News & Analysis as of

Sustainable Development Update - October 2016 #3

Sustainable Development Focus - San Francisco’s Treasure Island project wins top green rating - Commercial Property Executive - Oct 14 - The U.S. Green Building Council (USGBC) has awarded LEED-ND...more

Fifth District Denies Rehearing, Corrects Published Opinion And Judgment In Consolidated City of Ceres Appeals To Reflect...

It’s always nice not to lose a hard-won prevailing party cost award due to a court’s imprecise use of party designations – which can get confusing where there are multiple appeals at issue. On October 4, 2016, the Fifth...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Fourth District Holds Wal-Mart Victorville Project EIR Violates CEQA; Project Approval Findings Violate Map Act; And Project Is...

In a decision filed May 25, and belatedly ordered published June 15, 2016, the Fourth District Court of Appeal affirmed and reversed in part a judgment of the San Bernardino County Superior Court. It affirmed the judgment to...more

Corporate Investigations and White Collar Defense - June 2016

Eye on the Supreme Court—Corruption and Fraud Edition - Why it matters: This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our...more

Court Of Chancery Closes The Door Left Open By Pyott And Applies Preclusion To Derivative Suit

Delaware does hold that the dismissal of a derivative suit in another jurisdiction may preclude the prosecution of a similar derivative suit in Delaware. ...more

What Can You Learn in the First Inning?

You might figure that the year I decide to jump back on the Houston Astros bandwagon, they go back in the tank. Last year they were one game away from the American League (AL) Championship. This year they have the third worst...more

Clearly Defining the Essential Functions of the Job Can Make or Break Your ADA Case

As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more

Don’t Roll Back Your Employee Benefits: Consider Walmart’s Fixed Shifts

One sign of a successful business is happy employees. So how do you keep employees happy? Providing good benefits for them is one top method. For an example of this, we can look at Walmart and how they are working to make...more

This Week in FCPA-Episode 1 [Video]

In this initial This Week in FCPA, Episode 1, Jay Rosen and I review this week's happenings in the world of FCPA. Today we discuss the 4th anniversary of the New York Times story about Wal-Mart in Mexico, the Harder guilty...more

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

Tyson Foods v. Bouaphakeo: SCOTUS Says Statistics Okay in Class Actions – Sometimes

If you read one thing... - SCOTUS declines to adopt broad or categorical rules governing use of representative evidence in class actions, holding instead that the use of such evidence will depend on the purpose for...more

Sample This! Tyson Employee Class Wins Significant but Narrow Supreme Court Victory

Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent...more

Hedging with Distributed Renewable Generation Sources in Times of Fossil Fuel Price Volatility

Until very recently, mainstream power purchasers have not viewed renewable energy as a reliable hedge against other energy sources, mostly because the costs associated with constructing or purchasing the output of renewable...more

Food and Beverage News and Trends - March 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Senate confirms new FDA commissioner. On February 24, the US Senate confirmed,...more

Big Data and Employee Health Care

The average American worker has nearly a library worth of data existing digitally. What if employers could use such information to lower the cost of employee health care? A growing number of businesses are asking that very...more

How to avoid CEQA environmental review by ballot initiative

The World Logistics Center is a massive project – 41 million square feet of logistics facilities located on 2,300 acres in Moreno Valley, California. The project has undergone environmental review for years, culminating in an...more

Your daily dose of financial news The Brief – 2.19.16

Barclays has agreed to pay $50 million to settle claims by Plaintiff Axiom Investment Advisors that it “misused a system intended to block stale foreign exchange prices as a way to boost the bank’s profits while hurting...more

Walmart Discrimination Case Makes Headline

Last month Walmart was hit, in headline making fashion, with a massive $31.2 million verdict in a New Hampshire disability and gender discrimination case. What makes this verdict particularly news-worthy is not only its...more

The Waltons vs. the Kardashians: Who Will Keep Their Money?

While attempting to keep up with the Kardashians, I have recently stumbled upon the latest flaw in their sought-after spending habits. It all began with some gold marble slabs that Kanye wanted for his new bathroom, and...more

Eye-Popping Verdict For “The Little Guy” Against Wal-Mart

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist... wait for it... $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory...more

A Change in Direction for Change in Condition?

On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective...more

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