Farella Braun + Martel LLP

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
| Construction Law, Real Estate - Residential, Zoning, Planning & Land Use

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC, Case No. S211645, then set for oral argument in the California Supreme Court. [see the prior post: California’s “Independent” Cumis…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Congress Enacts New Tax Provisions That Provide Cost Savings to Taxpayers (But Don’t Plan a Shopping Spree)

Congress has been promising an overhaul of the tax code for the past couple of years, with virtually no progress. However last month, Congress managed to pass new tax legislation. On July 31, 2015 President Obama signed into…more
| Business Organizations, Energy & Utilities, Nonprofit Law, Taxation

Wineries Often Overlook Harassment Liability

Harassment training is important in all workplaces, yet is often overlooked at wineries. However, wineries can be hotbeds for harassment suits. Originally published by the North Bay Business Journal…more
| Civil Procedure, Civil Rights, Labor & Employment Law

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court, 235 Cal. App. 4th 1154 (2015). In that case, the California Court of Appeal (Second Appellate District) concluded that legal defense bills…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Insurance for Emerging Companies: Understanding the Insurance You Have

Our Insurance Recovery Group is often asked to help emerging companies understand their insurance program and assist with claims. This is the first in a series of posts that will address the insurance issues impacting growing…more
| Business Organizations, Commercial Law & Contracts, Insurance, Securities Law

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general…more
| Commercial Law & Contracts, Energy & Utilities, Insurance, Products Liability, Real Estate - Residential

California Liberalizes Mandatory Sick Leave Law

California Governor Jerry Brown has signed legislation immediately amending the California Sick Leave Law, clarifying some provisions which had caused confusion and heartburn for employers. The changes are as follows..…more
| Labor & Employment Law

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security –…more
| Civil Procedure, Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Constitutional Law, Construction Law, Real Estate - Residential, Zoning, Planning & Land Use

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury, Privacy

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 & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts

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
| Civil Procedure, Civil Rights, Labor & Employment Law

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water Act…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use
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235 Montgomery Street 17th floor
San Francisco, California 94104, United States

  • (415) 954-4400
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Areas of Practice
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