip splitting,” or “tip sharing.” For purposes of this discussion, we will refer to the sharing of tips as tip pooling. Tip pooling occurs generally in two forms. First,…more

Employer Liability Issues, Payroll Taxes, Restaurant Industry, Tip-Pooling, Tips

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U.S. Supreme Court Upholds Importation and Re-Sale of Gray Market Goods Manufactured Abroad

On March 19, 2013, in a decision eagerly awaited by the entertainment bar,1 the United States Supreme Court, in Kirtsaeng v. John Wiley & Sons, ruled that, under the First Sale Doctrine, a person who buys lawfully made…more

Copyright, First Sale Doctrine, Foreign Markets, Gray Market Goods, Imports

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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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Tax: Tax Considerations for Technology Licenses

The parties to licenses of technology should consider tax issues with such licenses. The following is a summary of some of the tax implications that may arise with regard to technology licenses…more

IP License, Royalties, Tangible Property, Withholding Tax

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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, LLC, Operating Agreements

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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 on employers, while granting additional rights to employees. This year is no exception. Although there is some…more

Discrimination, Fair Pay Act, Labor Commissioners, Minimum Wage, New Legislation

See All Updates »

Hospitals and Emergency Physicians in California Will Ring in the New Year with Revised Charity Care and Discount Payment Policies

You changed the batteries in your flashlights and smoke detectors, but did you revise your charity care and discount payment policies prior to the stroke of midnight on December 31, 2014? A new law, SB1276, took effect in…more

Affordable Care Act, Healthcare, Hospitals, Physicians

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Stormwater Permitting: July 1, 2015 Registration Deadline Approaches for Industrial Facilities

On July 1, 2015, new and existing industrial facilities throughout California with stormwater discharges will need a register for coverage under the new California Industrial General Permit (IGP). After 18 years, the California…more

General Permit, Industrial Stormwater Rule, No Exposure Certification (NEC), Storm Water, Stormwater Discharge Permits

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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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The Consumer Financial Protection Bureau (CFPB): The New Federal Landscape For Lenders and Servicers

Following the recession and financial crisis of the late 2000s, the “Bureau of Consumer Financial Protection”—commonly known as the Consumer Financial Protection Bureau (CFPB)—was created. Aimed at promoting “fairness and…more

CFPB, Compliance, Force-Placed Insurance, Lenders, Loans

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New HIPAA Rules Mean New Burdens and Opportunities for Lenders

As an increasing number of health care providers move to electronic health record systems, patient privacy is becoming a serious concern. On January 25, 2013, new regulations under the Health Insurance Portability and…more

Business Associates, Data Protection, HIPAA, Lenders, PHI

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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

See All Updates »

Pay or Play? What Employers Need to Know About the Affordable Care Act

- What does the Affordable Care Act (aka “Obamacare”) require of employers in 2014? Beginning January 1, 2014, every “large employer” will be subject to Affordable Care Act penalties if at least 95 percent of…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Pay or Play, Penalties

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California Supreme Court Eliminates Lender Defense to Borrower Fraud Claims

On January 14, the California Supreme Court issued its opinion in Riverisland Cold Storage v. Fresno-Madera Production Credit Assn., which takes away a lender defense to borrower fraud claims and will therefore have a…more

Appeals, Borrowers, Extensions, Forbearance Agreements, Fraud

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How to Aggressively Defend Against Lender Liability Lawsuits

Introduction - Following an economic downturn, lenders are inundated with lender liability suits typically based on purported promises to extend the maturity dates of loans, alter the terms of loan agreements, or to…more

Business Torts, Creditors, Debtor-Creditor, Debtors, Lenders

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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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Contact

1000 Wilshire Boulevard Suite 1500
Los Angeles, California 90017-2457, United States

  • (213) 891-0700
  • (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
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • Arizona
  • California
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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