Farella Braun + Martel LLP

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

Proposition 65 Plaintiff Group Seeks to Rescind “Safe Harbor” Standard for Lead

Mateel Environmental Justice Foundation, which has a long history as a Proposition 65 plaintiff, filed a writ petition earlier this week seeking to challenge and rescind the “safe harbor” level for lead under Proposition 65. …more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Consumer Protection, Products Liability

California’s Sick Leave Law Will Require Altering Most PTO Programs by July 2015

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, mandating paid sick leave for most employees, including part-time, as well as many temporary employees. Employers must…more
| Labor & Employment Law

CA Court of Appeals Confirms that Insured Need Not Accept 2860 Rate Caps For Work Done After Tender, But Before Insurer Accepts Defense

A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense of a lawsuit: accepting the insurer’s ultra-low…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Congress Approves Tax Extension Bill

TWO WEEKS ONLY! SAVE NOW! Congress has finally approved the extenders bill in what is widely viewed as terrible tax policy, but a welcome holiday gift nonetheless. The Tax Increase Prevention Act of 2014 extended a…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, Taxation

NLRB Limits Employers’ Ability to Restrict Employee Email Use During Nonworking Time, Reversing Precedent

The National Labor Relations Board (the “Board”) overruled its precedent this week by holding that employee use of e-mail for collective action communications during nonworking time must presumptively be permitted where…more
| Labor & Employment Law
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