News & Analysis as of

Entitlements

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That the Eighth Amendment Does Not Prevent Enforcement of Local Camping Bans, Authorizing a Significant Shift...

Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir....more

Epstein Becker & Green

Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today

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The Supreme Court heard arguments yesterday morning in the case of Joseph Fischer, one of more than 300 people convicted of corruptly obstructing an official proceeding: the congressional certification on January 6, 2021, of...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

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In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Ius Laboris

New end-of-service gratuity system for foreign employees in Bahrain

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The Bahraini government has recently announced an update with respect to the payment of the end-of-service ‘leaving indemnity’ to non-Bahrainis in the private sector....more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Declines to Consider Appeal of Ninth Circuit Ruling that Sober Living Homes Do Not Have to Prove Each Resident...

Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The decision held...more

McDonnell Boehnen Hulbert & Berghoff LLP

Jager Pro, Inc. v. W-W Manufacturing Co. (Fed. Cir. 2023)

Although merely exemplifying the burden imposed on an appellant by the Federal Circuit's substantial evidence standard of review over decisions by the U.S. Patent and Trademark Office regarding the facts underlying legal...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

J.S. Held

Integrating Independent Forensic Analyses in International Construction Arbitrations

J.S. Held on

This article discusses the various independent analyses that experts perform and how these analyses should be integrated when involved in a construction dispute that has progressed to international arbitration. While experts...more

Lowndes

Navigating Legal Pathways to Establish Your Dream Pickleball Facility

Lowndes on

If you play pickleball, America’s fastest growing sport, you’ve probably encountered a problem: the sport’s runaway popularity has led to a shortage of pickleball facilities. If you are a true picklehead, maybe you’ve even...more

Farella Braun + Martel LLP

Add Value to Your Winery by Monetizing Land Use Entitlements

With today’s emphasis on increasing the bottom line of winery businesses, winery owners often overlook a simple strategy for increasing their revenue and the value of their investment: the land use entitlements process....more

Rivkin Radler LLP

The Title Reporter – Summer 2023

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more

Sheppard Mullin Richter & Hampton LLP

People of California v. City of Huntington Beach Case Review

Last week the Office of the Attorney General demonstrated the State of California’s unwillingness to cede its enforcement of state housing laws even in the face of defiance from local governments. On April 10, in People of...more

Sheppard Mullin Richter & Hampton LLP

Momentum for Streamlining and Subsidizing Office-to-Residential Conversion Projects Builds in Sacramento and San Francisco

As cities across California grapple with an ongoing housing crisis and stubbornly high office vacancy rates, policymakers at the state and local levels are beginning to explore ways to encourage projects that convert vacant...more

Sheppard Mullin Richter & Hampton LLP

As Deadline for Housing Element Certification Passes, “Builder’s Remedy” and AB 1398 Remedies Loom for Noncompliant Bay Area...

As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the California Department of Housing...more

Sheppard Mullin Richter & Hampton LLP

More Places, Less Spaces: California is Driving Down Development Costs

In an effort to decrease the skyrocketing development costs and reduce greenhouse gas emissions, Assembly Bill 2097 (AB 2097) aims to eliminate a key obstacle for new developments: parking. More specifically, starting on...more

Zuckerman Spaeder LLP

Sentencing in Government Contracting Fraud Cases When There is No Actual or Intended Loss

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In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more

King & Spalding

Landmark Holiday Pay Ruling

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Last week, the UK Supreme Court issued a significant holiday pay decision, Harpur Trust v Brazel, ruling that part-year workers (who only work certain weeks of the year) should not have their paid holiday entitlement...more

Sheppard Mullin Richter & Hampton LLP

City of Los Angeles Developer Contribution Ban Goes Into Effect

On December 4, 2019, the Los Angeles City Council adopted Ordinance No. 186477 which prohibits a “restricted developer” or “principal” from making contributions to the Mayor, City Attorney, City Councilmember, a candidate...more

Rumberger | Kirk

OIR Approves Binding Arbitration and Waiver of Entitlement to Relating Attorney Fees

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American Integrity is the first insurance carrier to implement binding arbitration language and a waiver of the one-way attorney’s fee provisions into its Florida homeowner’s insurance policy. On February 10, 2022, the Office...more

Allen Matkins

Extensions Granted for Housing Entitlements Set to Expire During 2020-2021

Allen Matkins on

AB 1561, which was effective as of September 28, 2020, granted an 18-month extension to many housing entitlements in response to the COVID-19 pandemic. The Legislature passed this bill to alleviate the statewide cost that...more

Sheppard Mullin Richter & Hampton LLP

Challenge to Housing and Revitalization Project Found Not Cognizable under the Fair Housing Act and California Fair Employment and...

In a case potentially overshadowed by the California Supreme Court’s same-day denial to hear a request to stay a cap on student admissions at UC Berkeley, the Second Appellate District Court (Div. 2) issued its opinion in...more

Sheppard Mullin Richter & Hampton LLP

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more

McDermott Will & Emery

Einrichtungsbezogene Impfpflicht – Folgen für die arbeitsrechtliche Praxis

McDermott Will & Emery on

1. GEGENSTAND DER IMPFPFLICHT - Durch erneute Anpassung des Infektionsschutzgesetzes (IfSG) am 10. Dezember 2021 besteht nun gem. § 20a IfSG ab dem 15 März 2022 eine einrichtungsbezogene Impfpflicht für Arbeitnehmer:innen...more

BCLP

FMLA - Back to Basics - Eligibility vs. Entitlement

BCLP on

A common error in both FMLA policies and communications to employees seeking FMLA leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to “entitlement” or vice versa. Using...more

Morgan Lewis - Tech & Sourcing

Common Issues in Sponsorship Agreements – Part 2: Maximizing Value While Protecting Your Brand

Last week, we started to take a look at key issues sponsors should be mindful of when entering into a sponsorship agreement, particularly for sponsorship of a team, event, venue, individual influencer or player, or similar...more

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