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Fred Alvarez

Citizenship and Immigration Status Is Now Categorized as Sensitive Personal Information under California Law

On October 8, 2023, California Governor Gavin Newsom signed into law AB-947, which expanded the category of “sensitive personal information” to include citizenship or immigration status. The category of sensitive personal…more

California Privacy Rights Act (CPRA), Citizenship, Corporate Counsel, Data Collection, Data Privacy

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Abraham Andrade III

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

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David (Duff) Beach

Five Lessons All Companies Can Learn From The Equifax Data Breach

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years. While many companies may be relieved not to be in Equifax's…more

Credit Reporting Agencies, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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Jeffry Bernstein

2023 Reduction In Property Taxes (Prop 8)

Office vacancies have caused the values of Bay Area commercial real property to significantly decline in 2022. The value of real property that is used to determine the property tax assessment for the 2023-2024 fiscal year (which…more

Bay Area, California, Commercial Tenants, Office Space, Property Tax

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Wendy Bleiman

2019 Federal and California Income Tax Payment Deadlines Extended

[Updated March 20, 2020] Individual Taxpayers. On March 20, 2020, Treasury Secretary Steven Mnuchin announced that, at the President’s direction, “we are moving Tax Day from April 15 to July 15.” While no formal notice has…more

Coronavirus/COVID-19, Crisis Management, Deadlines, Income Taxes, IRS

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Brandi Brown

GPS Monitoring Of Employees In California: Do You Know Where Your Employees Are? Are You Allowed To Know?

With the advent of cost-effective GPS devices and smartphone tracking apps, employers may effectively monitor their workforce like never before. An employee’s distance traveled, sales routes, and productivity (among other…more

California Consumer Privacy Act (CCPA), Electronic Monitoring, Employee Privacy Rights, Employee Tracking, Employer Liability Issues

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Mari Clifford

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

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Leah Collins

UPDATE – Status of Eviction Moratoriums Protecting Residential and Commercial Tenants in Response to COVID-19 Pandemic

Since we last reported on this topic, many of the residential and commercial eviction moratoriums that were enacted in response to the COVID-19 pandemic have been amended, replaced and/or extended. These moratoriums are…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Landlords

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Caitlin Connell

UPDATE: San Francisco Empty Homes Tax – San Francisco Superior Court Allows Lawsuit Challenging Tax to Proceed

As we discussed in prior posts from November 2022 and February 2023, San Francisco voters passed the Empty Homes Tax Ordinance, which is now codified in San Francisco Business Tax and Regulations Code Article 29A (the “Empty…more

California, Local Ordinance, San Francisco, Tax Rates, Tax Reform

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Timothy Crudo

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing…more

Arbitration, Clickwrap Agreements, Contract Terms, Corporate Counsel, Mandatory Arbitration Clauses

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Kit Driscoll

Prop 19 Passes: Preserve Low Property Taxes for Next Generation

California’s unofficial election results indicate that Proposition 19, one of the two Propositions affecting California property tax rules, passed and will affect transfers after February 15, 2021. Commercial and industrial…more

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Karen Frank

Key and Upcoming Changes from the Trademark Modernization Act: What You Need to Know

In December 2020, Congress passed the Trademark Modernization Act (the “TMA”), providing for numerous changes in the processes for registering trademarks and maintaining trademark registrations in the United States. Key elements…more

Intellectual Property Protection, Trademark Modernization Act (TMA), Trademark Registration, Trademarks, USPTO

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Lindsay Gehman

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which…more

Advertising, Disclosure Requirements, Endorsements, Facebook, Fashion Branding

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Daniel Gershwin

As San Francisco Fails to Meet Its Housing Goals, the City’s Approval Process for Housing Projects Just Got Much (Much) Faster and Easier

As expected, on June 28, the California Department of Housing and Community Development (HCD) determined that San Francisco has not made adequate progress toward its State-mandated housing production goal. The City’s Housing…more

Affordable Housing, California, Community Development, Construction Project, Housing Developers

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Scott Hall

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

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Thomas Harvey

U.S. Supreme Court Rejects Willfulness Requirement for Trademark Infringement Profits

Brand owners now have greater incentive for pursuing infringers of their trademarks under a recent Supreme Court decision. Last week, the high court resolved a dispute between the circuits, ruling that trademark owners may…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Troy Heisman

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

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Mark Hejinian

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing…more

Arbitration, Clickwrap Agreements, Contract Terms, Corporate Counsel, Mandatory Arbitration Clauses

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Eric Hieber

Bay Area Construction Resumes Under New Orders

On April 29, 2020, six Bay Area counties – Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara – as well as the City of Berkeley, each issued substantially similar updates to their extended local…more

Business Closures, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services

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Robert Hodil

California Supreme Court Upholds UC Berkeley’s Long Range Development Plan and People’s Park Housing Project Approvals

The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project at a…more

California, CEQA, City of Berkeley, Environmental Impact Report (EIR), Environmental Policies

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Miles Imwalle

As San Francisco Fails to Meet Its Housing Goals, the City’s Approval Process for Housing Projects Just Got Much (Much) Faster and Easier

As expected, on June 28, the California Department of Housing and Community Development (HCD) determined that San Francisco has not made adequate progress toward its State-mandated housing production goal. The City’s Housing…more

Affordable Housing, California, Community Development, Construction Project, Housing Developers

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Megan Jennings

2024 Housing Legislation Overview: Major Pending Bills on the Governor’s Desk

During the 2024 California Legislative Session, which closed on August 31, the State Legislature again passed many bills seeking to ease the state’s housing crisis. This post focuses on key housing-related bills that are, at the…more

Affordable Housing, California, Governor Newsom, State and Local Government, Urban Planning & Development

See all updates »

Hannah Jones

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

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Stephen Lanctot

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

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Skye Langs

What 2020 Land Use Cases Taught (Or Reminded) Us About Litigation Basics

Last year brought the legal profession many things that we never expected, like trials conducted by Zoom and virtual happy hours, just to name a few. But it also brought a handful of new CEQA and land use decisions that, like…more

CEQA, Environmental Impact Report (EIR), Land Developers, Urban Planning & Development

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Sabrina Larson

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

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Emily Lentz

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

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Amber Leong

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

See all updates »

Jennifer Leung

UPDATED – The Corporate Transparency Act (CTA) Requires Companies to Disclose Beneficial Owners

This alert updates our initial alert on the CTA published on March 1, 2021, to reflect the final rule published by the Financial Crimes Enforcement Network (FinCEN) bureau of the U.S. Department of the Treasury on September 30,…more

Beneficial Owner, Corporate Transparency Act, FinCEN, National Security, NDAA

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Emlyn Mandel

DOJ and SEC Release Updated Guidance On The FCPA

The Foreign Corrupt Practices Act doesn’t ensnare just those involved in foreign corruption. It also can cover conduct in the United States that has nothing to do with either foreign officials or bribery schemes. So the recent…more

Accounting Standards, Affirmative Defenses, Anti-Bribery, Compliance, Deferred Prosecution Agreements

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Rees Morgan

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing…more

Arbitration, Clickwrap Agreements, Contract Terms, Corporate Counsel, Mandatory Arbitration Clauses

See all updates »

Allison Moser

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Rosanna Marrero Neagle

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

See all updates »

Bina Patel

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential…more

Artificial Intelligence, Consumer Privacy Rights, Continuing Legal Education, Data Privacy, Data Protection

See all updates »

Sarah Peterson

Trial Court Decisions Illustrate SB 35’s Power

SB 35 was one of the most prominent bills to come out of a package of housing-related laws enacted by the California legislature in 2017. It promised to allow swift approval of developments that were consistent with local zoning…more

Housing Market, Municipalities, Planning Approval Process, Real Estate Development, Urban Planning & Development

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Kyle Recker

UPDATE: Impact of Recent Bank Failures on Borrowers, Landlords, and Other Stakeholders

Additional developments relating to the Silicon Valley Bank and Signature Bank failures have occurred, and the situation continues to evolve. Upon the closure of Silicon Valley Bank the FDIC initially created the Deposit…more

Banks, Borrowers, Depository Institutions, FDIC, Financial Institutions

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Anthony Risucci

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

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Laura Seegal

Another Warning Shot On Employee Nonsolicit Agreements

It’s time to take another hard look at whether it’s worth it for employers to ask their departing employees not to recruit anyone away after they leave. Nobody wants their former employees to raid the ranks of their current…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Howard Slavitt

Force Majeure and COVID-19: Can Contracting Parties Avoid Performance or Continue to Require it?

With the COVID-19 pandemic threatening people’s health and wreaking economic havoc in California and worldwide, parties to commercial contracts are asking whether force majeure and the closely related doctrines of commercial…more

Business Interruption, Business Litigation, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Craig Spencer

2024 Housing Legislation Overview: Major Pending Bills on the Governor’s Desk

During the 2024 California Legislative Session, which closed on August 31, the State Legislature again passed many bills seeking to ease the state’s housing crisis. This post focuses on key housing-related bills that are, at the…more

Affordable Housing, California, Governor Newsom, State and Local Government, Urban Planning & Development

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Matthew Stone

What We're Reading, Watching, and Listening To: July 2024

A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - S.F.’s Stonestown to become west side’s largest residential development in 50 years (SF Chronicle): The plan to convert the Stonestown Galleria…more

Affordable Housing, California, Community Development, Construction Project, Homeless Issues

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Stephanie Straka

2024 Housing Legislation Overview: Major Pending Bills on the Governor’s Desk

During the 2024 California Legislative Session, which closed on August 31, the State Legislature again passed many bills seeking to ease the state’s housing crisis. This post focuses on key housing-related bills that are, at the…more

Affordable Housing, California, Governor Newsom, State and Local Government, Urban Planning & Development

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Katharine Van Dusen

Supreme Court Impact Fee Decision Creates Opportunities for Developers and Property Owners

On April 12, 2024, the United States Supreme Court issued an opinion that may significantly affect how development impact fees are assessed in California. In Sheetz v. County of El Dorado, the Court unanimously held that…more

Building Permits, California, Constitutional Challenges, Construction Project, Dolan v City of Tigard

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Tay Via

2024 Housing Legislation Overview: Major Pending Bills on the Governor’s Desk

During the 2024 California Legislative Session, which closed on August 31, the State Legislature again passed many bills seeking to ease the state’s housing crisis. This post focuses on key housing-related bills that are, at the…more

Affordable Housing, California, Governor Newsom, State and Local Government, Urban Planning & Development

See all updates »

Peter Wang

UPDATED – The Corporate Transparency Act (CTA) Requires Companies to Disclose Beneficial Owners

This alert updates our initial alert on the CTA published on March 1, 2021, to reflect the final rule published by the Financial Crimes Enforcement Network (FinCEN) bureau of the U.S. Department of the Treasury on September 30,…more

Beneficial Owner, Corporate Transparency Act, FinCEN, National Security, NDAA

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Ashley Weinstein-Carnes

2023 Housing Legislation Overview – Major Signed and Pending Bills

The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted with…more

Affordable Housing, CEQA, Construction Project, Environmental Policies, Environmental Review

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Christopher Westman

SEC Expands Accredited Investor Definition to Increase Participation in Private Offerings

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted new final rules intended to modernize the existing rules, and provide additional flexibility for certain entities and individuals the SEC deems financially…more

Accredited Investors, Family Offices, Final Rules, Financial Industry Regulatory Authority (FINRA), Investors

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Christopher Wiener

Supreme Court Extends Copyright Damages Beyond Three Years

Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Protection

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Jessica Wilson

UPDATE: San Francisco Empty Homes Tax – San Francisco Superior Court Allows Lawsuit Challenging Tax to Proceed

As we discussed in prior posts from November 2022 and February 2023, San Francisco voters passed the Empty Homes Tax Ordinance, which is now codified in San Francisco Business Tax and Regulations Code Article 29A (the “Empty…more

California, Local Ordinance, San Francisco, Tax Rates, Tax Reform

See all updates »

Charmaine Yu

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring…more

Arbitration, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues, Hiring & Firing

See all updates »

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