Farella Braun + Martel LLP

235 Montgomery Street 17th floor
San Francisco, California 94104, United States

  • (415) 954-4400
  • (415) 954-4480

Revisiting Estate Planning Post-DOMA

The Supreme Court issued decisions in two landmark cases involving same-sex marriage on June 26, 2013. In United States v. Windsor, the Court held Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional, which…more

DOMA, ERISA, Estate Planning, Estate Tax, Marriage

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New San Francisco Ordinance Requires Employers To Discuss Family Life Accommodations

Effective January 1, 2014, the San Francisco Friendly Workplace Ordinance will provide employees working within City and County limits a specified method to request flexible work schedules or other accommodations to help the…more

Flexible Work Arrangements, Local Ordinance

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San Francisco Takes Steps to Rationalize the CEQA Process

BOARD OF SUPERVISORS ADOPTS NEW CEQA APPEAL PROCEDURES - After nearly a year of effort (and after three previous unsuccessful tries by others), San Francisco Supervisor Scott Wiener crafted a California Environmental…more

CEQA, Environmental Claims, Environmental Policies, Environmental Review, Local Ordinance

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Best Practices for Internet Security

As privacy and online security become a growing concern, we would like to remind you of a few computer and Internet security tips and best practices to keep you, your family and your personal information safe…more

Cybersecurity, Data Protection, Email, Hackers, Passwords

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Developing Renewable Energy Projects on Brownfields: Mitigating Enivronmental Risks & Liabilities

“Greenfield” utility-scale renewable energy projects have generated both considerable praise and criticism. Government agencies and the public generally applaud efforts to generate renewable energy, while at the same time,…more

Brownfield Properties, Renewable Energy, Utilities Sector

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Employers May Require Exempt Employees to Use Accrued Leave for Absences Shorter Than Half a Day

On July 21, 2014, a California Court of Appeal held that overtime exempt status is not undermined by requiring employees to use accrued leave for absences of less than half a day…more

Appeals, Employer Liability Issues, Exempt-Employees, Paid Leave, Unpaid Leave

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Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement of…more

DOJ, Exclusion Orders, Infringement, Injunctions, ITC

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What Businesses Need to Know About Earthquake Insurance

Last month’s Napa earthquake served as a wake-up call for everyone in the Greater Bay Area. It was a reminder that the odds of an even more damaging earthquake in Northern California over the next 20 years are high. Businesses…more

Earthquake Insurance, Earthquakes

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NLRB Limits Employers’ Ability to Restrict Employee Email Use During Nonworking Time, Reversing Precedent

The National Labor Relations Board (the “Board”) overruled its precedent this week by holding that employee use of e-mail for collective action communications during nonworking time must presumptively be permitted where…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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San Francisco Takes Steps to Rationalize the CEQA Process

BOARD OF SUPERVISORS ADOPTS NEW CEQA APPEAL PROCEDURES - After nearly a year of effort (and after three previous unsuccessful tries by others), San Francisco Supervisor Scott Wiener crafted a California Environmental…more

CEQA, Environmental Claims, Environmental Policies, Environmental Review, Local Ordinance

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Best Practices for Public-Private Partnerships

Public-private partnerships (“P3s”) for public infrastructure are likely to become more prevalent due to necessity if nothing else. In anticipation of this uptick in P3s, this article examines “best practices” for public…more

Construction Contracts, P3s, Public-Private Partnerships, Transparency

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Superstorm Sandy: Financial Loss May Be Covered Even Without Property Damage

We hope your business did not sustain any direct property damage. Even if that’s the case, do not fail to consider that you may have insurance coverage for financial losses caused by the storm…more

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Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company of…more

Anti-Stacking Provisions, Asbestos, Asbestos Litigation, Bodily Injury, Liability

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Six IRS Rules to Follow for Year-End Gifts to Charity

The holiday season is often a time for charitable gift giving. Here is a list of tax rules to follow to ensure your charitable deduction is respected by the IRS: - Qualified Charities. You can only deduct gifts to…more

Charitable Donations, IRS, Year-End Planning, Year-End Tax Planning

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US Supreme Court Holds cDNA Patent Eligible, but Isolated DNA Not

On June 13, the United States Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The case concerned whether claims drawn to isolated DNA and cDNA were patent…more

AMP v Myriad, DNA, Gene Patenting, Human Genes, Myriad

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Recent Developments in California Bad Faith Law and Related Trends

On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s…more

Bad Faith, Breach of Duty, Duty to Defend

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Revisiting Estate Planning Post-DOMA

The Supreme Court issued decisions in two landmark cases involving same-sex marriage on June 26, 2013. In United States v. Windsor, the Court held Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional, which…more

DOMA, ERISA, Estate Planning, Estate Tax, Marriage

See All Updates »

Court Finds Coverage For Settlement Of Restitution Claim

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even if…more

Indemnity Claim, Insurers, Public Policy, Restitution, Settlement

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EPA Issues Final Rule Clarifying CERCLA’s “All Appropriate Inquiry” Standard

The U.S. Environmental Protection Agency has at long last issued a Final Rule which provides clarification to prospective purchasers of contaminated property regarding the standards and practices that are to be used for…more

CERCLA, Contaminated Properties, Environmental Site Assessment, EPA, Final Rules

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Second Circuit Confirms HathiTrust Digital Library's Full-Text Search Constitutes Fair Use in Copyright Case

Last week, the Second Circuit issued its decision in the closely watched Authors Guild, Inc. et al. v. HathiTrust et al. copyright infringement case. At issue was whether the use of copyrighted material in the HathiTrust…more

Authors Guild, Books, Copyright, Copyright Infringement, Fair Use

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Halliburton Decision May Drive Up Litigation Costs and Impact Settlement

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. is not the game changer for securities litigation that some hoped for, but D&O insurers will be keeping a close eye on securities cases to…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Case Allows Parties To Substantially Reduce Ten Year Statutory Exposure

In a case of first impression, the First Appellate District recently affirmed a judgment holding that standard AIA contract language, providing that all causes of action relating to the contract work accrue from the date of…more

Construction Defects, Contract Drafting, Discovery Rule, Statute of Limitations

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California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training…more

Bullying, Harassment, Sexual Harassment, Training, Workplace Bullying

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Growers Can Lien on Distressed Wineries

A lot goes into the making of great wine, and when a winery becomes financially unstable, there are a lot of competing interests that need to be satisfied, including the banks that provide the winery with financing, the growers…more

Farms, Licenses, Liens, Perfected Security Interest, Secured Debt

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Revisiting Estate Planning Post-DOMA

The Supreme Court issued decisions in two landmark cases involving same-sex marriage on June 26, 2013. In United States v. Windsor, the Court held Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional, which…more

DOMA, ERISA, Estate Planning, Estate Tax, Marriage

See All Updates »

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based…more

Athletes, Electronic Arts, First Amendment, Free Speech, NCAA

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Federal Circuit Issues Decision on Section 101 Patent Eligibility of Computer-Implemented Inventions

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per…more

CLS Bank, CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Patents

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New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January 11,…more

Employer Liability Issues, Jerry Brown, Labor Code, Labor Contractor, New Legislation

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Accessing The D&O Liability Coverage of a Bankrupt Corporation

An automatic stay in bankruptcy prevents anyone from accessing the property of the debtor estate, including the directors’ and officers’ liability (D&O) policies which insure individual directors and officers of the estate as…more

Commercial Bankruptcy, D&O Insurance, Professional Liability

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Six IRS Rules to Follow for Year-End Gifts to Charity

The holiday season is often a time for charitable gift giving. Here is a list of tax rules to follow to ensure your charitable deduction is respected by the IRS: - Qualified Charities. You can only deduct gifts to…more

Charitable Donations, IRS, Year-End Planning, Year-End Tax Planning

See All Updates »

Best Practices for Internet Security

As privacy and online security become a growing concern, we would like to remind you of a few computer and Internet security tips and best practices to keep you, your family and your personal information safe…more

Cybersecurity, Data Protection, Email, Hackers, Passwords

See All Updates »

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto patented…more

Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion

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New Laws Bring California into Alignment with U.S.

Starting in 2012, a variety of new laws passed that directly affect California businesses. There were new filing requirements for exempt securities offerings involving real estate, changes to the rights of dissenting…more

Compliance, JOBS Act, LLC, Offerings, Securities

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Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties…more

Attorney-Client Privilege, Discovery, Evidence, Expert Witness, Infringement

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Congress Approves Tax Extension Bill

TWO WEEKS ONLY! SAVE NOW! Congress has finally approved the extenders bill in what is widely viewed as terrible tax policy, but a welcome holiday gift nonetheless. The Tax Increase Prevention Act of 2014 extended a…more

Appropriations Bill, Charitable Donations, Corporate Taxes, Energy Projects, Energy Tax Incentives

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NLRB Limits Employers’ Ability to Restrict Employee Email Use During Nonworking Time, Reversing Precedent

The National Labor Relations Board (the “Board”) overruled its precedent this week by holding that employee use of e-mail for collective action communications during nonworking time must presumptively be permitted where…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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The California Supreme Court Loosens Restrictions On Internet Retailers

Attempting to strike a balance between the competing concerns of privacy and fraud protection, the California Supreme Court ruled yesterday that the Song-Beverly Credit Card Act does not apply to online retailers that collect…more

Apple, Class Action, Credit Cards, Internet, Internet Retailers

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New Accessibility Disclosure Requirements for Commercial Landlords in 2013

The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San…more

Accessibility Rules, CASp, Commercial Leases, Disclosure Requirements, Landlords

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US Supreme Court Holds cDNA Patent Eligible, but Isolated DNA Not

On June 13, the United States Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The case concerned whether claims drawn to isolated DNA and cDNA were patent…more

AMP v Myriad, DNA, Gene Patenting, Human Genes, Myriad

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The Napa Earthquake: Now Is The Time To Think About Insurance Coverage

In the aftermath of this weekend’s earthquake, we at Farella Braun + Martel would like to offer our insights. If you have a business that was affected by the earthquake, now is the time to look at your insurance policies, even…more

Earthquakes, Property Damage, Property Insurance

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New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January 11,…more

Employer Liability Issues, Jerry Brown, Labor Code, Labor Contractor, New Legislation

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California Adopts New General Industrial Storm Water Permit

On April 1, 2014, after 12 years of drafts, public comments and deliberations, the California State Water Resources Control Board (“State Board”) adopted a new General Industrial Storm Water Permit (“General Permit”), which will…more

Department of Water Resources, Industrial Stormwater Rule, Storm Water

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Public-Private Partnerships in California - Part II

Current funding levels for public infrastructure in the United States are inadequate. Existing infrastructure is crumbling due to long-deferred maintenance and new infrastructure needed by the public is not being built. …more

Infrastructure, P3s, Public-Private Partnerships

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EPA Issues Final Rule Clarifying CERCLA’s “All Appropriate Inquiry” Standard

The U.S. Environmental Protection Agency has at long last issued a Final Rule which provides clarification to prospective purchasers of contaminated property regarding the standards and practices that are to be used for…more

CERCLA, Contaminated Properties, Environmental Site Assessment, EPA, Final Rules

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New San Francisco Law Restricts Employers’ Use of Criminal Background Checks

San Francisco’s recently enacted Fair Chance Ordinance (a.k.a., the “Ban-the-Box Ordinance”) limits the use of criminal history information in pre-employment screening by San Francisco employers, contractors, and affordable…more

Background Checks, Ban the Box, Criminal Background Checks, Job Applicants

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San Francisco Takes Steps to Rationalize the CEQA Process

BOARD OF SUPERVISORS ADOPTS NEW CEQA APPEAL PROCEDURES - After nearly a year of effort (and after three previous unsuccessful tries by others), San Francisco Supervisor Scott Wiener crafted a California Environmental…more

CEQA, Environmental Claims, Environmental Policies, Environmental Review, Local Ordinance

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Setting Up a Successful Negotiation Regarding “2860 Rates”

“The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the…more

Attorney's Fees, Duty to Defend, Independent Counsel, Insurers, Negotiations

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Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To Ninth Circuit

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class…more

Audio Recording, CIPA, Class Action, Class Certification, Customer Service Calls

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Growers Can Lien on Distressed Wineries

A lot goes into the making of great wine, and when a winery becomes financially unstable, there are a lot of competing interests that need to be satisfied, including the banks that provide the winery with financing, the growers…more

Farms, Licenses, Liens, Perfected Security Interest, Secured Debt

See All Updates »

Second Circuit Confirms HathiTrust Digital Library's Full-Text Search Constitutes Fair Use in Copyright Case

Last week, the Second Circuit issued its decision in the closely watched Authors Guild, Inc. et al. v. HathiTrust et al. copyright infringement case. At issue was whether the use of copyrighted material in the HathiTrust…more

Authors Guild, Books, Copyright, Copyright Infringement, Fair Use

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The Devil Wears Trademark: How The Fashion Industry Has Expanded Trademark Doctrine To Its Detriment

I. INTRODUCTION - Over the past decade, the uncertainty of fashion’s status as protectable intellectual property has generated enormous controversy. It is no wonder: in 2011, apparel sales in the United States amounted to…more

Fashion Industry, Logos, Trademarks

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Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

100+ Attorneys

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