Farella Braun + Martel LLP

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235 Montgomery Street
17th floor
San Francisco, California 94104, United States
Phone: (415) 954-4400
Fax: (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

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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All [A]Board: Insights and Inspirations for Your Journey to and in the Boardroom

[co-author: Olga Mack, Clearslide] Carly and Olga were law school classmates at Berkeley Law and have continued their friendship and professional collaboration ever since. They serve as board members for both for-profit…more

Board of Directors, Corporate Counsel, Corporate Governance, Diversity, Gender Equity

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CGL Coverage for False Advertising and Intellectual Property Claims: Sometimes It’s There, but You Need to Know Where to Look for it

A recent case in the Northern District of California offers two cautionary tales to policyholders. First, when buying insurance, companies should understand their risks and ensure that the policies they’re buying match those…more

Commercial Insurance Policies, Copyright Infringement, Corporate Counsel, Disparagement, Errors and Omissions Policy

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Supreme Court’s Decision in TC Heartland Narrows Patent Venue Selection

The Supreme Court’s decision in TC Heartland will undoubtedly have a substantial impact on patent venue selection and will likely lead to a marked decrease in cases brought in the Eastern District of Texas.  Under the Supreme…more

Forum Selection, Forum Shopping, Patent Infringement, Patent Litigation, Patents

See all updates »

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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Be Prepared for California’s Environmental Rules: Regulated Cannabis Brings Forth New Water Use Guidelines

Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s environmental…more

CEQA, Environmental Policies, Marijuana, Marijuana Cultivation, Pesticides

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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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Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind…more

Battery, Bureau of Land Management, CEQA, CPCN, CPUC

See all updates »

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is within…more

Appeals, Cap-and-Trade, CARB, Chamber of Commerce, GHG Auction

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Supreme Court Upholds the PTAB’s Status Quo in Cuozzo

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, which unanimously upheld the “broadest reasonable construction” claim construction standard (BRI) used by the Patent Trial and…more

Administrative Procedure Act, Administrative Proceedings, America Invents Act, Appeals, Broadest Reasonable Interpretation Standard

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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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Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry…more

Building Codes, Building Permits, Civil Monetary Penalty, Employee Training, Enforcement Actions

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New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive…more

Air Pollution, Appeals, CERCLA, Clean-Up Costs, Contamination

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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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Disparagement Allegations May Trigger Valuable Coverage

A recent case we handled highlights the importance of reading a complaint’s allegations very carefully. Competitors in high-stakes litigation may file complaints and cross-complaints against each other alleging a variety of…more

Commercial General Liability Policies, Cross-Claims, Disparagement, Duty to Defend, Policy Exclusions

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Supreme Court Upholds the PTAB’s Status Quo in Cuozzo

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, which unanimously upheld the “broadest reasonable construction” claim construction standard (BRI) used by the Patent Trial and…more

Administrative Procedure Act, Administrative Proceedings, America Invents Act, Appeals, Broadest Reasonable Interpretation Standard

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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“Day of Rest” Requirement Measured By Workweek, Not Every Seven-Day Period

California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided this…more

CA Supreme Court, Class Action, Day of Rest Laws, Nordstrom Inc., Over-Time

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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

See all updates »

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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Jurisdictional Reach of State Courts Limited

The U.S. Supreme Court reversed a closely-watched California Supreme Court ruling on Monday, finding that California state courts did not have specific jurisdiction to hear the claims of nonresident plaintiffs in a class action…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, General Jurisdiction, Mass Tort Litigation, Minimum Contacts

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Supreme Court’s Decision in TC Heartland Narrows Patent Venue Selection

The Supreme Court’s decision in TC Heartland will undoubtedly have a substantial impact on patent venue selection and will likely lead to a marked decrease in cases brought in the Eastern District of Texas.  Under the Supreme…more

Forum Selection, Forum Shopping, Patent Infringement, Patent Litigation, Patents

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 »

New IRS Guidance Allows More People to Use Charitable Trusts

Have you heard? More people can now use charitable remainder annuity trusts thanks to new IRS guidance in the form of Revenue Procedure 2016-42, issued recently…more

Charitable Organizations, Charitable Remainder Trust, Interest Rates, Irrevocable Trusts, IRS

See all updates »

Winery, Vineyard Cyber Attack Risk Grows With Web-Connected Systems

In the internet of things (IoT), new opportunities for efficiency continually bring new cyber risk. If a device in your winery or vineyard connects to the internet, it is vulnerable. And so is the rest of the system connected to…more

Business Interruption, Credit Cards, Cyber Attacks, Cyber Insurance, Cyber Threats

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Bond Fraud Trial Shows Need to Scrutinize Municipal Revenue Generation

Ramapo, N.Y., Town Supervisor Christopher St. Lawrence is in the middle of a multi-week trial on two dozen securities fraud charges stemming from municipal bond issuances and accounting practices in Ramapo, a Rockland County…more

Bonds, Criminal Prosecution, Fraud, Internal Controls, Municipal Bonds

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Proposed Section 2704 Regulations Would Impose Significant Restrictions on Valuation Discount Planning for Family Controlled Entities

High net worth families often utilize family entity structures, such as limited partnerships or limited liability companies, in order to provide for the coordinated management of family assets and move wealth to younger…more

Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer, Gift Tax

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There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private…more

Board of Directors, Corporate Executives, Defense Strategies, FTC, Indemnification

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How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property must…more

Bona Fide Purchaser, Buyers, CERCLA, Contaminated Properties, DTSC

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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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Alternative Fee Arrangements When the Insurer Is Footing the Bill

Clients regularly ask their counsel to propose alternative fee arrangements and they are growing in popularity. While these arrangements can be beneficial for clients, they should be carefully considered when an insurance…more

Alternative Fee Arrangements, Billing, Commercial Insurance Policies, Insurance Litigation, Insurer Liability

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What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program....…more

Affordable Housing, Ballot Measures, Board of Supervisors, County Planning Commissions, Demolition

See all updates »

California Holds Fast to GHG Reduction in the Face of the Trump Administration

The inauguration of Donald J. Trump as the 45th President of the United States on January 20, 2017, brought with it levels of angst and concern not felt for some time within the environmental community. While some welcome the…more

Carbon Emissions, Class Action, Clean Power Plan, Deregulation, Energy Policy

See all updates »

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most important…more

Commercial Electronic Messages, Corporate Records, Duty to Preserve, Electronically Stored Information, Employment Policies

See all updates »

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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Supreme Court Lowers the Bar for Willfulness and Provides Major Win to Patent Holders

On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in…more

35 U.S.C. § 284, Abuse of Discretion, Corporate Counsel, Enhanced Damages, Halo v Pulse

See all updates »

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind…more

Battery, Bureau of Land Management, CEQA, CPCN, CPUC

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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IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Certiorari, Cisco

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Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind…more

Battery, Bureau of Land Management, CEQA, CPCN, CPUC

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

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The Northern District of California Seeks to Bring More Clarity to Damages with its Latest Revised Patent Local Rules

On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent cases,…more

Amended Rules, Calculation of Damages, Case Management, Damages, Discovery

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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

See all updates »

San Francisco Enacts Nation’s First Fully Paid Parental Leave Ordinance

Effective January 1, 2017, San Francisco is scheduled to become the first city in the United States to require fully paid parental leave. The Paid Parental Leave Ordinance (the Ordinance) was passed unanimously by San…more

Disability Insurance, FMLA, Local Ordinance, Paid Family Leave Law, Paid Leave

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Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,…more

Claims Adjusters, Deadlines, Duty to Settle, Email, Fiduciary Duty

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Supreme Court Lowers the Bar for Willfulness and Provides Major Win to Patent Holders

On June 13, 2016, the Supreme Court issued a unanimous opinion in two consolidated cases (Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer) effectively lowering the standard for obtaining enhanced damages in…more

35 U.S.C. § 284, Abuse of Discretion, Corporate Counsel, Enhanced Damages, Halo v Pulse

See all updates »

New IRS Guidance Allows More People to Use Charitable Trusts

Have you heard? More people can now use charitable remainder annuity trusts thanks to new IRS guidance in the form of Revenue Procedure 2016-42, issued recently…more

Charitable Organizations, Charitable Remainder Trust, Interest Rates, Irrevocable Trusts, IRS

See all updates »

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most important…more

Commercial Electronic Messages, Corporate Records, Duty to Preserve, Electronically Stored Information, Employment Policies

See all updates »

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

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

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Mediated Agreements and Magic Words: Admissibility of Mediated Settlements of California State Law Claims in Federal Court

Does federal common law govern admissibility in federal court of a written agreement reached during mediation that resolves both California and federal law claims, even when only state law claims remain pending at the time of…more

Admissible Evidence, Common Law Claims, Federal Mediation Privilege, Federal v State Law Application, Mediation

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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, Limited Liability Company (LLC), Offerings, Securities

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How Wine Sellers Risk Licenses by Using Third-Party Providers

The innovative marketing and brand experiences offered by the online technology of third party providers (TPPs) can be an effective way for wineries and wine retailers to connect their product with their customers, expand…more

Alcohol Beverage Control, Coupons, Indemnification, Liquor Licences, Marketing

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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

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Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google…more

Criminal Procedure, Data Storage Providers, Electronically Stored Information, Evidence, Extraterritoriality Rules

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District Court Further Limits Application of Professional Services Exclusion

One of the most heavily-litigated exclusions in modern insurance coverage practice was the subject of a recent district court decision involving allegedly misleading marketing by for-profit colleges. Exclusions for claims or…more

Banks, Commercial General Liability Policies, Corporate Management, D&O Insurance, False Advertising

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Prohibited Campaign Intervention: Stay Alert in the Final Stretch

Engaging in any political electoral campaign activity on behalf of or in opposition to a candidate for public office is a prohibited activity for all charities and private foundations that are exempt under Internal Revenue Code…more

501(c)(3), Adjustment of Status, Charitable Donations, Charitable Organizations, Endorsements

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Refusal to Rescind Employee’s Voluntary Resignation Is Not An Adverse Employment Action Under FEHA

An employer’s refusal to accept a former employee’s resignation rescission request is not an adverse employment action under the California Fair Employment and Housing Act (FEHA), according to a California Court of Appeal…more

Adverse Employment Action, Appeals, Disability Discrimination, FEHA, Medical Leave

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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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Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies…more

Commercial General Liability Policies, Construction Industry, Contractors, Insurance Industry, Liability

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Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental take”…more

Amended Regulation, Bald and Golden Eagle Protection Act, Eagle Permit Program, Endangered Species Act (ESA), Enforcement Actions

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California Court Confirms that Vacation Accrual Can Be Restricted for New Employees

Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period before…more

Accrual Method, Appeals, Corporate Counsel, Employee Benefits, Employment Policies

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California Court Confirms that Vacation Accrual Can Be Restricted for New Employees

Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period before…more

Accrual Method, Appeals, Corporate Counsel, Employee Benefits, Employment Policies

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

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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, Public Private Partnerships (P3s)

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Tax-Exempt Does Not Mean Exempt From Filing Tax Returns

May 15 was the filing deadline for nonprofits operating on a calendar year that are required to file Form 990-series information returns. Many nonprofits mistakenly believe that they are not required to file returns with the…more

501(c)(3), Form 990, IRS, Non-Profits, Reporting Requirements

See all updates »

Mediated Agreements and Magic Words: Admissibility of Mediated Settlements of California State Law Claims in Federal Court

Does federal common law govern admissibility in federal court of a written agreement reached during mediation that resolves both California and federal law claims, even when only state law claims remain pending at the time of…more

Admissible Evidence, Common Law Claims, Federal Mediation Privilege, Federal v State Law Application, Mediation

See all updates »

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law…more

Affirmative Defenses, Criminal Background Checks, Criminal Records, Disparate Impact, EEOC

See all updates »

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 »

12 Legal Pitfalls Wineries Should Avoid With Hospitality and Marketing Events

Winery consolidation and brand proliferation — hallmarks of the California wine market over the past 10 years — both continue to grow. With nearly 5,000 wineries and some estimate over 15,000 wine brands now competing for a…more

Corporate Branding, Hospitality Industry, Liquor Licences, Marketing, Permits

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Three Ways to Guard Heirs From Big Wine Realty Tax Bill

Estate-planning is often focused on reducing or eliminating estate tax at death. As the estate-tax exemption has increased in recent years — currently $5.45 million and counting — there is a shift to planning for income and…more

Estate Planning, Estate Tax, Exclusions, Heirs, Property Tax

See all updates »

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program....…more

Affordable Housing, Ballot Measures, Board of Supervisors, County Planning Commissions, Demolition

See all updates »

California Supreme Court Leans in Favor of Treating Defense Bills as Privileged Communications

On October 6, the California Supreme Court heard oral argument in Los Angeles Board of Supervisors v. Superior Court, a case that we have blogged about twice in the past because of its possible impact on policyholders..…more

Attorney-Client Privilege, CA Supreme Court, Defense Sector, Duty to Defend, Insurance Contracts

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 »

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class…more

Class Action, Comparative Advertising, Deceptively Misdescriptive, Discount Pricing, FTC

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Insider Trading Conviction in First Insider Trading Case in Nearly Two Decades Affirmed by Supreme Court

On December 6, 2016, after nearly twenty years of silence on insider trading, the U.S. Supreme Court unanimously affirmed the Ninth Circuit in holding that prosecutors need not show that a tipster received a pecuniary or other…more

Corporate Executives, Criminal Convictions, Dirks v SEC, Insider Trading, Personal Benefit

See all updates »

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