Farella Braun + Martel LLP

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

  • (415) 954-4400
  • (415) 954-4480

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A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense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

Six IRS Rules to Follow for Year-End Gifts to Charity

The holiday season is often a time for charitable gift giving. Here is a list of tax rules to follow to ensure your charitable deduction is respected by the IRS: - Qualified Charities. You can only deduct gifts to…more
| Finance & Banking, Taxation, Nonprofit Law

Law Defining Nonprofit Directors’ Voting Rights to Take Effect in January

The bylaws of many California nonprofit corporations refer to “ex officio” directors, typically by reference to the chief executive, the executive director, or sometimes a representative of another entity. The term “ex officio”…more
| Business Organizations, Nonprofit Law

EPA Issues Final Rule Clarifying CERCLA’s “All Appropriate Inquiry” Standard

The U.S. Environmental Protection Agency has at long last issued a Final Rule which provides clarification to prospective purchasers of contaminated property regarding the standards and practices that are to be used for…more
| Commercial Law & Contracts, Environmental Law, Toxic Torts, Real Estate - Commercial

Accessing The D&O Liability Coverage of a Bankrupt Corporation

An automatic stay in bankruptcy prevents anyone from accessing the property of the debtor estate, including the directors’ and officers’ liability (D&O) policies which insure individual directors and officers of the estate as…more
| Bankruptcy, Commercial Law & Contracts, Insurance

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January 11,…more
| Labor & Employment Law

What Businesses Need to Know About Earthquake Insurance

Last month’s Napa earthquake served as a wake-up call for everyone in the Greater Bay Area. It was a reminder that the odds of an even more damaging earthquake in Northern California over the next 20 years are high. Businesses…more
| Commercial Law & Contracts, Insurance

California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training…more
| Labor & Employment Law

Setting Up a Successful Negotiation Regarding “2860 Rates”

“The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the…more
| Civil Procedure, Commercial Law & Contracts, Insurance

New Law Requires California Employers to Provide Paid Sick Leave

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time employees,…more
| Labor & Employment Law
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Areas of Practice
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100+ Attorneys

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