Farella Braun + Martel LLP

Policyholders Should Resist Insurer Demands to Allocate Settlements

« California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge | Main by Dennis Cusack Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to…more
| Business Organizations, Commercial Law & Contracts, Insurance

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge

On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Insurance

San Francisco’s Minimum Wage Increases to $12.25 on May 1, 2015

On May 1, 2015, the minimum wage within the city limits of San Francisco will rise to $12.25 per hour. All employers, regardless of where their facilities are located, must pay this new minimum wage for all hours worked to any…more
| Labor & Employment Law

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
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Insurance, Professional Malpractice

Documenting Your Gifts to Charity: Don’t Jeopardize Your Charitable Deduction

April 15th is fast approaching. This is the time of year when many of our clients ask us how to properly document charitable contributions. In several recent cases, donors have been denied all or a portion of their charitable…more
| Business Organizations, Nonprofit Law, Taxation

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Environmental Law, Products Liability

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
| Civil Procedure, Environmental Law, Products Liability

California Groundwater Users Face Unpredictable Legal Frontier

In 2014, for the first time in its 164-year history, California enacted a law that comprehensively regulates the extraction and use of the state’s groundwater. This legislative action came against the dramatic backdrop of…more
| Agriculture, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Ninth Circuit Rejects San Jose’s Bid to Overturn Baseball’s Antitrust Exemption

Baseball is the only national sport that is exempt from the antitrust laws. The baseball exemption has existed for 92 years and withstood both court and Congressional challenges, despite the United States Supreme Court’s…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure

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

Prop 65 Amendment Would Limit Frivolous Claims and “Overwarning”

Legislation was introduced in the California Assembly last week to provide much-needed relief from frivolous Proposition 65 claims and avoid “over-warning” the public where scientific evidence shows that products or premises…more
| Civil Procedure, Environmental Law, Products Liability

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
| Business Organizations, Nonprofit Law

Plan Ahead for New Stormwater Permit Requirements Taking Effect on July 1

After 13 years of deliberation and drafting, the new California Industrial General Stormwater Permit takes effect on July 1, 2015. The new Permit requires major changes in the way that businesses engaged in industrial…more
| Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use

The Case of the Zealous Defense Counsel

A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that while…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Intellectual Property

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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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
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Other U.S. Locations
  • California
Number of Attorneys

100+ Attorneys

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