Farella Braun + Martel LLP

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

  • (415) 954-4400
  • (415) 954-4480

Mindful Case Management

We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays,…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance

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
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance

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
| Civil Remedies, Commercial Law & Contracts, Insurance

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
| Labor & Employment Law

IRS’ New Form 1023-EZ Streamlines 501(c)(3) Applications

Streamlined? Easy? Rarely are these two words used to describe activities by the Internal Revenue Service. However, the regulatory landscape for small nonprofits seeking exempt status is changing, and on July 1, 2014, the IRS…more
| Taxation, Nonprofit Law

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,…more
| Civil Procedure, Commercial Law & Contracts, Insurance

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

On July 14, 2014, the California Supreme Court clarified the commissioned employee exemption from overtime under California law. In Peabody v. Time Warner Cable, Inc., the court confirmed that calculations necessary to qualify…more
| Labor & Employment Law

California Supreme Court Refines the Tort of Commercial Disparagement

On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on this…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Insurance, Intellectual Property

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
| Civil Procedure, Commercial Law & Contracts, Insurance, Securities Law

California Supreme Court Authorizes Class Action Waivers In Arbitration Agreements

On June 23, 2014, the California Supreme Court held that employees may expressly waive their ability to bring class actions when agreeing to arbitrate disputes with their employer. In Iskanian v. CLS Transportation Los Angeles,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

EPA Proposes Clarification on CERCLA’s “All Appropriate Inquiry” Standard

Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the federal…more
| Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use, Toxic Torts, Real Estate - Commercial

Newly-Published Regional Steel Case Raises More Questions Than It Answers

In May, California’s Second Appellate District affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Toxic Torts

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
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

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
| Commercial Law & Contracts, Finance & Banking

2013 Form 990 Due May 15, 2014 - IRS Revisions to the Form 990 and Instructions

For tax-exempt organizations operating on a calendar year, the May 15, 2014 filing due date for the 2013 Form 990 is fast approaching. Each year the IRS issues a new Form 990 with corresponding instructions. It is important…more
| Taxation, Nonprofit Law
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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
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Locations
Other U.S. Locations
  • California
Number of Attorneys

100+ Attorneys

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