Buchalter Nemer

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

  • (213) 891-0700
  • (213) 896-0400

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 - Summer 2013: The Entertainment Issue

In This Issue: - It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy - Clearance: Start Early and Avoid the Clutter - New Faces - Points from the President - The Ray…more

Advertising, Anti-SLAPP, Commercial Bankruptcy, Commingling, Copyright

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Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a Copy No Matter Where That Sale Occurred

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular copy…more

Copyright, Exclusive Right of Sale, First Sale Doctrine, Grey Market, Nestle

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Five Tips for Film Distributors and Other Licensees

The United States Copyright Act does not discriminate between two or more joint infringers, even if one infringer is found to be more “blameworthy”. As a result, distributors of copyrighted works must take special care to…more

Copyright, Copyright Infringement, The Copyright Act

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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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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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Got Medicare Billing Privileges? Are You Sure? Traps for the Unwary in Medicare Enrollment

To receive payment for items and services furnished to Medicare beneficiaries, a health care professional or facility must have approved Medicare billing privileges, which requires enrollment in the Medicare program. Failure to…more

Billing, CMS, Enrollment, Healthcare, Medicare

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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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U.S. Supreme Court’s Koontz Decision Seemingly Broadened Landowner Protection in the Realm of Regulatory Takings Law, While Leaving Several Intriguing Questions Unanswered

Most media coverage of the Supreme Court’s recently concluded term focused on cases dealing with marriage equality, affirmative action, and voting rights. In the noise created by that backdrop, a significant land use case…more

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Prepare for Q4 in the Summer

Typically, there is a lull in commercial real estate transactions during Q3, with summer vacations and other factors creating distractions. Nevertheless, given the likelihood that commercial real estate will experience a strong…more

Commercial Real Estate Market, Real Estate Market

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Drone Filmmaking and the Technological Power Shift

There is something stirring in the skies, and it’s about to turn the independent filmmaking world upside down. With this year’s arrival of accessible, affordable, and—most importantly—legal unmanned aircraft systems (UAS, or…more

Aircraft, Drones, Technology, Unmanned Aircraft Systems

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5 Things Every CMBA Member Should Know

A Loan Policy Of Title Insurance. It is required as part of every loan originated by members of the California Mortgage Bankers Association – or at least it should be. Title insurance is supposed to protect lenders and owners…more

Mortgages, Title Insurance

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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 Full Credit Bid at a Foreclosure Sale: Don’t Make One Without the Advice of Knowledgeable Counsel

While the Great Recession appears to be slowly receding, rising oil costs and other price increases threaten to choke off what had appeared to be an economic recovery. Accordingly, foreclosures may become more frequent in the…more

Competitive Bidding, Foreclosure, Full Credit Bid, Junior Lenders, Lenders

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U.S. Supreme Court’s Koontz Decision Seemingly Broadened Landowner Protection in the Realm of Regulatory Takings Law, While Leaving Several Intriguing Questions Unanswered

Most media coverage of the Supreme Court’s recently concluded term focused on cases dealing with marriage equality, affirmative action, and voting rights. In the noise created by that backdrop, a significant land use case…more

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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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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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Now Is The Time To Revise Your Business Associate Agreements and Notice of Privacy Practices

There is a lot of confusion among providers caused by therecent publication of new rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). On January 25, 2013, the HIPAA final omnibus rule (“Final…more

Business Associates, Compliance, Enforcement, HHS, HIPAA

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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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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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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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"Ban the Box" and Beyond: San Francisco Joins Growing List of Jurisdictions Restricting Employment-Related Criminal Record Inquiries

A nationwide “ban the box” movement seeks to restrict criminal history information that employers can obtain or use for employment purposes. The movement derives its name from a box on standard job application forms that asks…more

Ban the Box, Criminal Background Checks, EEOC

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Motor City Cruises Into Bankruptcy

On July 18, 2013, the City of Detroit, Michigan commenced a bankruptcy case under chapter 9 of the Bankruptcy Code as a result of over $18 billion dollars in accrued obligations and dwindling revenue sources. Since the…more

Chapter 9, Deficit Reduction, Detroit, Economic Downturn, Municipal Bankruptcy

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Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a Copy No Matter Where That Sale Occurred

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular copy…more

Copyright, Exclusive Right of Sale, First Sale Doctrine, Grey Market, Nestle

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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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California Amends Anti-Deficiency Laws

The California Legislature amended its major real estate anti­deficiency laws—Code of Civil Procedure §§580b and 580d—effective January 1, 2014. The amendments have been a subject of concern, but their objective, and likely…more

Anti-Deficiency Provisions, Real Estate Market

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Mediation or Arbitration: What’s the Difference?

When people disagree, they have choices on how to resolve their dispute. They can lawyer-up, file a lawsuit, and let a judge or jury decide who wins. They can also try to resolve the matter between themselves, they can engage in…more

Arbitration, 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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Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction

Federal antitrust laws prohibit hospital systems, like other businesses, from using a dominant market position to exclude competitors and restrain trade. Recently, e-mail communications exchanged between a hospital…more

Acquisitions, Antitrust Provisions, Email, Hospitals, Physicians

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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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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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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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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

See All Updates »

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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U.S. Supreme Court Grants Review of Restrictions on Federal Agency Rulemaking in Mortgage Loan Officer Overtime Case

In our July 2013 alert, we reported on a federal appellate court ruling in Mortgage Bankers Association v. Harris. Mortgage Bankers Association challenged a U.S. Department of Labor (DOL) 2010 opinion letter in support of…more

Administrative Procedure Act, Appeals, Classification, DOL, Employer Liability Issues

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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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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

See All Updates »

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
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Locations
Other U.S. Locations
  • Arizona
  • California
Number of Attorneys

100+ Attorneys

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