Buchalter

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

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

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

See all updates »

Restoring Common Sense To Determining Who is a Tipped Employee. Case Summary: Marsh v. J Alexander’s

In Marsh v. J. Alexander’s, The Ninth Circuit issued a fundamentally important opinion supporting the hospitality industry nationwide. Specifically, the Ninth Circuit rejected the U.S. Department of Labor’s (“DOL”) disastrous…more

DOL, Employee Definition, Employer Liability Issues, Employment Litigation, FLSA

See all updates »

Client Sends Privileged Email From iPhone That Triggers Inadvertent Production Rule

Eight years ago the Second District Court of Appeal issued a decision establishing an attorney’s ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State Comp…more

Attorney-Client Privilege, Depositions, Discovery, Email, Privileged Communication

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 »

Are You Allowed to Jailbreak Your Car? As of Today, the Answer is Yes.

Modern automobiles are operated by dozens of computers, known as Electronic Control Units or ECUs, which control almost all of the main functions in a vehicle, including engine control, fuel efficiency, and breaking. The…more

Automotive Industry, Connected Cars, DMCA, Exemptions, NTIA

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

See all updates »

Upcoming Changes to Trademark Prosecution in the European Union

When seeking international protection for one’s trademarks, it can come as welcome news that one can file one trademark application to cover all countries in the European Union. Such trademark applications and registrations are…more

EU, Filing Fees, International Trademark Protection, OHIM, Trademark Application

See all updates »

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

See all updates »

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 - 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 »

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, DOL, Domestic Violence, Due Diligence

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 »

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 »

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 »

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, DOL, Domestic Violence, Due Diligence

See all updates »

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, DOL, Domestic Violence, Due Diligence

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 »

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

See all updates »

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

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 »

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

See all updates »

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 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 »

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 »

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

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 »

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

See all updates »

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

See all updates »

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

See all updates »

When Are Goods “Received” By Your Buyer?

Two 3rd Circuit courts issue recent decisions that significantly impact trade creditor claims in bankruptcy - When the Bankruptcy Code was amended in 2005, Congress included a new protection for trade creditors who sell goods…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debt Collection, Trade Credit

See all updates »

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, Uniform Commercial Code (UCC)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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 »

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 »

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

See all updates »

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

See all updates »

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

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 »

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA…more

Airspace, Drones, Federal Aviation Administration (FAA), Preemption, State and Local Government

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

See all updates »

Are You Ready for AB 72?

To protect patients from receiving an unexpected surprise bill when they seek care at in-network facilities from out-of-network providers, Governor Brown signed AB 72: California’s surprise out-of-network law. The new law limits…more

Cost-Sharing, Health Care Providers, Health Insurance, HMOs, Inpatient Billing

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 »

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 »

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

See all updates »

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

See all updates »

Are You Ready for AB 72?

To protect patients from receiving an unexpected surprise bill when they seek care at in-network facilities from out-of-network providers, Governor Brown signed AB 72: California’s surprise out-of-network law. The new law limits…more

Cost-Sharing, Health Care Providers, Health Insurance, HMOs, Inpatient Billing

See all updates »

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

See all updates »

Increase in Minimum Wages and New Paid Sick Leave Obligations that Certain California Employers Must Comply with as Early as July 1, 2016

Minimum Wage Increase for the City of Los Angeles and County of Los Angeles - Beginning on July 1, 2016, the minimum wage in the City of Los Angeles and any unincorporated area of Los Angeles County will increase to $10.50…more

Local Ordinance, Minimum Wage, Paid Leave, Sick Leave, Wage and Hour

See all updates »

OIG Finalizes New and Expanded Anti-Kickback Safe Harbors, Issues Guidance Regarding Nominal Gifts

In an uncertain health care environment following the presidential election, the Department of Health & Human Services Office of Inspector General (“OIG”) finalized a new rule expanding existing safe harbors to the federal…more

Ambulance Providers, Anti-Kickback Statute, Beneficiaries, Corporate Counsel, Cost-Sharing

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

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 »

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s business…more

Advertising, Celebrity Endorsements, Commercial Use, Copyright, Copyright Infringement

See all updates »

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

See all updates »

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

See all updates »

The Impacts of South Korean Hanjin Shipping Co Ltd. Filing for Court Receivership

South Korea’s Hanjin Shipping Co Ltd. filed for court receivership on Wednesday, August 31st in South Korea after losing the support of its banks, setting the stage for its assets to be frozen as West Coast ports deny access to…more

Commercial Bankruptcy, Creditors, Debtors, Due Process, Exports

See all updates »

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

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

See all updates »

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

See all updates »

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

See all updates »

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 »

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

See all updates »

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

See all updates »

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, Electronic Protected Health Information (ePHI), Encryption, HHS

See all updates »

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

See all updates »

When Are Goods “Received” By Your Buyer?

Two 3rd Circuit courts issue recent decisions that significantly impact trade creditor claims in bankruptcy - When the Bankruptcy Code was amended in 2005, Congress included a new protection for trade creditors who sell goods…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debt Collection, Trade Credit

See all updates »

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)

See all updates »

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, FTC, FTC Act, MLM Industry, Network Marketing Provider

See all updates »

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 »

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

See all updates »

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, DOL, Domestic Violence, Due Diligence

See all updates »

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

See all updates »

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

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

See all updates »

Intellectual Property Overview For Agribusiness

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1…more

Agribusiness, Confidential Information, Copyright, Defend Trade Secrets Act (DTSA), Intellectual Property Protection

See all updates »

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

See all updates »

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, DOL, Domestic Violence, Due Diligence

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

See all updates »

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

See all updates »

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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