Farella Braun + Martel LLP

Final Regulations Provide Guidance for Private Foundations Making Foreign Grants

When making grants to foreign organizations, private foundations must conduct costly and time-consuming expenditure responsibility, unless the foundation makes a good faith determination that the foreign organization is…more

Charitable Donations, Cross-Border Transactions, Equivalency Determinations, Foreign Entities, Grants

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Cybersecurity and Data Breaches: How In-House Counsel Can Engage the Board

A company's board of directors has a duty to oversee all aspects of the company's risk management efforts. This includes a duty to recognize and minimize the company's exposure to cyber attacks. In today's increasingly digital…more

Board of Directors, Corporate Counsel, Cyber Attacks, Cyber Insurance, Cybersecurity

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Five Considerations Before Selling a Vineyard or Winery

Whether to sell a vineyard or winery is one of the most significant decisions an owner will make. There are financial, career, lifestyle, and other factors that go into the choice, and the calculation is different for each…more

Appraisal, Corporate Taxes, Disclosure Requirements, Easements, Post-Closing Rights

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U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers (Corps),…more

Administrative Appeals, Administrative Procedure Act, Certiorari, Clean Water Act, EPA

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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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California Supreme Court Strengthens CEQA’s Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, a case with important implications for developers and public agencies on a wide variety of projects. The…more

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California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in California…more

Affordable Housing, CA Supreme Court, California Building Industry Association (CBIA), Fifth Amendment, Inclusionary Housing Ordinance

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Williamson Decision Will Encourage Patent Defendants to Challenge Software Claims

In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements for…more

Appeals, Covered Business Method Proceedings, En Banc Review, Functionality, Inter Partes Review Proceedings

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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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Major League Baseball Is Exempt From The Antitrust Laws – Like It Or Not: The “Unrealistic,” “Inconsistent,” And “Illogical” Antitrust Exemption For Baseball That Just Won’t Go Away.

The Athletics baseball team has been located in Oakland, California for many years. Several years ago, the A’s decided they would like to move their franchise to San Jose, which they anticipate would be a more profitable…more

Antitrust Provisions, Antitrust Violations, Baseball, Exemptions, MLB

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Autonomous Vehicles - How Will Regulators Keep Up With The Technology?

On December 16, 2015, the California Department of Motor Vehicles (CA DMV) issued draft regulations for the deployment (not just testing) of autonomous vehicles. When adopted, they may be the first such regulations in the…more

Auto Insurance, Auto Manufacturers, Connected Cars, DMV, Innovation

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Williamson Decision Will Encourage Patent Defendants to Challenge Software Claims

In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements for…more

Appeals, Covered Business Method Proceedings, En Banc Review, Functionality, Inter Partes Review Proceedings

See All Updates »

Winery Equity Crowdfunding Raises Opportunities, Risks

Many are familiar with the rewards-based model of crowdfunding popularized by websites like Kickstarter and Indiegogo. The basic idea is that a group of individuals — the “crowd” — contributes funds to a company or project in…more

Crowdfunding, Funding Portal, Material Misstatements, Public Disclosure, SEC

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New California Law Allows Employers to Cure Two Wage Statement Violations Within Limited Period

Governor Jerry Brown has signed into law AB 1506, a bill that will allow employers to cure two types of technical itemized wage-statement violations to avoid the risk of costly Private Attorneys General Act (“PAGA”) suits. This…more

Employer Liability Issues, Governor Brown, Labor Law Violations, New Legislation, PAGA

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FAST Act Amendments to Securities Laws Improve Access to Capital Markets

The new Fixing America’s Surface Transportation Act (FAST Act) builds upon several securities laws contained in the Jumpstart Our Business Startups Act (JOBS Act), the 2012 law that sought to expand and ease capital raising by…more

Capital Markets, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Form S-1, Initial Public Offerings

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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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What the Toxic Substances Control Act Overhaul Means to Manufacturers

The U.S. Senate passed the long-pending bill (S. 697) to overhaul the Toxic Substances Control Act, which will bolster the government’s power to regulate a wide variety of chemicals. The practical effect of the Frank R…more

Chemicals, EPA, Manufacturers, Public Health, Public Safety

See All Updates »

Maximizing Homeowner Insurance Coverage Benefits After a Fire

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met. When you are ready to begin the recovery process, we have outlined three steps…more

Fire Damage, Homeowner's Insurance

See All Updates »

Protect Your Wine Business Against Data Security Breaches and Other Cyber Risks

When asked who should buy cyber insurance, one expert responded, “more companies than realize it.” The truth is, almost every company in the country collects its customers’ or its employees’ Personally Identifiable Information…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, Data Security

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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

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Insurer Must Still Defend Even if Covered Claims Are Dismissed

We encounter the following scenario from time to time: The defense counsel just scored a big victory, knocking out a key cause of action. The only problem is—the carrier now says that claim was the only covered cause of action,…more

Appeals, Commercial Insurance Policies, Covered Claims, Dismissals, Duty to Defend

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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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Insurance for Emerging Companies: Understand the Application You Are Signing

This is the second post in our series regarding coverage issues affecting emerging companies. This post addresses the insurance application process. The application is a critical part of the process because insurance companies…more

Commercial Insurance Policies, Corporate Liability, D&O Insurance, Emerging Growth Companies, Errors and Omissions Policy

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Density Bonus Comes to San Francisco

In the face of runaway housing costs, San Francisco is proposing to implement the state “density bonus” law. First adopted by the California legislature thirty-six years ago, the state law (California Government Code Section…more

Affordable Housing, Density Bonus, Urban Planning & Development, Zoning Laws

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What the Toxic Substances Control Act Overhaul Means to Manufacturers

The U.S. Senate passed the long-pending bill (S. 697) to overhaul the Toxic Substances Control Act, which will bolster the government’s power to regulate a wide variety of chemicals. The practical effect of the Frank R…more

Chemicals, EPA, Manufacturers, Public Health, Public Safety

See All Updates »

What Every Prospective Nonprofit Board Member Needs to Know

You have been asked to serve on the board of a nonprofit organization. Should you accept? Prospective board members should carefully consider an invitation to join a board. Before accepting, a potential board member should…more

Board of Directors, Due Diligence, Non-Profits

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California’s New Voidable Transactions Act

California’s recently enacted Uniform Voidable Transactions Act (UVTA), makes it easier for creditors to recover assets that are transferred to third parties when a debtor is insolvent, even when there is no improper intent by…more

Creditors, Debtors, Fraudulent Transfers, Insolvency, Preponderance of the Evidence

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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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California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or…more

Bay Area Air Quality Management District, CA Supreme Court, California Building Industry Association (CBIA), CEQA, Environmental Impact Report

See All Updates »

CPA-Client Privilege Doesn't Extend to Criminal Proceedings

It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial…more

Accountants, Audits, Confidential Communications, CPAs, Criminal Prosecution

See All Updates »

ITC Has No Jurisdiction to Block Infringing “Electronic Transmissions”

On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies…more

ALJ, Chevron Deference, Copyright, Electronic Data Transmissions, ITC

See All Updates »

FAST Act Amendments to Securities Laws Improve Access to Capital Markets

The new Fixing America’s Surface Transportation Act (FAST Act) builds upon several securities laws contained in the Jumpstart Our Business Startups Act (JOBS Act), the 2012 law that sought to expand and ease capital raising by…more

Capital Markets, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Form S-1, Initial Public Offerings

See All Updates »

California to Enact Strongest Equal Pay Law in Nation

On August 31, 2015, the California Legislature overwhelmingly passed SB 358, the “Fair Pay Act,” in an effort to close the wage gap that exists between men and women. According to the legislative findings, in 2014 women in…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, DLSE, Equal Pay, Fair Pay Act

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Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss, or…more

Commercial Insurance Policies, D&O Insurance, Excess Policies, Exclusionary Clauses, False Advertising

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Permanent Charitable IRA Rollover

Congress recently made permanent the IRA charitable rollover. Individuals over age 70½ can make lifetime gifts, up to $100,000 per year, to qualified public charities from their individual retirement accounts (IRAs). To qualify…more

Charitable Deductions, Family Businesses, Gift-Tax Exemption, IRA, IRA Rollovers

See All Updates »

CPA-Client Privilege Doesn't Extend to Criminal Proceedings

It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial…more

Accountants, Audits, Confidential Communications, CPAs, Criminal Prosecution

See All Updates »

Year-End Checklist for Tax-Exempt Organizations

As the holidays approach and 2015 comes to a close, Officers and Directors are well advised to confirm that important year-end responsibilities have been addressed. Even if your organization has a fiscal year end other than…more

1099s, Annual Meeting, Board of Directors, Filing Requirements, Tax Exempt Entities

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Teva Decision Will Be Felt in Future Patent Claim Construction Hearings

On January 20, 2015, the Supreme Court issued its opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Case No. 13-854), which changed the level of deference the Federal Circuit must show to district court claim…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation

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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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Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete in a…more

Android, Antitrust Violations, Arbitration, Business Partners, Choice-of-Law

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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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Arsenic in Wine: What You Need to Know About the Class Action Claims

What is the Doris Charles, et al. v. The Wine Group, et al., No. BC576061 (Cal. Sup. Ct., Los Angeles County) lawsuit? A lawsuit filed last week as a class action against wineries, wine distributors and wine retailers…more

Class Action, Class Certification, EPA, Food Safety, Proposition 65

See All Updates »

ITC Has No Jurisdiction to Block Infringing “Electronic Transmissions”

On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies…more

ALJ, Chevron Deference, Copyright, Electronic Data Transmissions, ITC

See All Updates »

CPA-Client Privilege Doesn't Extend to Criminal Proceedings

It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial…more

Accountants, Audits, Confidential Communications, CPAs, Criminal Prosecution

See All Updates »

High Fire Season Followed by El Nino Sets California Policyholders on Collision Course With Property Insurers

Regular readers of the San Francisco Chronicle saw two familiar headlines in the September 10, 2015 issue of that paper. The first – “Northern California wildfire explodes in size”[1] – would not have been unusual on any summer…more

Flooding, Homeowner's Insurance, Loss Causation, Mudslides, Policy Exclusions

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Final Regulations Provide Guidance for Private Foundations Making Foreign Grants

When making grants to foreign organizations, private foundations must conduct costly and time-consuming expenditure responsibility, unless the foundation makes a good faith determination that the foreign organization is…more

Charitable Donations, Cross-Border Transactions, Equivalency Determinations, Foreign Entities, Grants

See All Updates »

CPA-Client Privilege Doesn't Extend to Criminal Proceedings

It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial…more

Accountants, Audits, Confidential Communications, CPAs, Criminal Prosecution

See All Updates »

Pro Bono Q&A: How One Law Firm Is Helping a California City Curb Gun Violence

A JD Supra Pro Bono Profile: Q&A with Farella Braun + Martel partner Tony Schoenberg about his work related to a Sunnyvale, Calif., ordinance that bans the possession of large-capacity gun magazines…more

Firearms, Gun Laws, Municipalities, NRA, Pro Bono

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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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Protect Your Wine Business Against Data Security Breaches and Other Cyber Risks

When asked who should buy cyber insurance, one expert responded, “more companies than realize it.” The truth is, almost every company in the country collects its customers’ or its employees’ Personally Identifiable Information…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, Data Security

See All Updates »

U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers (Corps),…more

Administrative Appeals, Administrative Procedure Act, Certiorari, Clean Water Act, EPA

See All Updates »

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing…more

Adjustment Disorder, California Family Rights Act (CFRA), Disability Discrimination, Disability Leave, FEHA

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Arsenic in Wine: What You Need to Know About the Class Action Claims

What is the Doris Charles, et al. v. The Wine Group, et al., No. BC576061 (Cal. Sup. Ct., Los Angeles County) lawsuit? A lawsuit filed last week as a class action against wineries, wine distributors and wine retailers…more

Class Action, Class Certification, EPA, Food Safety, Proposition 65

See All Updates »

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, Public Private Partnerships (P3s)

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Major League Baseball Is Exempt From The Antitrust Laws – Like It Or Not: The “Unrealistic,” “Inconsistent,” And “Illogical” Antitrust Exemption For Baseball That Just Won’t Go Away.

The Athletics baseball team has been located in Oakland, California for many years. Several years ago, the A’s decided they would like to move their franchise to San Jose, which they anticipate would be a more profitable…more

Antitrust Provisions, Antitrust Violations, Baseball, Exemptions, MLB

See All Updates »

Permanent Charitable IRA Rollover

Congress recently made permanent the IRA charitable rollover. Individuals over age 70½ can make lifetime gifts, up to $100,000 per year, to qualified public charities from their individual retirement accounts (IRAs). To qualify…more

Charitable Deductions, Family Businesses, Gift-Tax Exemption, IRA, IRA Rollovers

See All Updates »

California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or…more

Bay Area Air Quality Management District, CA Supreme Court, California Building Industry Association (CBIA), CEQA, Environmental Impact Report

See All Updates »

5 Insurance Tips for Emerging Companies

When a new company moves to secure funding and formalize operations, insurance is often an afterthought. But with a bit of effort, emerging companies can obtain strong insurance protection, maximize their existing coverage, and…more

Commercial General Liability Policies, Cyber Insurance, D&O Insurance, Emerging Growth Companies, Employment Practices Liability Coverage

See All Updates »

Maximizing Homeowner Insurance Coverage Benefits After a Fire

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met. When you are ready to begin the recovery process, we have outlined three steps…more

Fire Damage, Homeowner's Insurance

See All Updates »

Arsenic in Wine: What You Need to Know About the Class Action Claims

What is the Doris Charles, et al. v. The Wine Group, et al., No. BC576061 (Cal. Sup. Ct., Los Angeles County) lawsuit? A lawsuit filed last week as a class action against wineries, wine distributors and wine retailers…more

Class Action, Class Certification, EPA, Food Safety, Proposition 65

See All Updates »

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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Contact

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

  • (415) 954-4400
  • (415) 954-4480

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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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