Buchalter Nemer

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
| Bankruptcy, Elections & Politics, Intellectual Property, Labor & Employment Law, Real Estate - Residential

Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

In order to confirm a chapter 11 plan, at least one class of creditors whose claims are “impaired” must accept the plan. The concept of “impairment” is very broad. Under the Bankruptcy Code, a class of claims is impaired unless…more
| Bankruptcy, Commercial Law & Contracts

The Supreme Court Clarifies Standard For Attorney Fee Awards In Copyright Cases

Copyright infringement litigation has been on the rise in recent years, particularly in the Central District of California, with the apparel industry feeling the brunt of this uptick. In a typical case, a plaintiff alleges the…more
| Civil Procedure, Civil Remedies, Intellectual Property

Truth-In-Lending Act Rescission Part I: Why The U.S. Supreme Court’s Jesinoski Opinion Does Not Defeat The Statute of Limitations

Before the United States Supreme Court opinion in Jesinoski v. Countrywide Home Loans, Inc. (2015) __ U.S. __, 135 S.Ct. 790, the law in the Ninth Circuit was that a borrower who sought to exercise a conditional right of…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

The Concept Of Independent Contractor Is Under Assault— Especially In California

The traditional working classification of independent contractor, as we have known it, may soon go the way of the dinosaur, the horseless carriage, and the telegraph. Although perhaps your gardener, pool man or family accountant…more
| Labor & Employment Law

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
| Civil Rights, Criminal Law, Military Law

Protection from Wage and Hour Class Action Lawsuits  [Video]

Robert Cooper discusses the importance of understanding recent trends in wage and hour class action lawsuits in order to protect your company…more
| Labor & Employment Law

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
| Civil Rights, Commercial Law & Contracts, Franchise Law, Labor & Employment Law

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
| Labor & Employment Law

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
| Commercial Law & Contracts, Finance & Banking, Intellectual Property, Science, Computers, & Technology, Securities Law

Time to Act - Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL…more
| Labor & Employment Law

FAA Releases New Commercial Drone Regulations, Section 333 Exemption Holders Get “Grandfathered” Compliance Status

Today, the Federal Aviation Administration (“FAA”) announced the finalization of its long-awaited Final Rule governing routine commercial operation of unmanned aircraft systems weighing 55 lbs. or less. The new 14 C.F.R. Part…more
| Transportation

Anti-Money Laundering & Bank Secrecy Act [Video]

Cheryl Lott, Esq. discusses recent events surrounding the Anti-Money Laundering and Bank Secrecy Act and the Know Your Customer or KYC process…more
| Finance & Banking

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
| Bankruptcy, Civil Procedure, Finance & Banking

A Good Deed Never Goes Unpunished When Applying California’s Wage Order Rules on Scheduling Rest Breaks

California courts continue to strictly enforce the State’s meal and rest break laws. A recent case highlights the importance of adopting statutorily appropriate employee rest break procedures. In Rodriguez v. E.M.E., Inc.,…more
| Labor & Employment Law
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