Buchalter Nemer

Katy Perry Faces Choppy Waters: Left Shark Trademark Refused!

Katy Perry runs into trademark trouble in her attempt to register a “Left shark” design mark. Here’s what happened and what you can do to avoid a similar fate. To the merriment of Left Shark fans everywhere, Katy Perry…more

Entertainment Industry, Katy Perry, Music, Music Industry, Popular

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Insolvency: What Every Technology Company Needs to Know About Claims Against Bankrupt Customers And Business Partners

Every year, otherwise successful technology companies lose untold sums of money and valuable intellectual property rights because they do not act when a customer or business partner files for bankruptcy protection. Far less…more

Commercial Bankruptcy, Insolvency, Proof of Claims, Technology

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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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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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Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012…more

Disability, Disability Leave, Discrimination, Health Insurance, Notice Requirements

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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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Insolvency: What Every Technology Company Needs to Know About Claims Against Bankrupt Customers And Business Partners

Every year, otherwise successful technology companies lose untold sums of money and valuable intellectual property rights because they do not act when a customer or business partner files for bankruptcy protection. Far less…more

Commercial Bankruptcy, Insolvency, Proof of Claims, Technology

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OIG to Review Medicare Payments to Providers for Outpatient IMRT

Take note, hospitals and other outpatient facilities that bill Medicare for outpatient intensity-modulated radiation therapy (“IMRT”): The Department of Health and Human Services Office of Inspector General (the “OIG”) is…more

Healthcare, Healthcare Facilities, Hospitals, Medicare, OIG

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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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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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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

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Real Estate: An Introduction to Leasing For Start-Ups

Now that you have decided to rent “real” space and pay rent to a landlord in an office building, what are the basic terms you need to know about? Whether you are doing “desk sharing” or a more formal lease, focus on five things…more

Commercial Leases, Entrepreneurs, Letter of Intent, Startups

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FAA Releases Proposed Rules for Commercial Drones; White House Launches Drone Privacy Policy

On February 15, 2015, the Federal Aviation Administration published its highly anticipated Notice of Proposed Rulemaking (NPRM) on the Operation and Certification of Small Unmanned Aircraft Systems (applicable to UAS weighing 55…more

Airspace, Commercial Use, Drones, FAA, Licensing Rules

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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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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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Just When You Thought You Were Out, They Pull You Back In

It is a rare occasion for a secured lender to foreclose on collateral with a value in excess of the entire debt owed, particularly following a bankruptcy filing by the borrower, but on that rare occasion the lender should heed…more

Attorney's Fees, Automatic Stay, Commercial Bankruptcy, Foreclosure, Jurisdiction

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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, Personally Identifiable Information, Secured Lenders, UCC

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The Limits to Title Insurance Protection and the Advantages of Escrow Instructions

I. Introduction - It is difficult to imagine a substantial real estate transaction which does not have title insurance coverage and an escrow agent, although one can occur at times. Unfortunately, many of the beliefs…more

Escrow Instructions, Real Estate Transfers, Title Insurance

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California’s Water Anxiety Prompts Landmark Groundwater Legislation

In an effort to balance depleted groundwater supplies amid record drought conditions, Governor Jerry Brown signed three bills on September 17, 2014 designed to regulate groundwater aquifers throughout California. The landmark…more

Drought, Groundwater, Jerry Brown, New Legislation

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Risk Taking in the Provider World: Is a Knox-Keene Plan a Good Strategic Move For You?

Reimbursement for health care services in California continues its shift toward capitation, resulting in health care providers increasingly forming their own health plans under the Knox Keene Health Care Service Plan Act (the…more

Health Insurance Exchanges, Healthcare, Knox Keene, Licenses, Medicare

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Insolvency: What Every Technology Company Needs to Know About Claims Against Bankrupt Customers And Business Partners

Every year, otherwise successful technology companies lose untold sums of money and valuable intellectual property rights because they do not act when a customer or business partner files for bankruptcy protection. Far less…more

Commercial Bankruptcy, Insolvency, Proof of Claims, Technology

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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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FAA Requires New Integrated Model for Noise and Air Quality Impact Analysis

In a marked change in longtime Federal Aviation Administration (“FAA”) policy regarding analysis of noise and air quality impacts from FAA initiated, directed or funded projects, FAA has substituted a single new model for the…more

Aircraft, Airspace, FAA

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AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less?

On the way to authorizing direct access to physical therapy, the California legislature may have broadly loosened the restrictions on numerous business arrangements imposed by California’s corporate practice ban. AB 1000, which…more

Healthcare, Healthcare Professionals, Patient Self-Referral, Patients, Physical Therapists

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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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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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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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Telemedicine Providers Need to Keep Up with State Laws

Tech-savvy health care providers and tech-savvy patients in California can be grateful for California’s policies regarding telehealth practices. Consider the turmoil in Texas: telehealth practitioners who want to treat…more

Health Care Providers, Healthcare, In-Person Exam, Physicians, Prescription Drugs

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The Supreme Court Prohibits Chapter 7 Debtors From Stripping Off Wholly Underwater Liens in Bankruptcy

On June 1, 2015, the United States Supreme Court in Bank of America, N.A. v. Caulkett, 575 U.S. ____ (2015), unanimously held that a Chapter 7 debtor cannot strip off wholly “underwater” liens secured by the debtor’s property…more

Bank of America v. Caulkett, Chapter 11, Chapter 7, Consumer Bankruptcy, Creditors

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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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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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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. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or…more

Advertising, Blogs, Celebrity Endorsements, FTC, FTC Endorsement Guidelines

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Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped…more

Bodily Injury, Damages, MICRA

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Intellectual Property: Crowdfunding and Confidentiality for Tech Start-Ups

I recently attended Launch Festival 2015 in San Francisco and Angel Launch’s LaunchFEST Mixer: Doing Deals with Silicon Valley—Attracting Funding, Angels, and Tech Trends in downtown Los Angeles. The events were very different…more

Confidential Information, Crowdfunding, Entrepreneurs, Financing, Popular

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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, New Legislation, Secured Lenders

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How to Ensure You Are CASL Compliant

On July 1, 2014, the Canada Anti-Spam Legislation of 2014 (“CASL”) came into effect. If you are sending marketing emails or other electronic messages to people in Canada, you need to be aware of the new rules to avoid…more

Anti-Spam Legislation, Canada, CASL, Spam

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Should Court Approval Be Required to Engage in Mediation?

Alternate Dispute Resolution is an accepted alternative to litigation, consists primarily of arbitration and mediation. Arbitration involves the disputing parties presenting their arguments to a mutually agreed upon neutral…more

Bankruptcy Court, Mediation

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California Supreme Court Rules that Employers Are Entitled to Include Class Action Waivers in Arbitration Agreements

In a welcome development for California businesses, the California Supreme Court issued a favorable ruling on June 23, 2014, holding that California law permits employers to require employees to sign arbitration agreements with…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employer Liability Issues

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SCOTUS Upholds Obamacare (again)

Justice Roberts delivered the opinion of the U.S. Supreme Court today in King v. Burwell. In a 6 to 3 decision, the Court upheld an interpretation of the Affordable Care Act which permits premium tax credits for individuals…more

Affordable Care Act, Chevron Deference, Health Insurance Exchanges, King v Burwell, SCOTUS

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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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Wireless Site Applications: It's My Party (the FCC) and I'll Decide How I Want To

When a Federal statute is ambiguous, who gets to decide what it means — judges or the agency in charge of administering the statute? In its recent holding in City of Arlington v. Federal Communications Commission issued earlier…more

City of Arlington v FCC, FCC, SCOTUS, Statutory Interpretation, Telecommunications

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Why Cyber Security?

• Electronic data and credit card information can be compromised due to malware, phishing, spear phishing, data loss and data theft • The risk of cyber liability is real for ALL enterprises whether large or…more

Cyber Insurance, Cybersecurity, Data Protection, Employer Liability Issues

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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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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, Charity Care Policies, 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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Labor/Employment: Complying with the New Paid Sick Leave Laws

Technology companies should be aware that a growing number of jurisdictions in California are requiring companies to provide paid sick leave to their employees. These laws are applicable to companies of all sizes that have…more

Employer Mandates, Human Resources Professionals, Paid Leave, Sick Leave

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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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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, Lender Liability

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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

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