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.
Number of Attorneys
100+ Attorneys

Cal/OSHA Withdraws Proposed COVID-19 Workplace Standards Changes

New Draft ETS Revisions Expected Friday - In light of recent guidance changes from the Centers for Disease Control and Prevention and the California Department of Public Health, the California Occupational Safety and Health…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workplace Safety

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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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EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

Clarity Provided for New “Functional Equivalent” Test - Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The…more

Clean Water Act, Comment Period, Direct Discharge, Discharge of Pollutants, Draft Guidance

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Election Void for Being Held on Improper Day, Court Holds

California Appellate Court Invalidates Water District Board Election - A recent decision by a California appellate court highlights the importance of holding elections in accordance with the time and date requirements of the…more

Appeals, Board Members, Election Laws, Municipalities, State and Local Government

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New Year, New Laws Impacting Public Agencies In California – Part I

The California Legislature passed a number of laws last year that will have a significant impact on how public agencies — including cities and counties, special districts, schools and school districts and more — do business…more

Absentee Voting, Broadband, Decriminalization of Marijuana, Financing, Infrastructure

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New Environmental and Telecommunications Laws

Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency…more

911 Calls, Affordable Housing, Business Licenses, CEQA, Coastal Real Estate

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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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Pre-Condemnation Entry Statutes Found Unconstitutional

Direct Condemnation Action Needed to Conduct Statutory Pre-Condemnation Studies - For the first time in 38 years, a court has declared part of California’s statutory eminent domain law unconstitutional. On March 13, the…more

Condemnation, Eminent Domain, Takings Clause

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COVID-19 and the Workplace: Can Employers Make Vaccinations Mandatory?

Examining the Various Questions Employers May Have Surrounding COVID-19 Vaccinations - It has been reported that a COVID-19 vaccine will be approved for production and distribution within the next few months. Once vaccinations…more

ADA, Coronavirus/COVID-19, EEOC, Employment Policies, OSHA

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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 Issues the Nation’s Strictest Notice Levels for PFAS in Drinking Water

New Response Thresholds and Regulations in the Works for Public Water Suppliers - California has now established the strictest notice levels for PFAS substances of any state in the U.S., and is moving to establish new…more

Contamination, Drinking Water, Environmental Policies, Hazardous Substances, Infrastructure

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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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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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SEC Settles With Muni Bond Issuer

A settlement announced this week by the SEC serves as a reminder that the Commission is in the process of reviewing the Municipalities Continuing Disclosure Cooperation participants, and that it will continue to pursue issuers…more

Disclosure Requirements, Enforcement Actions, MCDC, Municipal Bonds, Municipal Securities Issuers

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California Water Commission Working on Inventory of State Water Storage Projects

As chair of the California Water Commission, I spoke last week at the inaugural Delta Stewardship Council Interagency Implementation Committee on the actions the Commission has taken, in collaboration with ACWA and the Delta…more

Delta Stewardship Council, Public Projects, State Water Project

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New Surplus Land Act Requirements to Take Effect Jan. 1

California Public Agencies Impacted by AB 1486 Mandates - Assembly Bill 1486 brought California public agencies into a new era of required compliance with the Surplus Land Act. Taking effect on Jan. 1, 2020, the Act created…more

Affordable Housing, Community Development, Housing Developers, State and Local Government, Urban Planning & Development

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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

See all updates »

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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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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COVID-19 Orders: Government Takings?

In Law360, BB&K's Gene Tanaka and Emily Chaidez Evaluate if COVID-19 Orders are Temporary Takings - The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor Newsom

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Tips On Selecting a Retirement Plan Adviser When You Can’t Meet Them in Person

Over the past several months, we have seen a number of public agency clients struggle through the process of evaluating and selecting a retirement plan adviser based only on generic questionnaires, a few phone calls, and an…more

401k, 457(b) Plans, Benefit Plan Sponsors, Employee Benefits, ERISA

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[WEBINAR] Developing FEMA Compliant Procurement Procedures

This webinar provided a brief overview of the various issues that frequently arise for public agencies in the realm of emergency contracting focusing on the development of FEMA-compliant contracting and procurement policies…more

Audits, Best Practices, Bid Solicitation, Bonds, Competition

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DWR Releases Draft Guidebook for 2020 Urban Water Management Plans

Stakeholders Have Until Sept. 21 to Review and Comment - The California Department of Water Resources released its long-awaited draft Guidebook for 2020 Urban Water Management Plans last week. The Guidebook is designed to…more

Department of Water Resources, Environmental Policies, Infrastructure, Water, Water Conservation

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The U.S. Department of Education Continues Its War on Bullying - “Dear Colleague” Letter Focuses on Protecting Students with Disabilities

A school district’s failure to properly address bullying of students with disabilities could result in a denial of a free appropriate public education (FAPE) for those students. This is the message clearly conveyed to school…more

Bullying, Department of Education, Disabled Children, Free Access, IDEA

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Coronavirus Relief Fund Deadlines for California Cities and Counties

Certification Form Must be Submitted by July 10; Expenditure Report by Sept. 1 - The Coronavirus Relief Fund, as with other federal and state funds, are accompanied by requirements and stipulations. California cities and…more

Certification Requirements, Coronavirus/COVID-19, Disaster Relief Fund, Filing Deadlines, Relief Measures

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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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EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act - The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water Act…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

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Court Grants Attorneys' Fees Against City in Development Litigation

CEQA Appellate Court Decision Analyzed by BB&K's Amanda Daams in PublicCEO - A large attorneys’ fees award under the private attorney general statute was recently affirmed by a California Appellate Court. The case, Building a…more

Attorney's Fees, CEQA, Environmental Impact Report (EIR), Land Developers

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New Environmental and Telecommunications Laws

Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency…more

911 Calls, Affordable Housing, Business Licenses, CEQA, Coastal Real Estate

See all updates »

New Filing Deadline for JPAs Approaches - JPAs Providing Municipal Services Must File with LAFCOs by July 1

The Senate Bill 1266-imposed deadline for joint powers agencies and joint powers authorities to file their joint powers agreements and any amendments with the LAFCO in each applicable county is approaching. JPAs formed prior to…more

Filing Requirements, Governor Brown, Joint Powers Agencies (JPAs), Municipalities, New Legislation

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Reporting Non-Employee Compensation: A Year of Change

The New Form 1099-NEC Changes Non-Employee Compensation Reporting Requirements - The IRS has made significant changes as to how non-employee compensation must be reported. In the past, compensation of $600 or more paid to…more

1099s, Compensation & Benefits, Independent Contractors, IRS, Non-Employees

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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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Project Roomkey Applications for COVID-19 Homeless Housing Available Soon

California Providing $100 Million to Local Governments - Project Roomkey provides $100 million directly to California local governments for emergency shelter support and emergency housing, such as motel or hotel rooms, for…more

Coronavirus/COVID-19, Homeless Issues, Hotels, Relief Measures, Shelter-In-Place

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California's Highest Court Upholds San Jose's Affordable Housing Ordinance

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose, the…more

Affordable Housing, CA Supreme Court, California Building Industry Association (CBIA), City of San Jose, Exactions

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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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Keeping PACE with Energy Efficiency Demand in California - BB&K's Warren Diven Writes About The Statewide Expansion of the HERO Program

Property Assessed Clean Energy Financing (PACE) programs, for residential and commercial properties, were in development throughout the United States when the Federal Housing Finance Agency (FHFA) sought to impose limits on such…more

Annual Assessments, Clean Energy, Energy Efficiency, Energy Projects, FHFA

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Five Takeaways for Commercial Landlords When Tenants File Bankruptcy

COVID-19 Pandemic Likely to Increase Bankruptcy Filings- As the COVID-19 pandemic forces authorities across the country to swiftly react to public health developments and setbacks, the process of reopening businesses to the…more

Automatic Stay, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners, Commercial Tenants

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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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Connecting Housing and Transportation for Livable Cities

California Gov. Gavin Newsom sent a strong warning to cities and counties early this year: Meet your state housing goals or forfeit your Senate Bill 1, or “Gas Tax,” road repair dollars. Originally published in PublicCEO.com…more

Affordable Housing, Critical Infrastructure Sectors, Gas Taxes, Housing Market, Legislative Agendas

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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

See all updates »

Cal/OSHA Withdraws Proposed COVID-19 Workplace Standards Changes

New Draft ETS Revisions Expected Friday - In light of recent guidance changes from the Centers for Disease Control and Prevention and the California Department of Public Health, the California Occupational Safety and Health…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workplace Safety

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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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AB 3088: California Eviction Protections

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 - To address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business…more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Financial Distress

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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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Court Provides Guidance in Applying “Racially Polarized Voting” Analysis to a California Voting Rights Act Challenge

Court of Appeal Decision in Yumori-Kaku et al. v. City of Santa Clara - The City of Santa Clara’s method of electing city council members at-large — in which each council member is elected by all City voters — violated the…more

Appeals, City Councils, State and Local Government, Voting Rights

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FCC Takes Action on Wireless RF Emissions Standards

Will this Quell Public Concerns About the Safety of 5G Deployments? As wireless carriers increasingly seek to install wireless networks on utility poles and street lights within communities across the country, they often…more

5G Network, Cell Towers, Environmental Policies, FCC, Health and Safety

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Employer May Require Medical Reevaluation of Employee's Fitness For Duty Following FMLA Leave

Reevaluation Allowed as long as Job-Related and Consistent with Job Necessity - A California Court of Appeal recently held that the Los Angeles County District Attorney’s Office’s (DA) decision requiring an investigator…more

ADA, Disability, Disability Discrimination, Employer Liability Issues, Fitness for Duty Exams

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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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Disclosing Law Enforcement Personnel Records

The Intersection Between Brady Lists, Pitchess Statutes and SB 1421 - California law enforcement agencies in California are now confronted with the interplay among Brady lists and alerts, the Public Records Act, and Pitchess…more

Disclosure Requirements, Law Enforcement, Personnel Records, Police

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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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CCPA Enforcement Begins as AG Proposes Rules

Final Regulations to Help Businesses Comply with California Consumer Privacy Act; Ballot Measure Could Expand Privacy Protections - The Attorney General began enforcing the California Consumer Privacy Act, meant to give…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Management, Data Privacy

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EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

Clarity Provided for New “Functional Equivalent” Test - Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The…more

Clean Water Act, Comment Period, Direct Discharge, Discharge of Pollutants, Draft Guidance

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Three Federal Actions to Address COVID-19

How These New Measures Impact Businesses, Public Agencies and Employees - As of today, the United States government has taken two significant actions to provide resources to address the Novel Coronavirus COVID-19: On March 6,…more

Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, FMLA, Public Health

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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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Mobile Billboard Ordinance that Exempts Certain Vehicles is a Content-Based Regulation

Such Regulations are Subject to Strict Scrutiny, Ninth Circuit Rules - A city ordinance that prohibits parking mobile billboards on public streets, but exempts authorized emergency or construction-related vehicles, is a…more

Advertising, Billboards, Content-Based Restrictions, First Amendment, Local Ordinance

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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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New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of the…more

ADA, Appeals, Credentialing, Due Process, Financial Assistance Policies

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When is a Franchise Fee a Tax?

Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a…more

Franchise Agreements, Franchise Fees, Municipalities, Public Agencies, State and Local Government

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COVID-19: Guidance for Landlords and Tenants

Practical Tips for Each in Navigating Coronavirus-Related Rent Issues - The coronavirus crisis and resulting executive orders from the Governor requiring businesses to close or reduce operations have significantly affected…more

Coronavirus/COVID-19, Crisis Management, Landlords, Rent, Rental Property

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Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision

Court Raises the Bar on Appeals Following Voluntary Dismissal - A plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims, the U.S. Ninth Circuit Court of Appeals…more

Arbitration, Arbitration Agreements, Motion to Compel, Voluntary Dismissals

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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 »

Changing Jobs During a Pandemic? Four Questions to Ask

BB&K’s Alissa Hurns Shares Lessons Learned in the Black Women Lawyers Association of Los Angeles’ Newsletter - Best Best & Krieger LLP Labor & Employment litigator Alissa Hurns joined the firm in the midst of the COVID-19…more

Best Practices, Coronavirus/COVID-19, Hiring & Firing, Infectious Diseases

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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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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 537 Creates a “Deemed Granted” Remedy for all Wireless Applications, Including Small Cells

Assembly Local Government Committee Hearing Set for Wednesday, April 14 - Assembly Bill 537 would expand Government Code section 65964.1 to provide a deemed granted remedy for all types of wireless applications…more

FCC, Telecommunications, Wireless Facilities, Wireless Industry

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Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision

Court Raises the Bar on Appeals Following Voluntary Dismissal - A plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims, the U.S. Ninth Circuit Court of Appeals…more

Arbitration, Arbitration Agreements, Motion to Compel, Voluntary Dismissals

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Special Taxes by Voter Initiative Only Require Majority Voter Approval

For the Second Time This Year, California Appellate Court Upholds Voting Requirement - Initiative power is the power of the electorate to propose new laws subject to approval by voters, including the right to impose taxes for…more

Local Taxes, Special Tax, State and Local Government, State Taxes

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Best in Law: Remote Working Laws for Calif. Employers

BB&K Attorneys Damian Moos and Kandice Kim Write About What Employers Should Know in the Southern Calif. Newspaper Group - In response to state and local COVID-19 stay at home orders, many California employers transitioned…more

Business Expenses, California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Data Collection, Employee Privacy Rights

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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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Dockless Scooters, Data & Privacy

Court Holds There is No Reasonable Expectation of Privacy in Rental Scooter Location Information - Innovations are often described as “disruptive.” For cities, perhaps no recent innovation has been as disruptive – in more…more

Data Privacy, Electronic Devices, Fourth Amendment, Search & Seizure

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New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of the…more

ADA, Appeals, Credentialing, Due Process, Financial Assistance Policies

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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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Federal Appeals Court Partially Reverses FCC’s Cable Ruling; Preempts City of Eugene’s Broadband Fee

Offset for In-Kind Services Limited to Marginal Costs, not Market Value - Today, a federal appeals court partially upheld the Federal Communications Commission’s most recent interpretation of the Cable Act’s limits on local…more

Broadband, FCC, Fees, Telecommunications

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Coronavirus State and Local Fiscal Recovery Fund Guidance for NEUs

U.S. Treasury Provides Direction on Distribution to Non-Entitlement Units of Local Government - Yesterday, the U.S. Treasury released additional guidance on the Coronavirus State and Local Fiscal Recovery Fund, specifically…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Infectious Diseases, Relief Measures, State and Local Government

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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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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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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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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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Sidewalk Vending Laws: Three Lessons Learned

BB&K Attorney Albert Maldonado Shares Insights from Helping Cities with Sidewalk Vendor Laws - It has been nearly 2 years since Senate Bill 946 went into effect, which limits how local governments can regulate sidewalk…more

Local Ordinance, Local Rules, State and Local Government, Vendors

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[WEBINAR] Enforcement of Solicitation/Panhandling Regulations and Overview of SB 946 (Sidewalk Vending)

The recent invalidation of the City of Sacramento’s aggressive solicitation ordinance in SRCEH v. City of Sacramento illustrates the dilemma faced by cities when trying enforce regulations that affect free speech rights. This…more

First Amendment, Free Speech, Municipalities

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U.S. Treasury Releases Guidance on the Coronavirus State and Local Fiscal Recovery Funds

Six Ways the Funds Can be Used - Today, the U.S. Treasury released the Interim Final Rule on the Coronavirus State and Local Fiscal Recovery Funds. The funds were authorized by the American Rescue Plan Act of 2021, which was…more

Coronavirus/COVID-19, Essential Workers, Interim Final Rules (IFR), Public Health Emergency, Relief Measures

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FCC Adopts Rules that Could Impact Concealment of Wireless Infrastructure

How Communities Can Respond - The FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking ("Order" and "NPRM," respectively) related to Section 6409 modification requests (eligible facilities requests) on June 9…more

Cell Towers, FCC, Infrastructure, Real Estate Development, Right of Way

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EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act - The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water Act…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

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New Year, New Laws Impacting Public Agencies in California – Part II

Housing and Land Use and Environmental Laws Saw Changes in 2019 - The California Legislature passed a number of laws last year that will have a significant impact on how public agencies — including cities and counties,…more

Affordable Housing, Building Codes, Building Permits, Density Bonus, General Plan

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FCC Should Use Scalpel, Not Ax to Preempt State Laws Limiting Muni-Broadband

On Feb. 26, the FCC plans to act to preempt state laws that retard development of municipally owned broadband networks. The breadth of the potential preemption is unclear. The decision will occur at the same meeting at which the…more

Broadband, FCC, Internet Service Providers (ISPs), Net Neutrality, Preemption

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EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act - The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water Act…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

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Law Enforcement May Not Destroy Seized Firearms Without Providing Notice to the Owner

Ninth Circuit Reverses Lower Court Ruling on Due Process Grounds - The Los Angeles Police Department obtained a search warrant from the Los Angeles Superior Court and seized more than 400 firearms from Wayne Wright’s…more

Due Process, Firearms, Law Enforcement, Police

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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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CCPA Enforcement Begins as AG Proposes Rules

Final Regulations to Help Businesses Comply with California Consumer Privacy Act; Ballot Measure Could Expand Privacy Protections - The Attorney General began enforcing the California Consumer Privacy Act, meant to give…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Management, Data Privacy

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California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize…more

CA Supreme Court, CEQA, Construction Industry, Construction Permits, Construction Project

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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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How to Track and Report Recyclables Landfilled Due to COVID-19

CalRecycle Issues Guidance to Local Agencies The California Department of Resources Recycling and Recovery released guidance for how a city, county or a regional agency responsible for meeting Integrated Waste Management Act…more

Coronavirus/COVID-19, Executive Orders, Landfills, New Guidance, Public Health Emergency

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Public Officials' New Social Media Open Meeting Law

California's AB 992 Analyzed in PublicCEO by BB&K's HongDao Nguyen and Albert Maldonado - Clicking the “like” button has become second nature. Whether it’s a thumbs up, hug or sad face on Facebook, or a heart reaction on…more

Facebook, Instagram, Social Media, Social Networks, Twitter

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Best in Law: Online Recruiting Legal Pitfalls

The COVID-19 pandemic has forced businesses to change their recruitment and hiring practices. While the Internet had already shifted the way people look for, apply to and fill jobs, small businesses will now, more than ever,…more

Coronavirus/COVID-19, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to comply…more

Agricultural Land, Appeals, Farms, Infrastructure, Land Owners

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SEC Leaders Release Statement on Disclosure by Issuers of Municipal Securities in Light of COVID-19

Municipal Issuers Urged to Consider Providing Voluntary Disclosure Regarding the Impacts of COVID-19 on Operations and Finances Municipal issuers with pending offerings of municipal securities or required filings are being…more

Coronavirus/COVID-19, Disclosure Requirements, Investment, Municipal Securities Issuers, Municipal Securities Market

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DOL’s Joint Employer Rule Struck Down by Federal Court

California Among 18 States that Successfully Challenged “Vertical Employment” Liability Rule - Portions of the U.S. Department of Labor’s new rule regarding vertical joint employer liability were tossed out by a federal…more

Arbitrary and Capricious, Department of Labor (DOL), Employer Liability Issues, FLSA, Joint Employers

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Best in Law: Unmasking COVID-19 Workplace Rules

Brian Reider and Joseph Ortiz Discuss Employer Responsibilities in the Southern California Newspaper Group - It is inevitable that virtually every business will have an employee with a positive COVID-19 result. Some…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases, Re-Opening Guidelines

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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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New Tribal Consultation Process for Multi-Family Housing

California’s AB 168 Adds Requirements to Approval Process - Assembly Bill 168, now in effect, adds new requirements to the streamlined ministerial approval process for multi-family housing mandated in Senate Bill 35, which…more

Consultation, Housing Developers, Multi-Family Housing, Native American Issues

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California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the…more

CA Supreme Court, CEQA, Dispensaries, Environmental Liability, Environmental Policies

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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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Insurance Coverage for COVID-19 Losses

Policies that May Provide Coverage for Coronavirus - Public and private entities carry a variety of insurance policies that may help mitigate business losses related to COVID-19. Such losses may include slowdown or suspension…more

Business Disruption, Business Interruption, Business Losses, Civil Authority Coverage, Coronavirus/COVID-19

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An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many…more

Advertising, Churches, Content-Based Restrictions, Content-Neutral, First Amendment

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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, ADA, Adverse Employment Action, ALJ, Civil Rights Act

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Best in Law: Protecting Privacy on COVID-19 Contact Tracing Apps

Glen Price Discusses Privacy Issues Around COVID-19 CA Notify App and Others - From the beginning of the COVID-19 pandemic, public health officials around the world have looked to use the benefits of big data and the ubiquity…more

Contact Tracing, Coronavirus/COVID-19, Data Collection, Data Privacy, Data Protection

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Court Provides Guidance in Applying “Racially Polarized Voting” Analysis to a California Voting Rights Act Challenge

Court of Appeal Decision in Yumori-Kaku et al. v. City of Santa Clara - The City of Santa Clara’s method of electing city council members at-large — in which each council member is elected by all City voters — violated the…more

Appeals, City Councils, State and Local Government, Voting Rights

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New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down..…more

Appeals, California Coastal Commission, Coastal Real Estate, Critical Habitat, Endangered Species

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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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City of Santa Monica Successfully Defends its At-Large Voting System

California Appellate Court Holds Plaintiffs Must Establish “Dilution” to Successfully Challenge At-Large Voting Systems Under CVRA - Recently, the City of Santa Monica prevailed in a California Appellate Court case that…more

Constitutional Challenges, Dilution, Equal Protection, Public Agencies, Voting Rights

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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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During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services contradicts,…more

Coronavirus/COVID-19, First Amendment, Freedom of Religion, Injunctive Relief, Religious Discrimination

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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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Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting…more

Agribusiness, Arbitration, Business Expenses, Civil Rights Act, Class Action

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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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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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New Surplus Land Act Requirements to Take Effect Jan. 1

California Public Agencies Impacted by AB 1486 Mandates - Assembly Bill 1486 brought California public agencies into a new era of required compliance with the Surplus Land Act. Taking effect on Jan. 1, 2020, the Act created…more

Affordable Housing, Community Development, Housing Developers, State and Local Government, Urban Planning & Development

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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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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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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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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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California Public Records Act Update

New CPRA Case Law and Legislation for 2021 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give…more

Law Enforcement, Police, Public Records, Public Records Act, Request For Information

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Enforcing Local Health and Safety Laws

BB&K's Denise Grimes and Brandon Sanchez Discuss Code Enforcement Remedies in PublicCEO - Municipal codes and ordinances are centered on improving a community’s quality of life. Enforcing these laws doesn’t come down to…more

Criminal Prosecution, Health and Safety, 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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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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FCC Continues to Undercut Local Authority on OTARD

Oversight of Satellite Dishes and Certain Antennas Curtailed - The FCC’s over-the-air reception devices (known as OTARD) rules (47 C.F.R. §1.4000) limit local governments’, homeowner associations’ and condominium boards’…more

Condominium Associations, FCC, Homeowners Association (HOA), Telecommunications, Telecommunications Act

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Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private…more

Civil Liability, First Amendment, Free Speech, Liability, Municipalities

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EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act - The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water Act…more

Clean Water Act, EPA, Navigable Waters, US Army Corps of Engineers, Waters of the United States

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Earth Day: Municipal Bond Climate Change Disclosure Update

Climate Change Disclosures are Growing in Importance, Writes BB&K's Mrunal Shah in PublicCEO - In recent years, bond investors have increasingly demanded information on environmental disclosure, including climate change,…more

Climate Change, Disclosure Requirements, Earth Day, Environmental Social & Governance (ESG), SEC

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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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Are Virtual Public Meetings Here to Stay?

Three New Bills Could Make Permanent Changes to Public Meetings - As we conclude a full year of virtual meetings, the use of “Zoom” and other virtual meeting applications has become so commonplace that it might be easy to…more

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

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Cal/OSHA Withdraws Proposed COVID-19 Workplace Standards Changes

New Draft ETS Revisions Expected Friday - In light of recent guidance changes from the Centers for Disease Control and Prevention and the California Department of Public Health, the California Occupational Safety and Health…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workplace Safety

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Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private…more

Civil Liability, First Amendment, Free Speech, Liability, Municipalities

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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), fish

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Groundwater Rights Jury Finds In Favor Of Public Water Suppliers - BB&K Team Successfully Defends City In First-Of-Its-Kind Trial In California

Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin…more

Agricultural Land, Agricultural Sector, Drought, Farms, Groundwater

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Caltrans Releases New Interim Guidance for Conducting Safety Impact Analyses Under CEQA

Guidance Brings Heightened Scrutiny - The California Department of Transportation recently released “Interim Land Development and Intergovernmental Review (LDIGR) Caltrans Safety Review Practitioners Guidance.” It provides…more

CEQA, Environmental Policies, Highways, Interim Guidance, Land Developers

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Paycheck Protection Program Flexibility Act Makes Big Changes to COVID-19 Paycheck Protection Program

Loan Forgiveness Requirements Among the Changes - The Paycheck Protection Program Flexibility Act, signed into law by the President Friday, was enacted in response to criticism that the original Paycheck Protection Program…more

CARES Act, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services contradicts,…more

Coronavirus/COVID-19, First Amendment, Freedom of Religion, Injunctive Relief, Religious Discrimination

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Redistricting in California

What Public Agencies Must Know Ahead of the U.S. Census Bureau’s Data Release - After each decennial U.S. census, local public agencies with officers elected by or from geographical districts, divisions or wards must…more

Census, Public Agencies, Redistricting, 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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California Clears the Path for Rentals in Residential Common Interest Developments

However, AB 3182 Creates Ambiguity for Rental Restrictions in CIDs - Consistent with California’s trend of removing barriers to affordable housing, Assembly Bill 3182, which goes into effect on Jan. 1, further limits the…more

Common-Interest Communities, Condominiums, Homeowners Association (HOA), Property Owners, Rental Property

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New Year, New Laws Impacting Public Agencies In California – Part I

The California Legislature passed a number of laws last year that will have a significant impact on how public agencies — including cities and counties, special districts, schools and school districts and more — do business…more

Absentee Voting, Broadband, Decriminalization of Marijuana, Financing, Infrastructure

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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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Best in Law: California Tightens Online Security Laws - Partner Lauren Strickroth Writes About the California Consumer Privacy Act for the Southern California Newspaper Group

Equifax, Target, Marriott. Another day, another data breach. Hacking takes an immense toll on both the company and the consumers. As technology evolves, and businesses continue to collect and use personal information, they…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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California Attorney General’s Office Clarifies its Information Bulletin Regarding Public Access to Police Records - Information Bulletin Regarding SB 1421 Does Not Impose New Records Retention Requirements

Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)…more

Law Enforcement, New Legislation, Police Misconduct, Public Access Laws, Public Disclosure

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Gov. Newsom Pledges $75 Million in Funds for State and Local Governments to Mitigate Power Shutoff Impacts

City Proposals for Funding Due Nov. 4 - In response to the recent and continued utility-initiated power shutoffs that are leaving millions of Californians without power, Gov. Gavin Newsom launched a Local Government Public…more

CPUC, Electricity, Emergency Management Plans, General Fund, Governor Newsom

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COVID-19 Orders: Government Takings?

In Law360, BB&K's Gene Tanaka and Emily Chaidez Evaluate if COVID-19 Orders are Temporary Takings - The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor Newsom

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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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JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.