Best Best & Krieger LLP

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300 South Grand Ave
25th Floor
Los Angeles, CA 90071, United States
Phone: (951) 826-8480
Fax: (951) 686-3083
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Oregon
  • Texas
Number of Attorneys
200+ Attorneys

California Extends COVID-19 Supplemental Paid Sick Leave

Governor Signs AB 152, Changes To Take Effect Immediately - Governor Newsom has signed Assembly Bill 152 (AB 152), which – effective immediately – extends California’s COVID-19 supplemental paid sick leave (SPSL) through Dec…more

Coronavirus/COVID-19, Paid Sick Leave, Sick Leave, State Labor Laws, Supplemental Benefits

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Supplemental Paid Sick Leave for COVID-19

California Senate Bill 95 - Senate Bill 95, signed late last week by California Gov. Gavin Newsom, requires employers to provide up to 80 hours of supplemental paid sick leave to employees who cannot work or telework due to…more

Coronavirus/COVID-19, Governor Newsom, Paid Leave, Paid Time Off (PTO), Sick Leave

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Western Joshua Trees Receive Temporary Protection Under the California Endangered Species Act

Designation Impacts Local Ordinances and Developments Involving the Tree - Of particular significance to desert communities, the California Fish and Game Commission designated the western Joshua tree as a “candidate” species…more

California Endangered Species Act, Endangered Species, Energy Projects, Local Ordinance, State Department of Fish and Wildlife

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part One

In Part One of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to public contracts, local agencies and public employees. Below we provide takeaways and analyses…more

Browning-Ferris Industries of California Inc., Independent Contractors, Mitigation, New Legislation, Public Employment Relations Board’s (PERB)

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SCOTUS Moves On Sheetz: Development Impact Fees Imposed By Legislation Must Pass Takings Scrutiny

On April 12, 2024, the United States Supreme Court delivered its highly-anticipated opinion in Sheetz v. County of El Dorado, unanimously holding that fees imposed through legislative action as a condition of property…more

George Sheetz v County of El Dorado, Impact Fees, Litigation Fees & Costs, Nollan v California Coastal Commission, Property Owners

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Common Interest Developments May Not Impose Post-Purchase Restrictions on Short-Term Rentals

City Restrictions Are Not Affected - The popularity of Airbnb, VRBO and other online hospitality marketplaces has led to a large increase in short-term vacation rentals (STRs). While STRs might be an owner’s dream, they can…more

AirBnB, Property Owners, Rental Property, Short-Term Lease, Vacation Rentals

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Five

New Legislation Related to Local Government - In Part Five of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to local government. Below we provide takeaways…more

Broadband, California, Internet, Legislative Agendas, New Legislation

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U.S. Supreme Court Limits EPA’s Climate Change Authority Under the Clean Air Act

The Court’s Decision in West Virginia v. Environmental Protection Agency Opens the Door For Courts to Reconsider and Potentially Erode Chevron Deference - Last Thursday, the U.S. Supreme Court announced a 6-3 decision against…more

Air Pollution, Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Oil & Gas

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COVID-19: Health Care Districts, Nonprofits and FEMA Emergency Assistance

Government agencies, including special and health care districts, as well as some nonprofits, are eligible for Federal Emergency Management Agency assistance under President Trump’s COVID-19 pandemic emergency declaration. Last…more

501(c)(3), Coronavirus/COVID-19, Emergency Response, FEMA, Local Health Care Districts

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First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in…more

Anti-SLAPP, Appeals, First Amendment, Hazardous Waste, Motion to Dismiss

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California Attorney General Clarifies Use of Premium From Sale of School District General Obligation Bonds

Premium Must Be Used for Debt Service Repayment - Until recently, there has been uncertainty surrounding premium generated from new money school district general obligation bonds – can the premium be used to pay certain costs…more

Municipal Advisers, Municipal Bonds, School Districts, State Attorneys General

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City’s Ability to Keep Firearms Away From Dangerous Individuals Affirmed

Ninth Circuit Determines City Did Not Have to Return guns to Wife Because Husband Posed Threat - A city’s ability to protect public safety by preventing dangerous individuals from accessing firearms was affirmed last week by…more

Due Process, Firearms, Forfeiture Statutes, Gun Laws, Just Compensation

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Assembly Bill 557: Updated Procedures for Remote or Hybrid Public Meetings

On October 8, 2023, Assembly Bill 557 (“AB 557”) sponsored by California Special Districts Association (CSDA) and introduced by Assembly Member Gregg Hart (D-37) was signed into law. This bill updates and amends the procedures…more

California, Coronavirus/COVID-19, Hybrid Plan, Public Meetings, Teleconferences

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Will Driverless Car Regulations Leave People with Disabilities Behind?

Earlier this month, the California Department of Motor Vehicles hosted public workshops to discuss its proposed regulations for the deployment of autonomous vehicles. Many advocates for people with disabilities voiced their…more

Automotive Industry, Disabilities, DMV, Driverless Cars, NHTSA

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Attention, Public Agencies! Annual Report Deadline is Approaching

Public Agencies Should Immediately Review Continuing Disclosure Agreements for Any Publicly Offered Municipal Securities - Issuers of publicly offered municipal securities — including bonds, certificates of participation,…more

Deadlines, Municipal Bonds, Municipal Securities Issuers, Reporting Requirements

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Three

In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide…more

Affordable Housing, California, CEQA, Climate Change, New Legislation

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Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

Background on the Telephone Consumer Protection Act - Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls, including calls made by local governments,…more

Auto-Dialed Calls, Do Not Call List, FCC, Robocalling, State and Local Government

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Post-Redevelopment Distribution of Tax Increments Clarified

California Appellate Court Provides Guidance - Passthrough payments negotiated prior to the dissolution of redevelopment agencies must be paid in full before remaining tax increments are distributed…more

Corporate Dissolution, Passthru Payments, Real Estate Development, Redevelopment, Tax Increment Financing

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Housing and Environmental New Laws

Part 2: New Laws Impacting California Public Agencies for 2021 - Among the new laws passed last year by California were a variety that seek to address the State’s ongoing housing shortage and environmental issues. Some of the…more

Affordable Housing, CEQA, Coronavirus/COVID-19, Drinking Water, Eviction

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Appellate Court Rejects CEQA Challenges to Development in Santa Ana - BB&K Team Represented City

In a decision that supports both history and progress, a California appellate court on Wednesday rejected several legal challenges to a residential project on a portion of a former orchard. Representing the City of Santa Ana,…more

CEQA, Historical Rehabilitation, Real Estate Development

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Two Courts Offer Election Guidance: Slow-Walking Ballots is Unconstitutional

Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap - Two recent cases indicate a judicial willingness to intervene in election processes to protect and broaden voting rights. The cases…more

Absentee Voting, Coronavirus/COVID-19, Legislative Agendas, Mail-In Ballots, New Rules

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Calif. Cities Can Still Impose Commercial Eviction Moratoriums

Executive Order Extends Authorization - Many local governments took a collective sigh of relief when California Gov. Gavin Newsom signed Executive Order N-03-21, extending local authorization to impose commercial eviction…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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In With the New – Part Six

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public…more

California, California Department of Food and Agriculture (CDFA), CARES Act, Environmental Policies, Flood Control

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California Proposition 19: What Does This Mean for Property Tax Transfers and Exemptions?

Children Inheriting Parents’ Property Will Be Impacted Financially - Newly passed Proposition 19 will have potentially severe financial consequences for children inheriting property from their parents. Approved by California…more

Popular, Property Owners, Property Tax, Real Estate Market, State and Local Government

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Supreme Court of the United States Grants Writ of Certiorari to Landmark Homeless Enforcement Case from the Ninth Circuit

On August 22, 2023, the City of Grants Pass filed a Petition for a Writ of Certiorari with the Supreme Court of the United States. Once a petition is submitted, the Court issues a response deadline for the Respondent(s); in this…more

Cruel & Unusual Punishment, En Banc Review, Enforcement, Homeless Issues, Petition for Writ of Certiorari

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New Guidance - Secure 2.0 Roth Treatment of Catch-up Contributions

On August 25, 2023 the Internal Revenue Service issued Notice 2023-62, which provides a critical 2-year delay in the enforcement of new retirement plan Catch-up Contributions rules passed under the Secure 2.0 Act of 2022…more

401k, 403(b) Plans, Employee Benefits, Employee Contributions, Employer Contributions

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In With the New – Part Three

BB&K's New Law Guidance for a Happy New Year - In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste…more

CEQA, Filing Requirements, Housing Developers, Urban Planning & Development, Zoning Laws

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CARB Compliance for Construction Contractors

In November 2022, the California Air Resources Board (“CARB”) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations (“Regulations”), which impact construction contractors (“Contractors”) and take effect…more

California, CARB, Certification Requirements, Compliance, Construction Industry

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Three

In the final part of the 2024 Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation related to fire safety, elections, post-entitlement phase permits, streamlined process…more

Affordable Housing, Building Codes, Building Standards, California, Enforcement

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Health Care Districts Facing New Requirements Under AB 2019 - Impacts to Information Sharing, Grant Policies and More

Assembly Bill 2019, signed into law last month by Gov. Jerry Brown, imposes additional requirements on California’s health care districts…more

Affordable Housing, Design-Build, Economic Development, Grants, Health & Safety Standard

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Public-Private Partnership Paves Way To Hotel And Convention Center Development - BB&K Team Led By Partner Seth Merewitz Represents Port Of San Diego In P3 Deal

After several years of efforts, the Port of San Diego and the City of Chula Vista approved a massive public-private partnership deal for the design and development of the $1.1 billion Chula Vista Bayfront hotel and convention…more

Brownfield Properties, Construction Project, Hospitality Industry, Investment, Job Creation

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Best in Law: Three Steps Commercial Landlords Should Take to Avoid COVID-19 Liability

Safe Spaces are a Priority - The federal Occupational Health and Safety Administration recently released new guidelines for employers to implement best practices in protecting workplaces during the COVID-19 pandemic. While…more

Best Practices, Commercial Tenants, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety

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Wage & Hour, Leave and Other New Laws for California Employers

Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021 - While much of the legislation state lawmakers passed in 2020 was in response to the COVID-19 pandemic, California also adopted an array of labor…more

Employer Liability Issues, Independent Contractors, Minimum Wage, Pay Data, Prevailing Wages

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U.S. Supreme Court Removes Federal Clean Water Act Protections and Permitting Requirements from Most U.S. Wetlands

On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only applies…more

Clean Water Act, Environmental Protection Agency (EPA), Inland Waterways, Navigable Waters, Sackett v EPA

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Senate Bill 69 - CEQA Document Filing Change and Fish and Wildlife 2024 Filing Fees Increase

On October 13, 2023, Senate Bill (SB) 69 (Cortese 2023) was enacted and it amended Section 21152 of the Public Resources Code. This amendment provides that all environmental notices (i.e., notices of determination (NODs) and…more

CEQA, Environmental Impact Report (EIR), Filing Fees, Filing Requirements, US Fish and Wildlife Service

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EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

Municipalities and Special Districts Could Face Liability As a Result - The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Proposed Rules

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California’s Moratorium on Water Shut-Offs Extended and Expanded

SB 155 Took Effect Immediately - Until recently, Gov. Gavin Newsom’s executive orders indicated that the moratorium on termination of water service to residential customers and small businesses in critical infrastructure…more

Executive Orders, Governor Newsom, Moratorium, State and Local Government, Water

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Best in Law: Business Interruption Insurance and COVID-19

In March and April, as businesses were suddenly forced to close due to the COVID-19 pandemic, many business owners asked whether there was insurance coverage for the losses caused by the shutdown. Originally published in The…more

Business Closures, Business Interruption, Civil Authority Coverage, Commercial General Liability Policies, Coronavirus/COVID-19

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New California Law Pushes Cities to Approve Electric Vehicle Charging Stations

Large Cities Are Required to Adopt Appropriate Ordinance By Sept. 30 - A new law that just went into effect pushes local governments to approve applications for the installation of electric vehicle charging stations…more

Charging Stations, Electric Vehicles, Local Ordinance, New Legislation, Permits

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New Brown Act Requirements from Second District Court of Appeals

CEQA Finding of Exemption to be Listed on an Agency’s Agenda for its Public Meetings - In G.I. Industries v. City of Thousand Oaks, the Second District Court of Appeal recently held that the City Council’s approval of a…more

Appeals, CEQA, Urban Planning & Development

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“You Can’t Stand in the Way of Progress”

California Appellate Court Says Public Utility Must Pay to Relocate Pipelines to Make Way for Public Transportation Project - In a landmark victory for transportation agencies, the California Court of Appeal brought clarity…more

Appeals, Appellate Courts, Franchises, Oil & Gas, Public Agencies

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NFTs – Non-Fungible Campaign Contributions?

FPPC’s Newly Issued Leiderman Commission Opinion Provides Guidance on Campaign Reporting Obligations - The Fair Political Practice Commission (FPPC) recently issued an opinion addressing campaign reporting obligations for…more

Blockchain, Fair Political Practices Commission (FPPC), Non-Fungible Tokens (NFTs), Political Campaigns, Political Candidates

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California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019 - AB 746 Imposes Requirements for Water Providers and School Districts

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school…more

Drinking Water, Educational Institutions, Lead, New Legislation, School Districts

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City’s Ordinance Upheld - BB&K Team Represented City of San Clemente in Hospital Ordinance Challenge

A team of Best Best & Krieger LLP attorneys represented the City of San Clemente in the successful defense of a City ordinance that ensures operations for a much-needed hospital…more

Emergency Rooms, Healthcare Facilities, Hospitals, Local Ordinance, Public Interest

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Update: Gov. Newsom Signs AB 361 Amending the Brown Act

Urgency Bill Takes Immediate Effect to Allow Virtual Meetings Under Certain Circumstances - As the California State Legislative session drew to a close on September 10, AB 361, one of several bills that had been introduced to…more

Coronavirus/COVID-19, Executive Orders, Governor Newsom, Public Comment, State and Local Government

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Best in Law: Should Your Business File a Property Tax Appeal?

Taxpayers Have Options to Contest their Property Tax Bill - In the past month, California property tax bills have become due. While some markets are hot and property values are rising, commercial property values have declined…more

County Assessors, Property Owners, Property Tax, Property Valuation, Tax Appeals

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California Supreme Court Rules Residency Restrictions are Nonpunitive

A judge can require sex offender registration for a convicted criminal defendant — even if the jury did not find that the crimes were sexual in nature, the California Supreme Court held this week. Interestingly, the Court handed…more

CA Supreme Court, Residency Status, Sex Offender Registry, Sex Offenders

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Housing and Environmental New Laws

Part 2: New Laws Impacting California Public Agencies for 2021 - Among the new laws passed last year by California were a variety that seek to address the State’s ongoing housing shortage and environmental issues. Some of the…more

Affordable Housing, CEQA, Coronavirus/COVID-19, Drinking Water, Eviction

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Face Coverings at Work: Cal/OSHA Issues Revised Regulations

Emergency Temporary Standards Better Align with CDC and CDPH Guidelines - The California Occupational Safety and Health Standards Board voted Thursday to bring its COVID-19 workplace regulations (known as Emergency Temporary…more

Cal-OSHA, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks

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Government Relations Team Gets Passage of Federal Legislation for Local Agency - John Freshman and Ana D. Schwab Advocated on Behalf of RCRCD

Best Best & Krieger LLP Director of Governmental Affairs John Freshman and Assistant Director of Governmental Affairs Ana D. Schwab successfully advocated for federal legislation that will allow a land purchase by a resource…more

Conservation, Department of Agriculture, Legislative Agendas, New Legislation, Real Estate Transfers

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New Housing & Land Use, Local Government and Public Contracting Laws

Part 2: California Laws Impacting Public Agencies for 2020 - How do the laws passed last year by California lawmakers impact how public agencies do business in the new year? In this annual Legal Alert series, Best Best &…more

Affordable Housing, Construction Project, Emergency Management Plans, Enhanced Infrastructure Financing Districts (EIFDs), General Plan

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Appellate Decisions Limiting Groundwater Pumping in an Overdrafted Basin

Antelope Valley Groundwater Basin Adjudication - A California Court of Appeal recently issued two opinions affirming a physical solution limiting the right to pump groundwater by a landowner who has never pumped from the…more

Appeals, Groundwater, Land Owners, Water

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The U.S. Corporate Transparency Act is Almost Here

This is the second in a two-part series discussing the Corporate Transparency Act (CTA) – new legislation enacted by Congress in January 2021, as part of the Anti-Money Laundering Act of 2020. Read the first part of this series,…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Employer Identification Number (EIN), FinCEN

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[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour…more

Contractors, Criminal Background Checks, Department of Labor (DOL), Department of Transportation (DOT), Disability Discrimination

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BB&K Represents Water District in Historic Indian Water Rights Settlement

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of settlement…more

Groundwater, Settlement Agreements, Tribal Lands, Water Rights

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Three

In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide…more

Affordable Housing, California, CEQA, Climate Change, New Legislation

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Wireless Landlords: Checklist for Protecting Landlord Rights and Budgets

In March/April Cover Story of ABA's Probate & Property Magazine, Authors Note Landlords Should Be Prepared to Deal with Tower Lease and License Issues - Landlords should be on the lookout for an increasing number of requests…more

Cell Towers, Landlords, Property Owners, Wireless Industry

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CPUC Proceedings of Note: PG&E Restructuring, Undergrounding and Wildfire Mitigation - Public Agencies Will Be Impacted by Various Actions

Pacific Gas and Electric’s announcement that it intends to file for bankruptcy by the end of January will have a significant impact on public agencies…more

Commercial Bankruptcy, Corporate Restructuring, CPUC, PG&E, Public Agencies

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Ninth Circuit Gives Cities Boost in Regulating Rent Increases - Limitations on Rent Increases Imposed by Cities Not Considered a “Taking”

City governments’ broad powers to enforce rent control and other regulations — even if that results in lower profits for landlords — were reinforced in a recent opinion from the U.S. Ninth Circuit Court of Appeals…more

Fifth Amendment, Municipalities, Property Owners, Regulatory Oversight, Regulatory Standards

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BBK Assists Firm Client Confederated Tribes of Warm Springs Reservation of Oregon Secure Funding From GRIP as Part of Biden-Harris Administration’s $3.5B Investment in America’s Electric Grid

On October 18, 2023, 58 projects across 44 states were awarded funding to strengthen electric grid resilience and reliability as part of President Biden’s Investing in America agenda. The Confederated Tribes of the Warm Springs…more

Biden Administration, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Parking Enforcement Case May Reverberate Beyond 6th Circ.

Like many cities across the nation, the City of Saginaw, Michigan, has used tire chalking — the technique of marking a parked car’s tire with chalk to determine how long it has been stationary. When an officer returns to a car…more

Enforcement, Fourth Amendment, Municipalities, Parking Tickets, Public Safety

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Four

In Part Four of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to election law, density bonus law, parking, labor law, microenterprises, cannabis and crimes…more

California, Cannabis Products, Cannabis-Related Businesses (CRBs), Density Bonus, Elections Code

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Ransomware Prevention and Response Tips for Public Agencies

As Cities, Utilities and Others Increasingly Become Targeted, Privacy & Cybersecurity Partner Leeann Habte Gives Guidance in PublicCEO - Recent ransomware attacks on utilities and municipalities have heightened awareness of the…more

Cyber Attacks, Cybersecurity, Data Protection, Data Security, Hackers

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U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant Levels…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Two

In part two of the 2024 Housing New Law Guidance series we cover important new housing legislation related to CEQA, code enforcement, housing development, the Housing Crisis Act (HCA), housing element, infill infrastructure…more

Affordable Housing, Building Codes, California, CEQA, Enforcement

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Phase I of Final Desert Renewable Energy Conservation Plan Now Publicly Available

Following a public comment period and an extensive nine-month revision effort, the first phase of the Desert Renewable Energy Conservation Plan is finalized and available to the public. The initial draft of the DRECP, which was…more

Conservation, DRECP, Renewable Energy

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Best in Law: IRS Moves Mean It's Time to Shift Family Entity Wealth

The IRS may take action very soon to eliminate or reduce a widely used and valuable family business entity wealth transfer strategy. The window of opportunity to take advantage of this strategy may close within the next month or…more

Business Income, Estate Planning, Family Businesses, Family Limited Liability Companies, Family Limited Partnerships

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Statute Authorizing Transfer of Local Taxes as Penalty is Unconstitutional

California Appellate Court Ruling on Proposition 22 - A statute authorizing the transfer of sales and use tax and property tax revenues from cities is unconstitutional on its face, the California Court of Appeal found last…more

Property Tax, Redevelopment, Sales & Use Tax, Successors, Tax Revenues

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Preparing for COVID-19 Pandemic FEMA Public Assistance Reimbursement

Public Agencies Should Take Steps Now to be Eligible for Cost Recovery - If your agency may provide, has provided or is currently providing extraordinary emergency protective measures as a result of the COVID-19 pandemic,…more

Coronavirus/COVID-19, Disaster Aid, FEMA, Public Agencies, Public Assistance

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Best in Law: Masks in Businesses

What are the Mandatory Face-Covering Requirements? The headlines and social media posts are viral in a hot minute: Business owner rejects maskless customers and customers angrily threaten to sue. Originally published in…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Personal Protective Equipment, Public Health

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Communications Technology Transitions

FCC Seeks Local Government Views - It is rare for the Federal Communications Commission to expressly invite local government participation in formulating communications policy, so when this happens it is worth special…more

FCC, NPRM, Public Comment, Public Policy, Telecommunications

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[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development…more

Best Practices, California Coastal Commission, Coastal Real Estate, Construction Permits, Jurisdiction

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A Toll Increase for Toll Bridge is Not a Tax Increase

California Appellate Court Says Toll is a Fee to Use Government Property, Exempt from Tax Definition- Tolls imposed for use of state-owned toll bridges are not taxes, and increases to the rates for those tolls are not subject…more

Ballot Measures, California, Exemptions, Government Property, Split of Authority

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Governor Signs AB 1307, Clearing Roadblock to University Housing

On September 7, 2023, the Governor signed Assembly Bill 1307 (AB 1307), which provides that noise generated by occupants of residential projects is not a significant effect on the environment under the California Environmental…more

CEQA, Environmental Impact Report (EIR), Governor Newsom, Student Housing

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SCOTUS Moves On Sheetz: Development Impact Fees Imposed By Legislation Must Pass Takings Scrutiny

On April 12, 2024, the United States Supreme Court delivered its highly-anticipated opinion in Sheetz v. County of El Dorado, unanimously holding that fees imposed through legislative action as a condition of property…more

George Sheetz v County of El Dorado, Impact Fees, Litigation Fees & Costs, Nollan v California Coastal Commission, Property Owners

See all updates »

Senate Bill 69 - CEQA Document Filing Change and Fish and Wildlife 2024 Filing Fees Increase

On October 13, 2023, Senate Bill (SB) 69 (Cortese 2023) was enacted and it amended Section 21152 of the Public Resources Code. This amendment provides that all environmental notices (i.e., notices of determination (NODs) and…more

CEQA, Environmental Impact Report (EIR), Filing Fees, Filing Requirements, US Fish and Wildlife Service

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BB&K Files Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case

A team of BB&K attorneys, working pro bono, garnered headlines this week for case of first impression. Best Best & Krieger LLP filed a petition to the U.S. Supreme Court on behalf of two cities and 10 water agencies, asking…more

Appeals, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, SCOTUS

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AB 2048: Public Agencies Must Post Solid Waste and Recycling Hauler Franchise Agreements Online

New Legislation Recently Passed and Signed- The Legislature recently passed and the governor signed AB 2048. The law requires..…more

Franchise Agreements, New Legislation, Public Agencies, Recycling, Solid Waste

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Five

New Legislation Related to Local Government - In Part Five of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to local government. Below we provide takeaways…more

Broadband, California, Internet, Legislative Agendas, New Legislation

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CA Supreme Court Orders Appeals Court Brown Act Opinion Depublished

Opinion requiring local agency to give notice on meeting agenda of CEQA exemption determined by staff is no longer binding precedent, but some CEQA actions must still be agendized - On February 15, 2023, the California…more

Appeals, CA Supreme Court, CEQA, Exemptions, Solid Waste

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SCOTUS Moves On Sheetz: Development Impact Fees Imposed By Legislation Must Pass Takings Scrutiny

On April 12, 2024, the United States Supreme Court delivered its highly-anticipated opinion in Sheetz v. County of El Dorado, unanimously holding that fees imposed through legislative action as a condition of property…more

George Sheetz v County of El Dorado, Impact Fees, Litigation Fees & Costs, Nollan v California Coastal Commission, Property Owners

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Best in Law: Should Your Business File a Property Tax Appeal?

Taxpayers Have Options to Contest their Property Tax Bill - In the past month, California property tax bills have become due. While some markets are hot and property values are rising, commercial property values have declined…more

County Assessors, Property Owners, Property Tax, Property Valuation, Tax Appeals

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U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant Levels…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Calif. Cities Can Still Impose Commercial Eviction Moratoriums

Executive Order Extends Authorization - Many local governments took a collective sigh of relief when California Gov. Gavin Newsom signed Executive Order N-03-21, extending local authorization to impose commercial eviction…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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Homeland Security Unveils State, Local and Cybersecurity Grant Program

First Application Deadline is Nov. 15; 80% Required Pass-Through to Local Governments - The Department of Homeland Security (DHS) announced a notice of funding opportunities (NOFO) for a first-of-its-kind cybersecurity grant…more

Cybersecurity, Department of Homeland Security (DHS), Funding Opportunities, Grants

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When Can a Government Official Limit Comments or Block Users on Social Media?

In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on…more

Best Practices, Data Deletion, First Amendment, Government Officials, Liability

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Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

Background on the Telephone Consumer Protection Act - Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls, including calls made by local governments,…more

Auto-Dialed Calls, Do Not Call List, FCC, Robocalling, State and Local Government

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In Case You Missed It: SB 477 Relocated and Consolidated State ADU Law into a New Government Code Chapter Last Month

In March 2024, the California Legislature enacted Senate Bill 477 as an urgency measure. SB 477 was signed by Governor Newsom on March 26, 2024, and it took effect immediately. The bill’s purpose is to make state law governing…more

Affordable Housing, California, New Legislation

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Business Contracts and Insurance Policies During COVID-19 Pandemic

Do Force Majeure Clauses Include the Coronavirus? The COVID-19 pandemic generated sweeping changes for all California businesses. The state-wide stay-at-home order has forced many businesses to stop operating altogether,…more

Act of God, Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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SB 972 and Its Effect on Sidewalk Food Vending

Cities' Enforcement Options are Further Limited with Decriminalization of California Retail Food Code - Senate Bill 972, which takes effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new…more

Food Safety, Permits, Restaurant Industry, Retailers

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In With the New – Part Six

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public…more

California, California Department of Food and Agriculture (CDFA), CARES Act, Environmental Policies, Flood Control

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12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services - Ninth Circuit Affirms Lower Court’s Dismissals

The Ninth Circuit U.S. Court of Appeals upheld a lower court decision to dismiss 12 Orange County cities from federal antitrust lawsuits alleging the municipalities monopolized ambulance services in their boundaries…more

Ambulance Providers, Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Antitrust Violations

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SB 972 and Its Effect on Sidewalk Food Vending

Cities' Enforcement Options are Further Limited with Decriminalization of California Retail Food Code - Senate Bill 972, which takes effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new…more

Food Safety, Permits, Restaurant Industry, Retailers

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In With the New – Part Six

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public…more

California, California Department of Food and Agriculture (CDFA), CARES Act, Environmental Policies, Flood Control

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In With the New – Part Three

BB&K's New Law Guidance for a Happy New Year - In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste…more

CEQA, Filing Requirements, Housing Developers, Urban Planning & Development, Zoning Laws

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part One

In Part One of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to public contracts, local agencies and public employees. Below we provide takeaways and analyses…more

Browning-Ferris Industries of California Inc., Independent Contractors, Mitigation, New Legislation, Public Employment Relations Board’s (PERB)

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part One

In the first part of the Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation for 2024 related to adaptive reuse projects, density bonus and accessory dwelling units…more

Affordable Housing, California, Density Bonus

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CARB Releases 2022 Scoping Plan Update

Plan Seeks to Achieve Carbon Neutrality and Reduction in Greenhouse Gas Emissions - On December 15, 2022, the California Air Resources Board (CARB) approved its Final 2022 Scoping Plan Update (Scoping Plan or Plan). The…more

CARB, Carbon Capture and Sequestration, Climate Change, Greenhouse Gas Emissions

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CalPERS Contracting Agencies Face New World of Liability Woes

SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors - SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS…more

CalPERS, Compensation & Benefits, Employee Benefits, Pensions, Public Employees

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U.S. Department of Treasury Releases Updated ARPA Interim Final Rule

The Consolidated Appropriations Act of FY23 created new American Rescue Plan Act (ARPA) eligibility – to include response to natural disasters, to build critical information, and support community development. On August 10, 2023…more

American Rescue Plan Act of 2021, Biden Administration, Community Development, Consolidated Appropriations Act (CAA), Housing Developers

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Best in Law: Three Steps Commercial Landlords Should Take to Avoid COVID-19 Liability

Safe Spaces are a Priority - The federal Occupational Health and Safety Administration recently released new guidelines for employers to implement best practices in protecting workplaces during the COVID-19 pandemic. While…more

Best Practices, Commercial Tenants, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety

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Update: Calif. Open Meeting Requirements Under COVID-19

Governor Issues New Executive Order Excusing Physical Location Requirements for Public Comment and Observation for Public Meetings - California Gov. Gavin Newsom issued Executive Order (N-29-20), which, in part, supersedes…more

Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Government Agencies, Public Meetings

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AB 2048: Public Agencies Must Post Solid Waste and Recycling Hauler Franchise Agreements Online

New Legislation Recently Passed and Signed- The Legislature recently passed and the governor signed AB 2048. The law requires..…more

Franchise Agreements, New Legislation, Public Agencies, Recycling, Solid Waste

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Understanding Tribal Sovereignty: An Essential Primer for Productive Native American Relations

The United States recognizes nearly 600 tribes in more than 30 states and tribal sovereignty is protected in the U.S. Constitution, but local governments often lack a general knowledge of tribes’ culture and legal status. In…more

Native American Issues, Sovereign Immunity, Tribal Governments, Tribal Lands

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When Can a Government Official Limit Comments or Block Users on Social Media?

In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on…more

Best Practices, Data Deletion, First Amendment, Government Officials, Liability

See all updates »

Best in Law: Tips for Better Business-City Relations

How Businesses Can Foster and Leverage Positive Municipal Relationships - Smart entrepreneurs and business owners understand that success comes not only from strong internal operations but also through good relationships with…more

Business Development, Business Ownership, Entrepreneurs, Municipalities

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Governor Vetoes SB 222, Water Rate Assistance Program Legislation

Bill Would Have Created a Statewide Water Rate Assistance Program Under Which Local Water Suppliers Would Have Provided Assistance to Eligible Customers - SB 222, authored by Sen. Bill Dodd, was vetoed by California’s…more

Governor Newsom, Water, Water Resources Control Board, Water Supplies

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Deadline Removed for Local Government Regulation of Medical Marijuana Cultivation in California

The provision of the Medical Marijuana Regulation and Safety Act that created a March 1 deadline for any local regulations of medical marijuana cultivation was removed last week with Gov. Jerry Brown’s signing of AB 21. The…more

Deadlines, Decriminalization of Marijuana, Dispensaries, Local Ordinance, Medical Marijuana

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Court Rules on Parking Reduction & CEQA Impact

Confirms Reduction in Parking Considered Social Impact Rather Than Environmental - The Second Appellate District Court of Appeal has upheld approval of a recreational improvements/ecological restoration project despite the…more

CEQA, Land Developers, Urban Planning & Development

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Governor Signs AB 1307, Clearing Roadblock to University Housing

On September 7, 2023, the Governor signed Assembly Bill 1307 (AB 1307), which provides that noise generated by occupants of residential projects is not a significant effect on the environment under the California Environmental…more

CEQA, Environmental Impact Report (EIR), Governor Newsom, Student Housing

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Real Estate Acquisitions for Public Agencies: Do Your Homework!

Thorough, Fact-finding Due Diligence Mitigates Risks, Writes Real Estate Attorney Nancy Park in PublicCEO - Real estate acquisitions gone awry can be damaging for public agencies. They can tarnish an agency’s reputation,…more

Acquisitions, Due Diligence, Easements, Real Estate Market

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City’s Ordinance Upheld - BB&K Team Represented City of San Clemente in Hospital Ordinance Challenge

A team of Best Best & Krieger LLP attorneys represented the City of San Clemente in the successful defense of a City ordinance that ensures operations for a much-needed hospital…more

Emergency Rooms, Healthcare Facilities, Hospitals, Local Ordinance, Public Interest

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Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment Update: Part II

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more…more

#MeToo, Administrative Law Judge (ALJ), Adverse Employment Action, Americans with Disabilities Act (ADA), Civil Rights Act

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Protecting Trade Secrets in a Remote Working World

Mitigating Trade Secret Risks in a New Workplace - The protection of trade secrets has always been vital to maintaining a successful business, particularly as companies innovate and use technology in creative ways to obtain a…more

Defend Trade Secrets Act (DTSA), Former Employee, Intellectual Property Protection, Misappropriation, Remote Working

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Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that…more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits

Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund - The U.S. Environmental Protection Agency has rescinded January 2020 guidance on how…more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA), Functional Equivalent

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In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB…more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

See all updates »

BB&K Advises on Partnership and Acquisition Deal for Safe Company - Creates Market Leader in the Field

A team of Best Best & Krieger LLP attorneys represented Cannon Safe, the leading manufacturer of large-scale residential safes and innovator in home defenses systems, in a deal that will expand their services and market share…more

Acquisition Agreements, Partnerships, Security Systems

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Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that…more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

Lawful or Landmine? Court Rules on First Amendment Snares - Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local government;…more

Compelling Governmental Interest, Content-Based Restrictions, First Amendment, Free Speech, Local Ordinance

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Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving groundwater…more

Court of Federal Claims, Groundwater Management Plan, Native American Issues, Standing, Tribal Governments

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California Proposition 19: What Does This Mean for Property Tax Transfers and Exemptions?

Children Inheriting Parents’ Property Will Be Impacted Financially - Newly passed Proposition 19 will have potentially severe financial consequences for children inheriting property from their parents. Approved by California…more

Popular, Property Owners, Property Tax, Real Estate Market, State and Local Government

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Three

In the final part of the 2024 Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation related to fire safety, elections, post-entitlement phase permits, streamlined process…more

Affordable Housing, Building Codes, Building Standards, California, Enforcement

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Tax Bill Impacts - Immediate, Critical Impacts on State and Local Governments

The U.S. House of Representatives Republican tax bill released yesterday would impact state and local government issuers of tax-exempt bonds in a few significant ways. …more

Bonds, IRS, State and Local Government, Tax Exemptions, Tax Rates

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COVID-19: Local Authority in a Public Health Crisis

One Short-Lived Case Raises Questions About the Limitations on Cities' Ability to Respond to State and Federal Action in the Face of an Outbreak - Amid the COVID-19 pandemic, cities may be questioning what kind of local…more

China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Health and Safety

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The U.S. Corporate Transparency Act is Almost Here

This is the second in a two-part series discussing the Corporate Transparency Act (CTA) – new legislation enacted by Congress in January 2021, as part of the Anti-Money Laundering Act of 2020. Read the first part of this series,…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Employer Identification Number (EIN), FinCEN

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CalPERS Contracting Agencies Face New World of Liability Woes

SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors - SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS…more

CalPERS, Compensation & Benefits, Employee Benefits, Pensions, Public Employees

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Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published in…more

Amended Regulation, Manufacturers, OEHHA, Proposition 65, Public Health

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In With the New – Part Three

BB&K's New Law Guidance for a Happy New Year - In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste…more

CEQA, Filing Requirements, Housing Developers, Urban Planning & Development, Zoning Laws

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Governor Newsom Endorses Legislation to Bolster Bargaining Rights for Temporary Public Employees

On October 10, 2023, Governor Newsom signed California Assembly Bill 1484 (2023) (“AB 1484”), supporting bargaining rights for temporary employees effective January 1, 2024.  AB 1484 amends existing law under the…more

Bargaining Power, California, Employees, Employer Liability Issues, Governor Newsom

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Two

New Legislation Related to Redistricting, Public Works, Advertising, Fire Safety and Planning and Zoning - In Part Two of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for…more

Advertising, Jurisdiction, Labor Code, New Legislation, Public Hearing

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CEQA Document Filing Fees Increase for 2021

California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination filed…more

CEQA, Environmental Impact Report (EIR), Environmental Policies, Filing Fees, State Department of Fish and Wildlife

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U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant Levels…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Bridging the Gap: Maximizing the Benefits of Working in an Intergenerational Office

BB&K’s Mrunal Shah on Understanding Generational Strengths and Styles to Work as a More Effective Unit - There’s an old adage widely attributed to George Bernard Shaw that says: “If youth is wasted on the young, then wisdom…more

Baby Boomers, Gen-Xers, Generation Z, Millennials, Municipalities

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New Public Agency Laws on Safety, Finance, Contracting and More

Part 1: New Laws Impacting California Public Agencies for 2021 - With the unique challenges that 2020 brought, California lawmakers passed bills that addressed both the State’s ongoing problems, as well as laws responsive to…more

Law Enforcement, Political Reform Act, Prevailing Wages, Public Agencies, Public Contracts

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When Can a Government Official Limit Comments or Block Users on Social Media?

In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on…more

Best Practices, Data Deletion, First Amendment, Government Officials, Liability

See all updates »

California Legislature Grants Housing Element Compliance Extensions; Makes Available Billions More in Housing Funds

California Cities and Homeless Efforts to Benefit From SB 197 - California cities will have, under certain circumstances, an extended timeframe to complete rezoning required by an adopted housing element now that Gov. Newsom…more

Community Development, Homeless Issues, Housing Developers, Urban Planning & Development

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Failure To Pay Under Protest Prevents Ratepayer From Challenging Garbage Collection Charges

Padilla v. San Jose Decision Sheds Light on How Cities Can Obtain Health and Safety Code Protections for Water, Sewer, Stormwater and Solid Waste Fees - A California Court of Appeal has determined that San Jose ratepayers are…more

Failure To Pay, Health and Safety, Municipalities, Sanitation, Storm Water

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Face Coverings at Work: Cal/OSHA Issues Revised Regulations

Emergency Temporary Standards Better Align with CDC and CDPH Guidelines - The California Occupational Safety and Health Standards Board voted Thursday to bring its COVID-19 workplace regulations (known as Emergency Temporary…more

Cal-OSHA, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks

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U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act…more

Conservation, Critical Habitat, Economic Impact Analysis, Endangered Species Act (ESA), Judicial Review

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In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB…more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

See all updates »

Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that…more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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California Public Records Recodification

AB 473 Takes Effect January 1, 2023, recodifying and reorganizing this important statute - The California Public Records Act (CPRA) was enacted in 1968 to promote public access to public records, while also recognizing…more

Public Access Laws, Public Records, State and Local Government

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Best in Law: Possible Prop. 13 Changes Will Impact Businesses - Partner Gregory Snarr Discusses Potential Ballot Measure

In 2020, California voters will likely have the opportunity to change a provision of Proposition 13 that will substantially impact California businesses. Originally posted in The Press-Enterprise and other Southern California…more

Ballot Measures, Fair Market Value, Property Owners, Property Tax, Proposition 13

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Two

In part two of the 2024 Housing New Law Guidance series we cover important new housing legislation related to CEQA, code enforcement, housing development, the Housing Crisis Act (HCA), housing element, infill infrastructure…more

Affordable Housing, Building Codes, California, CEQA, Enforcement

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Five

New Legislation Related to Local Government - In Part Five of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to local government. Below we provide takeaways…more

Broadband, California, Internet, Legislative Agendas, New Legislation

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In Case You Missed It: SB 477 Relocated and Consolidated State ADU Law into a New Government Code Chapter Last Month

In March 2024, the California Legislature enacted Senate Bill 477 as an urgency measure. SB 477 was signed by Governor Newsom on March 26, 2024, and it took effect immediately. The bill’s purpose is to make state law governing…more

Affordable Housing, California, New Legislation

See all updates »

A Bankruptcy Trustees Power to Abandon Property of the Estate: The Public Heath or Safety Exception - BB&K Attorneys Cathy Ta and Holland Stewart Featured in Riverside Lawyer Magazine

Chapter 7 trustees play a vital and essential role in the United States bankruptcy system. In every Chapter 7 bankruptcy filing, a Chapter 7 trustee is appointed by the bankruptcy court to oversee the administration of the…more

Abandonment, Chapter 7, Commercial Bankruptcy, Department of Environmental Protection, Environmental Site Assessment

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Middle Class Housing Act Reduces Local Control

Qualified housing projects in commercial zones would no longer require rezoning - Senate Bill (SB) 6, the Middle Class Housing Act of 2022 (the Act), was signed into law by Governor Gavin Newsom last fall and goes into effect…more

Governor Newsom, Housing Developers, Urban Planning & Development, Zoning Laws

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CARB Compliance for Construction Contractors

In November 2022, the California Air Resources Board (“CARB”) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations (“Regulations”), which impact construction contractors (“Contractors”) and take effect…more

California, CARB, Certification Requirements, Compliance, Construction Industry

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Beware of Coastal Act Violations: Court Upholds Coastal Commission’s Authority to Impose up to $20 Million Penalty

Property Owner’s Beach Access Case - The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the Coastal…more

Beach Access, Beachfront Properties, California Coastal Commission, Coastal Real Estate, Property Owners

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City Can’t Immediately Seize and Destroy “Bulky” Items Belonging to the Homeless Without a Warrant or Notice

Los Angeles Blocked From Enforcing Ordinance Allowing for the Immediate Seizure and Destruction of Large Personal Property Stored in Public. …more

Asset Seizure, Homeless Issues, Local Ordinance, Low-Income Issues, Municipalities

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When Public Opinion Surveys Become Reportable Expenditures Under the Political Reform Act

FPPC Advises When Public Agencies Can Survey Voters and Disseminate Results - Public agencies that wish to conduct public opinion surveys before the next election received additional guidance from a recent Fair Political…more

Fair Political Practices Commission (FPPC), Political Campaigns, Political Reform Act, Public Agencies, Surveys

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Ninth Circuit Sides with Orange County in Retiree Health Benefits Case

A Practice or Policy without Clear Legislative Intent Does Not Create Implied Contractual Right to Retiree Health Benefits - A federal appellate court has affirmed a U.S. District Court’s decision to grant Orange County’s…more

Benefit Plan Sponsors, Employee Benefits, Retirement Plan

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Housing and Environmental New Laws

Part 2: New Laws Impacting California Public Agencies for 2021 - Among the new laws passed last year by California were a variety that seek to address the State’s ongoing housing shortage and environmental issues. Some of the…more

Affordable Housing, CEQA, Coronavirus/COVID-19, Drinking Water, Eviction

See all updates »

Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving groundwater…more

Court of Federal Claims, Groundwater Management Plan, Native American Issues, Standing, Tribal Governments

See all updates »

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB…more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

See all updates »

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal…more

Cease and Desist Orders, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Mortgage Payment Relief During COVID-19 Crisis

Federal and State Programs for Borrowers, Including CARES Act - California is experiencing a massive uptick in unemployment claims because of the ongoing COVID-19 crisis, with more than 1 million new applications for…more

Borrowers, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Grace Period

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A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Four

In Part Four of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to election law, density bonus law, parking, labor law, microenterprises, cannabis and crimes…more

California, Cannabis Products, Cannabis-Related Businesses (CRBs), Density Bonus, Elections Code

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Planning, Zoning and Development Legal Update

A Q&A With BB&K Of Counsel Todd Leishman and Partner Alisha Winterswyk - The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a…more

CEQA, Housing Developers, Municipalities, Urban Planning & Development, Zoning Laws

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Best In Law: Mechanics Liens And Arbitration Rights - Partner Victor L. Wolf Writes For The Press-Enterprise

Contrary to the old adage, a mechanics lien claimant that also has a contractual right to seek binding arbitration of disputes can have it both ways — provided they take action to preserve their arbitration rights. Originally…more

Arbitration, Binding Arbitration, Construction Contracts, Construction Industry, Contractors

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In With The New – Part Four

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Four of our “In With the New” series, Best Best & Krieger LLP’s Advanced Records Center (ARC) team covers important new legislation and case law related to…more

California, New Legislation, Public Access Laws, Public Records, Public Records Act

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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