Author Info for Buchalter

Robert Addison Jr.

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Brian Adkins

A Brave New World(?) – A Closer Look at the Jaden Rashada NIL Litigation

As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to…more

Alston v NCAA, College Athletes, Colleges, Compensation, Florida

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Marissa Alkhazov

Toxic-Free Cosmetic Act Enacted in Washington State

Governor Jay Inslee signed HB 1047, Washington State’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023. The Act bans some of the most concerning chemicals added into cosmetic and personal care products, including…more

Cosmetics, New Legislation, Personal Care Products, PFAS, Public Health

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Kalley Aman

Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Mayor Garcetti, Sick Leave

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Sarah Andrzejczak

Pivot, Don’t Panic: How Employers Should Respond to the FTC’s Ban on Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after…more

Confidential Information, Federal Bans, Federal Trade Commission (FTC), Final Rules, Intellectual Property Protection

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Ronald Arias

Cal/OSHA COVID-19 Safety Rules to be Revised

The Cal/OSHA Standards Board is scheduled to meet on May 20, 2021 to review proposed revisions to the Emergency Temporary Standards (“ETS”) on COVID-19 Safety in the workplace that were originally adopted in November, 2020. The…more

Amended Rules, Cal-OSHA, Coronavirus/COVID-19, Deadlines, Emergency Rule

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Paul Arrow

An Opportunity for Creditors to Enforce Prospective Waivers of the Automatic Stay

A recent ruling of the Bankruptcy Court for the Central District of California endorsed a path toward enforceability of prospective waivers of the automatic stay in certain circumstances. In short, such a waiver approved in a…more

Automatic Stay, Bankruptcy Code, Borrowers, Commercial Bankruptcy, Consumer Bankruptcy

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Jonathan August

Buchalter COVID-19 Client Alert: San Francisco Provides New Evidentiary Presumption in Continued Push to Provide Rent Relief to Limited Commercial Tenants

Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020, the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of “Covered…more

501(c)(3), California, Coronavirus/COVID-19, Eviction, Financial Distress

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Valerie Bantner Peo

Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules

The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”) and could not…more

Chapter 11, Creditors, First-Lien, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

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Clayton Barnett

A Brave New World(?) – A Closer Look at the Jaden Rashada NIL Litigation

As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to…more

Alston v NCAA, College Athletes, Colleges, Compensation, Florida

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Andrea Bartoloni

Reminder: Starting Nov. 1, All Employers Must Use the Revised Form I-9

Starting November 1, 2023, all employers must use the revised Form I-9, Employment Eligibility Verification, with the edition date 08/01/23, when completing the employment eligibility verification process..…more

Employees, Employer Liability Issues, Employment Authorization Documents (EAD), Employment Eligibility Verification, Filing Deadlines

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Adam Bass

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens…more

Anti-Retaliation Provisions, BSA/AML, E-Verify, Fair Pay Act, Minimum Wage

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Alicia Belock

Cal/OSHA Investigations Heating Up As Summer Temperatures Continue to Rise

As temperatures continue to rise these upcoming weeks, employers take heed of pertinent health and safety laws to ensure workplace compliance. In anticipation of further shifts in the regulatory landscape favoring additional…more

Cal-OSHA, Department of Labor (DOL), Health and Safety, Heat Exposure, Workplace Safety

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Stephen Best

A Brave New World(?) – A Closer Look at the Jaden Rashada NIL Litigation

As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to…more

Alston v NCAA, College Athletes, Colleges, Compensation, Florida

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Artin Betpera

Buchalter TCPA Digest: The FCC Reassigned Number Database Is About to Go Live. Are You Ready?

Calls to reassigned numbers have presented an endless source of legal risk for any company that calls or texts consumers for informational or marketing purposes. Reassigned number class actions brought under the Telephone…more

Databases, FCC, Reassigned Phone Numbers, Safe Harbors, TCPA

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Sanjay Bhandari

PPP Lender Liability, Enforcement, & Fintech Challenges

The Paycheck Protection Program (“PPP”) emerged as a lifeline for small businesses grappling with the unprecedented challenges of the COVID-19 pandemic. Lenders navigated a landscape of regulations that Congress quickly drafted…more

Anti-Money Laundering, Bank Secrecy Act, Borrowers, CARES Act, Coronavirus/COVID-19

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Farah Bhatti

Buchalter COVID-19 Client Alert: Excusable Non-Use of U.S. Trademarks in the Time of COVID

U.S. Trademark laws are based on the premise that rights in a trademark exist so long as the mark is continuously used in interstate commerce. Once you cease use of the mark without an intention of resuming such use, the mark…more

Abandonment, Coronavirus/COVID-19, Declaration of Use, Non-Use of Trademarks, Third-Party

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Oren Bitan

Cyber Security/Data Breach: President Calls for New AntiHacking Legislation

With recent high profile cyber-attacks against Sony and other companies, data hacking has quickly risen to forefront of issues on the President’s agenda. That’s why, as widely anticipated, the President took the opportunity…more

Cyber Attacks, Cybersecurity, Hackers, Obama Administration, Proposed Legislation

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Bernard Bollinger

Good News for Creditors in Individual Bankruptcy Cases

For the past several years, creditors in the Ninth Circuit were confounded by an interpretation of the bankruptcy code that permitted individual chapter 11 debtors to retain a significant portion of their assets without creditor…more

Absolute Priority Rule, Bankruptcy Code, BAPCPA, Chapter 11, Cramdown

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Mark Bonenfant

Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

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Shaleen Brewer

Buchalter COVID-19 Client Alert: Arizona Charter Schools Planned Re-Opening

On July 23, 2020, Arizona Governor Doug Ducey, Superintendent of Public Instruction Kathy Hoffman and Arizona Department of Health Services Director, Dr. Cara Christ held a news conference to discuss certain executive orders of…more

Charter Schools, Department of Education, Governor Ducey, Re-Opening Guidelines

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James Andrew Caprile

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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J. Craig Cartwright

Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

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Emily Chaidez

In a Win for Policyholders, California Supreme Court Broadly Applies Unfair Competition Law’s Four-Year Statute of Limitations to Action Challenging Insurer’s General Claims Processing Practices

What happens when a policyholder seeks to bring an action against its insurer for violation of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq., (“UCL”)), which has a four-year statute of limitations, but…more

CA Supreme Court, Declaratory Relief, Demurrers, Failure To Pay, Injunctive Relief

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Sylvia Cheong

Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in…more

Intellectual Property Protection, KIPO, Korea, Trademark Ownership, Trademark Registration

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Arthur Chinski

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an…more

Compensation, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employer Responsibilities

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Shawn Christianson

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

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Steven Churchwell

2023 Filing Requirements and Contribution Limits for California “Major Donors”

Individuals and business entities–such as corporations, partnerships and LLCs–that do not receive political contributions (i.e., do not have a PAC), but only make such contributions to California state and local: (1)…more

Aggregation Rules, Campaign Contributions, Contribution Limits, Filing Requirements, PACs

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Efrat Cogan

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, Department of Labor (DOL), Domestic Violence, Due Diligence

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Nicolette Cohen

Caution to Lenders – New Pitfalls to Imposing Default Interest and Late Fees on Defaulted Loans

On September 29, 2022, the California Court of Appeal First Appellate District, in Honchariw v. FJM Private Mortgage Fund, LLC, held a private lender’s imposition of late charges and default interest constituted an unlawful…more

Appeals, CA Supreme Court, California, Civil Code, Default

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L. David Connell

Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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Robert Cooper

California Supreme Court Weighs in on U.S. Supreme Court’s Landmark Decision in Viking Cruise Lines Regarding PAGA Lawsuits

The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision - In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber…more

Arbitration, CA Supreme Court, Private Attorneys General Act (PAGA), SCOTUS, Viking River Cruises Inc v Moriana

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Mark Cramer

House Hands SELF DRIVE Act to Senate

On September 6, 2017, the House unanimously passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act (the SELF DRIVE Act), bringing the nation one step closer to an autonomous vehicle reality. If…more

Automotive Industry, Connected Cars, Driverless Cars, Motor Vehicles, NHTSA

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Anna Crivelli

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

Consumer Financial Protection Bureau (CFPB), HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

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Frank Curci

What Does the EU-US Data Privacy Framework Mean for Your Business?

If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation…more

Data Protection, EU, European Economic Area (EEA), Federal Trade Commission (FTC), Framework Agreement

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Skye Daley

Are You My Employer?

It is becoming increasingly common that when an employee files suit against their current or former employer, they file not only against the company they worked for day-to-day but also against any related company. Akin to the…more

Employer Liability Issues, Employment Litigation, FEHA, Parent Corporation, Piercing the Corporate Veil

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Jack Darrington

Supreme Court Decision Impacts FLSA’s Overtime Rules

All employers should be aware of the recent decision by the United States Supreme in Helix Energy Solutions Group Inc. v. Hewitt dealing with exemptions under the Fair Labor Standards Act (“FLSA”). The Hewitt court held that a…more

Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees, Over-Time, SCOTUS

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Robert Davidson

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

See all updates »

Joanne Davies

Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR

On June 4, the Consumer Financial Protection Bureau (CFPB) took steps to provide rules and guidance for the upcoming transition away from LIBOR for adjustable rate loans. The CFPB issued the following: A revised version of…more

Consumer Financial Protection Bureau (CFPB), HELOC, Libor, Notice of Proposed Rulemaking (NOPR), Proposed Rules

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Alexander Davis

Update on San Francisco’s Treatment of Vacant Properties

Update - This article is partly a republication of a Client Alert that was issued on December 6, 2022 titled “San Francisco’s Commercial Vacancy Tax.” Readers who have already read the original article can simply read ahead…more

Compliance, Noncompliance, Penalties, Property Owners, Property Tax

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David DeBerry

Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website (dropps.com)…more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Retailers, Title III

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Jeffrey Dennis

Privacy Laws Pose a Significant Threat to the Franchise Industry - The Time to Act is Now!

Data privacy, sometime referred to as the protection of personal information, has developed into one of the most significant challenges facing the franchise industry. As the number of franchises in the United States continues…more

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

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Stephanie Downer

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Matthew Drenan

Cal/OSHA Investigations Heating Up As Summer Temperatures Continue to Rise

As temperatures continue to rise these upcoming weeks, employers take heed of pertinent health and safety laws to ensure workplace compliance. In anticipation of further shifts in the regulatory landscape favoring additional…more

Cal-OSHA, Department of Labor (DOL), Health and Safety, Heat Exposure, Workplace Safety

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James Dyer Jr.

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector.

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial…more

Bank Holding Company, Banks, California, Covered Person, Credit Unions

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Anne Marie Ellis

Navigating New PFAS Regulations in California and New York: Critical Updates for the Textile and Apparel Industries

Buchalter can assist by providing you with recommendations for testing laboratories, detailed analysis of state and federal PFAS regulations, create compliance programs tailored to meet regulatory requirements, assist in the…more

Certifications, Compliance, Disclosure Requirements, Enforcement, Fashion Industry

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Howard Ellman

What the Drought Emergency Declaration Means for Your Business

By Executive Order B-29-15, signed on April 1, 2015, Governor Brown declared a state of drought emergency “to exist throughout the State of California ….” Among other things, the recitals state: WHEREAS a distinct…more

Drought, Emergency Response, Enforcement, Executive Orders, Jerry Brown

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Aaron Elster

Inflation Reduction Act Brings Big Changes to Clean Energy Tax Incentives

Over the next decade, the United States, through enactment of the Inflation Reduction Act of 2022 (IRA), is primed to make a $369 billion investment in clean energy and climate change programs. The lion’s share of this…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Climate Change, Greenhouse Gas Emissions

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John Epperson

EPA Designates PFAS Substances as Hazardous Substances

US EPA is taking action to designate two of the most common per- and polyflouroalkyl substances (PFAS) as hazardous substances under CERCLA, also known as Superfund. This action is part of EPA’s PFAS Strategic Roadmap, a…more

CERCLA, Commercial Real Estate Market, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Neusha Etemad

Communications Decency Act Developments in Light of Roland, Taamneh, and Gonzalez

By: Neusha Etemad and Anne Marie Ellis CDA Background Section 230 of the Communications Decency Act (CDA) was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a…more

Communications Decency Act, Online Marketplace, SCOTUS, Third-Party, Websites

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Denise Field

Factor Beware: A Judgment Lien Creditor in California May Have Priority Over Your Security Interest

A factor may receive notice from a judgment creditor that the judgment creditor holds a judgment lien on the accounts of the factor’s client, and be tempted to ignore the notice, since the judgment lien is later in time than the…more

Judgment Creditors, Liens, Perfected Security Interest, Personal Property, Priority Debt

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Brian Fish

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Manuel Fishman

UPDATE: Advice to Landlords Holding Letters of Credit Issued by Silicon Valley Bank, and Landlords Where Silicon Valley Bank is a Tenant

What a week this has been since the closure of Silicon Valley Bank. As noted in our Client Alert of last week, California State regulators shut down Silicon Valley Bank (SVB) on Friday, March 10, 2023, and appointed the Federal…more

Banking Sector, FDIC, Landlords, Letter of Credit, Tenants

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Joseph Fletcher, III

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Michael Flynn

Federal Court Bars Colorado From Imposing Colorado Interest Rates on Loans Made by Out of State Banks

A new Colorado law required all banks and credit unions chartered in any state to charge only Colorado’s maximum interest rate, not the interest rates allowed by the lender’s state. In an opinion published on June 18, the US…more

Banks, Colorado, Credit Unions, DIDMCA, Interest Rates

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Kathryn Fox

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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Steven Fox

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

See all updates »

Paul Fraidenburgh

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to…more

Abatement, Airports, Coronavirus/COVID-19, Federal Aviation Administration (FAA), Rent

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Jeffrey Frank

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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J. Noland Franz

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Rebecca Freed

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

See all updates »

Lotus Fung

The Impact the New Prop 65 Warning Regulations on Multi-Family Apartments and Other Prop 65 Updates

There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65 or Prop 65) that require businesses with 10 or more employees to…more

Apartments, Commercial Property Owners, Landlords, Multi-Family Development, Notice Requirements

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Carrie Gallagher

Planning to attend Bottlerock 2017?

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend…more

Commercial Activity Exception, Local Ordinance, Permits, Residential Property Owners, Vacation Rentals

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Ross Garrett

Corporate Transparency Act Found Unconstitutional for Certain Businesses

In March 2024, the Northern District of Alabama held that Congress exceeded its Constitutional authority by enacting the Corporate Transparency Act (“CTA”). The CTA requires variety corporate entities—everything from LLCs to…more

Anti-Money Laundering, Bank Secrecy Act, Code of Federal Regulations (CFR), Corporate Transparency Act, Disclosure Requirements

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William Gelm

Buchalter COVID-19 Client Alert: Arizona Charter Schools Planned Re-Opening

On July 23, 2020, Arizona Governor Doug Ducey, Superintendent of Public Instruction Kathy Hoffman and Arizona Department of Health Services Director, Dr. Cara Christ held a news conference to discuss certain executive orders of…more

Charter Schools, Department of Education, Governor Ducey, Re-Opening Guidelines

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Karen George

DMHC Reverses Course – No Surprises Act Does Not Apply to Out-of-Network Emergency Services Governed by the Knox-Keene Act

The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the…more

Knox Keene, Out of Network Provider, Surprise Medical Bills

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Karl Gerner

The Passage of Proposition 24 Creates New Privacy Obligations for Businesses

While most of the attention has been focused on the presidential and congressional races, the passage of down ballot propositions in California may substantially impact your business. By passing Proposition 24, Californians…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Collection, Data Retention

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Robert Gillison

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

See all updates »

Olivia Goetsch

Caution Advised When Billing and Collecting from Uninsured Emergency Patients

Last month, a California appellate decision partially reversed an order denying class certification in Sarun v. Dignity Health—a lawsuit, which essentially seeks to limit uninsured patient liability for emergency medical…more

Civil Code, Class Action, Class Certification, Contract Interpretation, Declaratory Relief

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Jason Goldstein

Buchalter COVID-19 Client Alert: HUD, FHFA, VA Announce Extensions of Foreclosure and Eviction Moratoriums to December 31, 2020

On August 27, HUD announced that it is extending its Covid-related foreclosure and eviction moratoriums for FHA insured loans set to expire on August 31, until December 31, 2020, and issued a Mortgagee Letter implementing the…more

Coronavirus/COVID-19, Eviction, Fannie Mae, FHFA, Foreclosure

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Mark Goshgarian

Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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Madonna Herman Graham

California Supreme Court Rejects On-Call Rest Breaks

The California Supreme Court recently issued a significant opinion regarding the issue of off-duty rest breaks in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Court, in the context of employees being required to…more

CA Supreme Court, Employer Liability Issues, Off-Duty Employees, On-Call Employees, Rest and Meal Break

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Alicia Guerra

U.S. Supreme Court Decision Impacts California Developers

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v…more

California, Fees, George Sheetz v County of El Dorado, Infrastructure, Jurisdiction

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Jennifer Guerrero

Traps For The Unwary Telehealth Provider

“The provision of health care services via telemedicine has been growing in popularity over the last several years. With the arrival of the COVID-19 pandemic, healthcare providers were able to rely on a variety of temporary…more

Coronavirus/COVID-19, Enforcement, Executive Orders, Health Care Providers, Public Health Emergency

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Julian Gurule

Distressed Startups: A Bankruptcy Lawyer’s Perspective

Turmoil in the tech ecosystem and escalating sentiment that a recession in the U.S. might occur in the near-term, indicate that startups, their lenders, and investors may soon confront extreme financial challenges – and will…more

Acquisitions, Borrowers, Employee Retention, Financial Distress, Insolvency

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Mirco Haag

Consignment, the UCC, and You – Protecting Your Goods and Their Proceeds

In a consignment distribution model, a third party Warehouse (the consignee) takes possession of goods on behalf of a Vendor (the consignor) for sale to Customers. Title passes directly from the Vendor to the Customer, and the…more

Article 9, Commercial Bankruptcy, Distributors, Perfected Security Interest, Third-Party

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Samir Hafez

PG&E and SCE’s Wildfire Mitigation Plans Detail More than $23 billion in Expenditures through 2025

In their Wildfire Mitigation Plans (WMPs), Pacific Gas & Electric Company (PG&E) and Southern California Edison (SCE) indicate plans to spend roughly $18 billion and $5.8 billion respectively over the 2023-2025 WMP cycle. These…more

CPUC, FERC, Infrastructure, Mitigation, PG&E

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Weiss Hamid

Buchalter Client Alert Covid-19: Cybercrimes

The COVID-19 pandemic have opened the floodgates of cybercrime, as hackers are exploiting distracted workers adjusting to working from home. This alert highlights a number of these issues and its relationship with California…more

California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Cyber Crimes, Cybersecurity, Hackers

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Landon Hardcastle

Utah Requires Commercial Lenders and Factors to Register as a Commercial Financing Provider

Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial…more

Disclosure Requirements, Financing, Lenders, NMLS, Penalties

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Brian Harvey

Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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Jessica Hawk

Buchalter COVID-19 Client Alert: Cal/OSHA Emergency COVID-19 Workplace Safety Standard Takes Effect

Cal/OSHA has promulgated emergency regulations for preventing COVID-19 transmission in the workplace (the “Emergency Standard,” or the “Standard”). The Emergency Standard became effective immediately upon approval by the Office…more

Cal-OSHA, California, Coronavirus/COVID-19, Employee Training, Masks

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Amber Healy

What is the Fair Chance Ordinance?

On September 3rd, 2024, Los Angeles County’s Fair Chance Ordinance (“FCO”) went into effect, establishing new criminal background check requirements for employers in unincorporated areas of Los Angeles County. The FCO expands…more

California, Criminal Background Checks, Document Retention Policies, Fair Chance Initiative for Hiring Ordinance (FCIHO), Interviews

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Sherman Helenese

The Next Chapter in US Consumer Privacy starts with the California Consumer Privacy Act (“CCPA”). The CCPA has broad application, strict compliance requirements, penalties for non-compliance, and takes effect January 1, 2020.

What is the California consumer privacy act? The CCPA is a consumer protection regulation that gives all California residents strong privacy rights that companies are required to honor…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy, Disclosure Requirements

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Benjamin Heuer

Florida Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or…more

Disclosure Requirements, Enforcement, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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David Hitchcock

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Bradley Hoff

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such…more

Business Continuity Plans, Business Interruption, Commercial General Liability Policies, Coronavirus/COVID-19, Corporate Counsel

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Willmore Holbrow III

If You Conduct Any Business with Entities (Including Affiliates) Outside of the U.S., Then Please Read

The International Services Survey is here again and is due by June 29, 2018. If you conducted any transaction relating to intellectual property with a foreign entity (defined as any company outside of the United States, even if…more

BEA, Bureau of Economic Analysis, Foreign Affiliates, Intellectual Property Agreements, Intellectual Property Protection

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Bobbie Hooper

NHTSA’s Incident Reporting Requirements

On August 12, 2021, NHTSA enacted the First Amended Standing General Order 2021-01 regarding Incident Reporting for Automated Driving Systems and Level 2 Advanced Driver Assistance Systems. The Order includes four requests for…more

Automated Transportation, NHTSA, Proposed Amendments, Reporting Requirements

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John Hosack

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector.

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial…more

Bank Holding Company, Banks, California, Covered Person, Credit Unions

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Gerald Janoff

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Douglas John

A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or…more

Administrative Appeals, Construction Project, Land Parcels, Property Owners, Property Tax

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Jeffrey Judd

Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide

On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect tenants and borrowers by temporarily preventing California courts…more

Borrowers, California, Coronavirus/COVID-19, Eviction, Foreclosure

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Kathleen Juniper

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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Jeffrey Kapor

Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

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Matthew Kavanaugh

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Ivo Keller

What Every Technology Company Needs to Know About Assumption, Assumption and Assignment, Or Rejection Of Its Contracts In Bankruptcy

Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection…more

Business Partners, Commercial Bankruptcy, Customer Funds, Emerging Technology Companies, IP Assignment Agreements

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Jonathan Kendrick

The Grandfathering Deadline for NEM 2.0 is Rapidly Approaching – What Does it Mean?

While reading this client update, the first thing you need to do is keep in mind the date of April 14, 2023. As explained below, that is the last date to submit an interconnection application with your utility provider to…more

California, Filing Deadlines, Grandfathering Rules, Net-Energy Metering, Public Utility

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Eric Kennedy

Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies

On May 28, 2020, President Trump signed an executive order aimed at limiting the protections afforded to social media companies like Twitter and Facebook. The executive order was signed shortly after Twitter added fact-checking…more

Civil Liability, Communications Decency Act, Donald Trump, Executive Orders, Facebook

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Patrick Kennedy III

New Income Averaging Guidance (Revenue Ruling 2020-4)

On January 30, 2020 the IRS recently issued Revenue Ruling 2020-4 that provides additional guidance on calculating income limit designations for units in a project that has selected the Average Income Test to qualify for the…more

Consolidated Appropriations Act (CAA), HUD, Income Test, IRS, LIHTC

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Julia Kilpatrick

The Implications of California’s Appellate Decision in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al.

On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s…more

Appeals, California, Health Insurance, Medical Bills, Medical Liens

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Jeffrey Kirschenbaum

Ninth Circuit Opinion Highlights Vapor Intrusion Risks and Challenges Faced by Brownfields Developers and Their Lenders

A recent ruling by the United States Court of Appeals for the Ninth Circuit illustrates the challenges faced by developers of contaminated properties and their lenders, as well as the extraordinary risks associated with sites…more

Brownfield Properties, Chemicals, Contaminated Properties, Contamination, Environmental Claims

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Ted Klaassen

Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in…more

Accessibility Rules, CASp, Commercial Leases, Commercial Tenants, Disability Access Claims

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Dawn Knepper

Buchalter COVID-19 Client Alert: Court Decision Expands Families First Coronavirus Response Act Coverage

A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA…more

Appeals, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Final Rules

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Sarah Kozal

California Energy Regulatory Weekly Update - September 2020

The next Commission meeting is scheduled for 06/25/20. Remote Access Only. Relevant results from the August 27, 2020 meeting included in this update. On May 7, 2020 the Commission opened a new IRP rulemaking addressing the…more

California Air Resources Board, California Energy Commission, Coronavirus/COVID-19, Energy Sector, Executive Orders

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Jenni Krengel

EPCRS Provides More Retirement Plan Self-Correction Opportunities

On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System (“EPCRS”). EPCRS is a program for correcting…more

401k, Beneficiaries, Benefit Plan Sponsors, Employee Benefits, EPCRS

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Shaun Kuter

Tax Amnesty Is Back in Arizona

The State of Arizona’s 2016 amnesty program offers significant benefits to most individuals and corporations with past-due taxes. Once again, Arizona taxpayers with many types of past-due state and local taxes will have an…more

Back Taxes, Department of Revenue, Income Taxes, Interest Payments, Sales & Use Tax

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Michael Lee

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

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Wendy Lee

Washington State Privacy Update: My Health My Data Act is Now Effective

A little more than a year ago, on July 23, 2023, the Washington My Health My Data Act (WMHMDA) was passed into law. The law originally went into effect on March 31, 2024, however the compliance deadline for small businesses was…more

Dobbs v. Jackson Women’s Health Organization, Enforcement, Health Insurance Portability and Accountability Act (HIPAA), New Legislation, PHI

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Vanessa LeFort

Curtailments Ordered in the Delta Watershed

On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of…more

California, Compliance, Curtailment, Enforcement, Riparian Rights

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Li-An Leonard

California Employers Take Heed – Employees Will Have Rights Surrounding Their Personal Information

Last week, the California Legislature failed to reach agreement on an extension to the employee exemption which applies to the California Consumer Privacy Act (CCPA) which currently exempts employees and employee data from the…more

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

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Aaron Levine

The Supreme Court Agrees to Decide Whether Immaterial Registration Errors Can Serve as the Basis for Invalidating Copyright Registrations

On June 1, 2021, the U.S. Supreme Court granted certiorari in a case that will likely determine once and for all whether courts are empowered to void copyright registrations based on immaterial registration errors, or whether a…more

Bad Faith, Certiorari, Copyright Infringement, Copyright Registration, Intent to Defraud

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Barbara Lichman Ph.D.

Quiet Skies Congressional Caucus Gets Brush Off from FAA

Many communities rely on Congressional representation to establish lines of communication with the Federal Aviation Administration (“FAA”) because communication with federal agencies in general and FAA particularly is difficult…more

Aircraft, Airlines, Airports, Aviation Industry, Federal Aviation Administration (FAA)

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Leah Lively

The DOL Announces New Overtime Exemption Rule Increasing the Salary Threshold for Exempt Employees

On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Michelle Lopez

Coming In 2024: Proposed New Employment Laws Affecting California Employers

As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless otherwise…more

Cal-WARN, California, Cannabis Products, FEHA, Healthcare Workers

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Cheryl Lott

Treasury’s New Bank Secrecy Act Whistleblower Program

In perhaps the last major legislative action under this presidential administration, on New Year’s Day 2021, Congress passed—over President Trump’s veto—what could be the most significant anti-money laundering (AML) statute…more

Anti-Money Laundering, Bank Secrecy Act, CFTC, Corporate Transparency Act, Department of Justice (DOJ)

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Matthew Lubniewski

Feds Ease Regulation of High Volatility Commercial Real Estate (HVCRE) Lending

On May 24, 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) took effect and, among other things, eased some of the restrictions on bank lending involving what is referred to as high volatility…more

Acquisitions, Borrowers, Capital Contributions, Construction Project, Economic Growth Regulatory Relief and Consumer Protection Act

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Carol Lucas

California Healthcare Transactions Will Soon Hit a Speed Bump

Effective January 1, 2024, health care entities in California that propose to enter into “material change transactions” will be required to provide advance written notice to the California Office of Health Care Affordability…more

California, Confidential Information, Healthcare, New Regulations, OCHA

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Christopher Luna

Buchalter COVID-19 Client Alert: California’s Employment Training Panel Extends COVID-19 Assistance

California created the Employment Training Panel (“ETP”) cash grant program in 1982 to provide funds to California businesses for job-related vocational skills training for businesses creating new jobs or retraining current…more

California, Contract Terms, Coronavirus/COVID-19, Extensions, State and Local Government

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Kevin Lytle

Comments on Proposed 199A Regs Regarding Qualified REIT Dividends Due Soon

Comments are due on April 9, 2019 with respect to the recent proposed regulations regarding eligibility of qualified REIT dividends for the qualified business income deduction under Code Section 199A. On January 18, 2019 the…more

Corporate Taxes, Investment Companies, IRS, Partnerships, Pass-Through Entities

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Akana Ma

What Does the EU-US Data Privacy Framework Mean for Your Business?

If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation…more

Data Protection, EU, European Economic Area (EEA), Federal Trade Commission (FTC), Framework Agreement

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Bukola Mabadeje

Technology Law Newsletter

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand emerging…more

Acquisitions, Artificial Intelligence, Avoidance, Bankruptcy Code, Blockchain

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Julian Mack

Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

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Manisha Malhotra

PPP Lender Liability, Enforcement, & Fintech Challenges

The Paycheck Protection Program (“PPP”) emerged as a lifeline for small businesses grappling with the unprecedented challenges of the COVID-19 pandemic. Lenders navigated a landscape of regulations that Congress quickly drafted…more

Anti-Money Laundering, Bank Secrecy Act, Borrowers, CARES Act, Coronavirus/COVID-19

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Braeden Mansouri

U.S. Supreme Court Decision Impacts California Developers

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz v…more

California, Fees, George Sheetz v County of El Dorado, Infrastructure, Jurisdiction

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Randall Manvitz

Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out in…more

Aerospace, Business Assets, Business Litigation, Cybersecurity, Debt Financing

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David Mark

Points & Authorities - Summer 2013: The Danger of Commingling Fees under the Talent Agencies Act

During its eight years on the air, Dog the Bounty Hunter brought audiences a weekly dose of Duane “Dog” Chapman’s successful bounty-hunting. This past November, Dog and his wife, Alice Barmore-Smith, succeeded in convincing the…more

Bounty Hunters, Commingling, Entertainment Industry, Fees, Talent Agencies Act

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Anthony Martin

Colorado Attorney General Renews Call for Public Input in Privacy Act Pre-Rulemaking Process

The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year, allows…more

Colorado, Consent, Data Privacy, Opt-Outs, Public Comment

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Mercedes Martin

Inflation Reduction Act Brings Big Changes to Clean Energy Tax Incentives

Over the next decade, the United States, through enactment of the Inflation Reduction Act of 2022 (IRA), is primed to make a $369 billion investment in clean energy and climate change programs. The lion’s share of this…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Climate Change, Greenhouse Gas Emissions

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Chris Mason

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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Devan McCarty

Non-contracted Providers Must Exhaust Administrative Remedies for Medicare Advantage Claims

Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health…more

Administrative Remedies, Appeals, Health Care Providers, Health Insurance, Medicare

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Peter McGaw

EPA Designates PFAS Substances as Hazardous Substances

US EPA is taking action to designate two of the most common per- and polyflouroalkyl substances (PFAS) as hazardous substances under CERCLA, also known as Superfund. This action is part of EPA’s PFAS Strategic Roadmap, a…more

CERCLA, Commercial Real Estate Market, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Robert McWhorter

Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification…more

CA Supreme Court, Foreclosure, Lenders, Loans, Negligence

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Michelle Meek

House Passes the CROWN Act to Prohibit Natural Hair Discrimination

On March 18, 2022, the U.S. House of Representatives passed the CROWN Act (H.R. 2116). The Creating a Respectful and Open World for Natural Hair (CROWN) Act explicitly prohibits discrimination in employment on the basis of hair…more

California, Hairstyle Discrimination, New Legislation

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M. Reed Mercado

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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William Miller

Online Only Retailers Have a New Defense Against Website Accessibility Claims in California

On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website (dropps.com)…more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Retailers, Title III

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Jennifer Misetich

The California Supreme Court Sends A Message That Any Employer Control Over Employees—Even If The Employees Are Not Actively Working—May Constitute Compensable Time Worked

On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors, which provides certain clarity on nuanced wage and hour issues and the scope of the term “hours worked.” In this case,…more

CA Supreme Court, Compensation, Corporate Counsel, Duty Hours, Employer Liability Issues

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Todd Mitchell

Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission

On July 23, SBA announced that lenders may begin submitting PPP loan forgiveness requests to SBA on August 10. To assist lenders, SBA issued a Procedural Notice with new guidance regarding lenders’ reviews of forgiveness…more

Applications, Coronavirus/COVID-19, Interim Final Rules (IFR), Lenders, Loan Forgiveness

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Joshua Mizrahi

Buchalter COVID-19 Client Alert: California’s COVID-19 Supplemental Paid Sick Leave Returns

On March 19, 2021, Governor Gavin Newsom signed Senate Bill No. 95 (SB95) and revived California’s COVID-19 Supplemental Paid Sick Leave. By March 29, 2021, employers of more than 25 employees must provide Supplemental Paid Sick…more

California, Coronavirus/COVID-19, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Governor Newsom

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Christina Morgan

The Rapid Expansion of State Privacy Laws: What Businesses Need to Know

This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws..…more

Advertising, Data Privacy, Nonprofits, Personal Information, Privacy Laws

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Andrea Musker

Telehealth Flexibilities Extended – For Now

The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public health…more

Consolidated Appropriations Act (CAA), Hospice, Joe Biden, Medicare, Public Health Emergency

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Michael Myers

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York

In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York…more

Business Interruption, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

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Steven Nakasone

The Rapid Expansion of State Privacy Laws: What Businesses Need to Know

This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws..…more

Advertising, Data Privacy, Nonprofits, Personal Information, Privacy Laws

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Anthony Napolitano

Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

See all updates »

Tiffany Ng

Treasury’s New Bank Secrecy Act Whistleblower Program

In perhaps the last major legislative action under this presidential administration, on New Year’s Day 2021, Congress passed—over President Trump’s veto—what could be the most significant anti-money laundering (AML) statute…more

Anti-Money Laundering, Bank Secrecy Act, CFTC, Corporate Transparency Act, Department of Justice (DOJ)

See all updates »

Julia Nguyen

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing businesses. …more

Business Entities, Capital Raising, Confidential Information, Convertible Debt, Crowdfunding

See all updates »

Laura Nichols

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Craig Nickerson

What is the Fair Chance Ordinance?

On September 3rd, 2024, Los Angeles County’s Fair Chance Ordinance (“FCO”) went into effect, establishing new criminal background check requirements for employers in unincorporated areas of Los Angeles County. The FCO expands…more

California, Criminal Background Checks, Document Retention Policies, Fair Chance Initiative for Hiring Ordinance (FCIHO), Interviews

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Philip Nulud

Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in…more

Intellectual Property Protection, KIPO, Korea, Trademark Ownership, Trademark Registration

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Thomas O'Connell

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

See all updates »

Gwenneth O'Hara

The Grandfathering Deadline for NEM 2.0 is Rapidly Approaching – What Does it Mean?

While reading this client update, the first thing you need to do is keep in mind the date of April 14, 2023. As explained below, that is the last date to submit an interconnection application with your utility provider to…more

California, Filing Deadlines, Grandfathering Rules, Net-Energy Metering, Public Utility

See all updates »

Mitchell Olejko

Removing the Barriers to Coordinated Care: the Stark Law

August 10, 2015 was the 22nd anniversary of the expansion of the Medicare self-referral prohibition to include 10 “designated health services” in addition to clinical laboratory tests. This law is the so-called Stark Law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Hospitals

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Marshall Olney

PPP Fraud Enforcement Shows No Signs of Slowing

After dozens of high-profile criminal prosecutions and a growing wave of civil investigations, the Department of Justice’s (“DOJ”) Covid-19 Fraud Enforcement Strike Force is poised to continue its pursuit of fraud, abuse, and…more

Borrowers, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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Audrey Olson

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit Non-Compete Agreements

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the…more

Class Action Arbitration Waivers, Confidential Information, Employment Contract, NLRA, NLRB

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Richard Ormond

Solutions and Alternatives to Bankruptcy in the Cannabis Industry and Financing Options Available

A Marijuana Related Business (or MRB), whether a plant-touching operation or a provider of goods and services to a plant-touching operations cannot seek protection from the Bankruptcy Court as Bankruptcy Court is a Federal Court…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 11, Chapter 7, Marijuana Related Businesses

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Jarrett Osborne-Revis

Bankruptcy Trustees and Receivers Beware: The California Second District Court of Appeal Tests The Barton Doctrine’s Limits on Claims Against a Court-Appointed Officer Over a Distressed Commercial Real Estate Entity

In Breanne Martin v. Leslie Gladstone, the Second District Court of Appeal recently decided a case that could reverberate throughout the receivership and bankruptcy industries. This case comes at a propitious moment as…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Trustees, Barton Doctrine, California

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Meghna Parikh

Drug Enforcement Administration Extends Telemedicine Treatment and Prescription Flexibilities

The expiration of the COVID-19 Public Health Emergency (“PHE”) on May 11, 2023 could have created a “prescription cliff” leaving patients without access to controlled substances. During the PHE, telemedicine flexibilities…more

Controlled Substances Act, Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Proposed Rules

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Christopher Parker

Inflation Reduction Act Incentives for Energy Sector

President Biden signed the Inflation Reduction Act of 2022 (HR 5376) (the Act) into law on August 16, 2022. This update provides a high level overview of the Act’s incentives for the energy sector. We have published a separate…more

Biden Administration, Climate Change, Energy Tax Incentives, Environmental Justice, Inflation Reduction Act (IRA)

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Mikhail Parnes

Non-contracted Providers Must Exhaust Administrative Remedies for Medicare Advantage Claims

Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health…more

Administrative Remedies, Appeals, Health Care Providers, Health Insurance, Medicare

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Roma Patel

The Clock is Running: It’s Time for Healthcare Employers to Reassess Their Workers’ Employment Status

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill No. 5 (“AB 5“), which codifies the result of Dynamex Operations West v. Superior Court, No. S222732, a case that significantly changes the way…more

ABC Test, Borello Test, Dynamex, Employer Liability Issues, Governor Newsom

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Alison Pear

SEC Cracks Down on Regulation A Issuers

Regulation A “Plus” is an exemption from registration under the Securities Act of 1933 that permits certain eligible issuers to conduct public offerings of up to $75 million in a 12-month period to accredited and unaccredited…more

JOBS Act, Regulation A, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Tricia Pham

A Win for Employers: New SCOTUS Decision Raises the Bar for the NLRB in Seeking Preliminary Injunctions Against Employers Charged with Unfair Practice

On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary…more

NLRA, NLRB, Preliminary Injunctions, SCOTUS, Starbucks Corp. v McKinney

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Jamison Power

Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product…more

Breach of Warranty, Causation, Defense Strategies, Distributors, Failure To Warn

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Claudia Powers

Buchalter Client Alert COVID-19: Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws)

Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity. The lack of a consistent message from elected…more

Coronavirus/COVID-19, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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Doug Prince

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order

On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Declaratory Relief, Eviction, Landlords

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Lillian Rafii

CPUC Issues Net Energy Metering Proposed Decision, With Comments Due November 30

On November 10, 2022, the CPUC issued its long-awaited and reworked net energy metering (NEM) “3.0” proposed decision on a successor tariff. The origin of California’s NEM tariff was to incentivize Californians to install…more

California, Compensation, CPUC, Energy Sector, Exports

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Dennis Raglin

Prop 65 Cancer Warning Coming To Grandma’s Tylenol?

Millions of Americans, including many grandmothers, suffer from pain, whether it be from swollen joints, bad backs, headaches or stiffness – and dozens of other reasons. For those who do not or cannot take prescription…more

Cancer, Food and Drug Administration (FDA), Johnson & Johnson, Manufacturers, OEHHA

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Jessie Reider Cristo

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber…more

Arbitration, Clickwrap Agreements, Consumer Contracts, Mandatory Arbitration Clauses, Mobile Apps

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Yvonne Ricardo

SCOTUS on Viking River Cruises: Employees May Be Compelled to Arbitrate “Individual” PAGA Claims

Finally, some good news for California employers involving California’s Private Attorney General Act of 2004 (“PAGA”). The U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Angie Moriana is a huge victory for…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Private Attorneys General Act (PAGA), SCOTUS

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Melissa Richards

Georgia Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

Georgia has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California, Florida and New York’s disclosure laws. The Georgia CFDL applies to covered “Commercial Financing Transactions” consummated…more

Commercial Leases, Commercial Loans, Compliance, Disclosure Requirements, Financing

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Joshua Robbins

Supreme Court’s Remand of FDIC Enforcement Action: Any Larger Impact on Agency Deference?

While we wait for the U.S. Supreme Court to decide the fate of the Chevron doctrine governing courts’ deference to agencies’ interpretations of law, its recent decision in another case has flown under the radar. In Calcutt, III…more

Administrative Law Judge (ALJ), Chevron Deference, Enforcement, FDIC, Remand

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James Rose

General Permit for Winery Process Water Discharge Issued

The State Water Resources Control Board (“SWRCB”) approved the much-debated General Waste Discharge Requirements for Winery Process Water (“Winery Order”) on January 20, 2021. Although the official version of the approved Winery…more

Environmental Policies, Notice of Intent, NPDES, Stormwater Discharge Permits, Wastewater

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Mary Rose

UPDATE: Advice to Landlords Holding Letters of Credit Issued by Silicon Valley Bank, and Landlords Where Silicon Valley Bank is a Tenant

What a week this has been since the closure of Silicon Valley Bank. As noted in our Client Alert of last week, California State regulators shut down Silicon Valley Bank (SVB) on Friday, March 10, 2023, and appointed the Federal…more

Banking Sector, FDIC, Landlords, Letter of Credit, Tenants

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Keven Rowe

Utah Requires Commercial Lenders and Factors to Register as a Commercial Financing Provider

Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial…more

Disclosure Requirements, Financing, Lenders, NMLS, Penalties

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Neil Rubenstein

California Amends Uniform Commercial Code Article 9 Regarding Name of Individual Debtor on Financing Statements

The California Legislature passed, and Governor Brown signed, Assembly Bill No. 1858, which changes the way individual debtors are identified in Uniform Commercial Code financing statements. The bill brings California into line…more

Article 9, Debtors, Driver's Licenses, Lenders, New Legislation

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Nicole Sahagen Schiff

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID

Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the…more

CA Supreme Court, Commercial Real Estate Contracts, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

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Joel Samuels

Sellers and Consignors Beware? The Rights of Sellers and Consignors of Apparel and Other Goods in Bankruptcy: Some Questions and Issues to Consider in Light of Barney’s Potential Bankruptcy Filing.

Numerous published reports indicate that Barney’s (which previously filed for bankruptcy in 1996) has retained bankruptcy counsel and financial advisors in preparation for a potential bankruptcy filing which, according to some…more

Chapter 11, Commercial Bankruptcy, Creditors, Retailers, Vendors

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William Schoenholz

Buchalter COVID-19 Client Alert: Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews

The Federal government’s COVID emergency loan programs and credit facilities have moved into critical new phases. As highlighted by the recent media focus on the new SBA PPP Forgiveness Questionnaire for borrowers, both…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Lenders, Loan Forgiveness

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Philip Schroeder

Technology Industry Newsletter - June 2016

For technology companies seeking investment capital, the new SEC regulations on crowdfunding that went into effect on May 16, 2016 present new funding options by expanding the pool of investors beyond the traditional funding…more

Air Traffic Control Systems, Commercial Leases, Crowdfunding, Defend Trade Secrets Act (DTSA), Exemptions

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Roger Scott

Is Your Workplace Violence Prevention Plan In Place?

In September of 2023, Governor Gavin Newsom signed into law Senate Bill 553, which amended Labor Code section 6401.7 and created new section 6401.9 to require employers (with few exceptions) to develop and implement a detailed…more

Cal-OSHA, California, Enforcement, Labor Code, State Labor Laws

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Arielle Seidman

Colorado Attorney General Renews Call for Public Input in Privacy Act Pre-Rulemaking Process

The Colorado Privacy Act (CPA) is set to take effect on July 1, 2023. The law, which applies to, among others, many businesses or non-profits that process data of no fewer than 100,000 persons over the course of a year, allows…more

Colorado, Consent, Data Privacy, Opt-Outs, Public Comment

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Andrew Selesnick

DMHC Reverses Course – No Surprises Act Does Not Apply to Out-of-Network Emergency Services Governed by the Knox-Keene Act

The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the…more

Knox Keene, Out of Network Provider, Surprise Medical Bills

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Matthew Seror

Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits

Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company,…more

Advertising, Influencers, Intellectual Property Protection, Social Media, Trademark Infringement

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Ruth L. Seroussi

Hospitality Industry Law Newsletter

Who Are My Employees? The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also…more

Browning-Ferris Industries of California Inc., Copyright, Discrimination, Fair Pay Act, FEHA

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Stephanie Shea

FDIC, FRB & OCC Issue Interagency Guidance on Third-Party Relationships: Risk Management

June 8, 2023 By: Stephanie Shea and Michael Flynn On June 6, 2023, the FDIC, FRB and OCC collectively issued a document entitled, “Interagency Guidance on Third-Party Relationships: Risk Management” (“2023 Guidance”). Prior to…more

Enforcement, FDIC, FRB, New Guidance, OCC

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Nora Sheriff

PG&E and SCE’s Wildfire Mitigation Plans Detail More than $23 billion in Expenditures through 2025

In their Wildfire Mitigation Plans (WMPs), Pacific Gas & Electric Company (PG&E) and Southern California Edison (SCE) indicate plans to spend roughly $18 billion and $5.8 billion respectively over the 2023-2025 WMP cycle. These…more

CPUC, FERC, Infrastructure, Mitigation, PG&E

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Daniel Shimell

DOT Proposes New Regulations on Service Animals in Air Travel

Passengers seeking to travel with their service animals in the main cabin may soon face new restrictions from airlines, as the Department of Transportation (“DOT”) recently published a Notice of Proposed Rulemaking (“NPRM”) to…more

Airlines, Airports, Comment Period, Department of Transportation (DOT), Emotional Support Animals

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Abbie Shindler

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that…more

Asset Valuations, Equity Compensation, Equity Grants, Executive Compensation, Gift Tax

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Alexandra Shulman

A Win for Employers: New SCOTUS Decision Raises the Bar for the NLRB in Seeking Preliminary Injunctions Against Employers Charged with Unfair Practice

On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary…more

NLRA, NLRB, Preliminary Injunctions, SCOTUS, Starbucks Corp. v McKinney

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Daniel Silva

Bet it all on Blue: How the Betrayal of Los Angeles Dodgers’ Star Shohei Ohtani Impacts both the Sports and Legal Worlds

Friendship only goes so far, at least in the case of the Los Angeles Dodgers’ baseball superstar Shohei Ohtani (“Ohtani”), and his former interpreter and de facto personal manger, Ippei Mizuhara (“Mizuhara”). On April 11, 2024,…more

Bank Fraud, False Statements, FDIC, Fraud, Gambling

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Julie Simer

HIPAA Security Rule Compliance for Providers & Business Associates in Three Easy Steps

On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest…more

Business Associates, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Encryption

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Stuart Simon

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Daniel Slate

Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System

Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn

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Adam Smith

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed when…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Reform, Labor Regulations

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Katrina Solomatina

BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building Collapse

Surfside Collapse – what we know so far: On Thursday, June 24, 2021, at approximately 1:25 a.m., Champlain Towers South, a twelve-story beachfront condominium in the Miami suburb of Surfside, Florida, partially collapsed…more

Annual Assessments, Board of Directors, CC&Rs, Community Associations, Condominium Associations

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David Spellman

2020 Check List: Update Noncompete Agreements to Comply with New Restrictions in Washington and Revisit IP and Arbitration Provisions in Employment and Independent Contractor Agreements

Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning less…more

Best Practices, Employer Liability Issues, Employment Contract, Independent Contractors, New Legislation

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Ann Springgate

California Regulatory Happenings - November 2018

On 7/12/18 the Commission adopted an Order Instituting a rulemaking to continue implementation of the RPS program. The oversight anticipated in the rulemaking (a successor to R15-02-020) includes review of RPS procurement plans,…more

Administrative Law Judge (ALJ), Administrative Proceedings, Cap-and-Trade, Comment Period, Electricity

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Steven Stathatos

The Guantánamo Trials: No End in Sight - Buchalter Nemer

From May 30 to June 3, 2016, I represented the Pacific Council as an official observer at pre-trial hearings for Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the World Trade Center and Pentagon attacks of…more

CIA, Defense Strategies, Discovery, FBI, Global War on Terror (GWOT)

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Richard Steelman

Significant Additional Federal Investment in Telehealth

The Federal Communications Commission (FCC) is establishing the Connected Care Pilot Program, pumping $100 million into a new telehealth pilot program. Lack of access to modern, comprehensive medical care in rural areas is…more

Elder Issues, FCC, Federal Pilot Programs, Healthcare Reform, Public Comment

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Lawrence Steinberg

FTC Enters Into Landmark Settlement With Network Marketing Company; Vemma Lives To Play Another Day

The sixteen month long lawsuit between the Federal Trade Commission and Vemma Nutrition Company has come to a negotiated resolution under terms which will allow Vemma to continue operating its business under restrictions similar…more

Asset Freeze, Federal Trade Commission (FTC), FTC Act, MLM Industry, Network Marketing Provider

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Eleni Swank

Trends Since the New Prop 65 Requirements Went Into Effect

It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week indicate a trend toward food products and consumer household goods. For example,…more

Amended Regulation, Manufacturers, OEHHA, Proposition 65, Retailers

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Nancy Swift

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -…more

Borrowers, Commercial Leases, Debt Financing, Duty to Mitigate, EBITDA

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J. Rick Taché

Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law - UPDATED

On Friday, March 27, 2020, the CARES ACT was signed into law. The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights. For patents and trademarks, the Act permits the Under Secretary of…more

CARES Act, Coronavirus/COVID-19, Intellectual Property Protection, Relief Measures, USPTO

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Kenny Tamura

Buchalter Client Alert COVID-19: California City and County Eviction Moratoria List

On March 16, 2020, California Governor Gavin Newsom issued an executive order that suspended any portion of state law that would otherwise prevent local municipalities from imposing limitations on residential or commercial…more

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

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Khaled Tarazi

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order

On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Declaratory Relief, Eviction, Landlords

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Sarin Tavlian

Ready or Not, the New California LLC Law is Here

The California Revised Uniform Limited Liability Company Act was effective January 1, 2014 and is codified as new Title 2.6 of the California Corporations Code starting at Section 17701. The new law incorporates a more robust…more

Compliance, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Anna Glebovna Thomas

New Patient Disclosure Requirement Effective January 1, 2023

To increase transparency regarding payments to physicians by drug and medical device companies, Governor Newsom signed AB 1278, which imposes certain additional disclosure obligations on physicians. Beginning on January 1,…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Manufacturers, Medical Devices, Open Payments

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Meghan Thomas

California Energy Regulatory Weekly Update - June 2020

On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the…more

CAISO, California Air Resources Board, CARB, CPUC, Energy Sector

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Bradley Thoreson

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Louise Truong

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights…more

Acquisitions, Choice-of-Law, Department of Labor (DOL), Domestic Violence, Due Diligence

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T. Mark Tubis

Public Health Emergency Extended

The U.S. Department of Health and Human Services (“HHS”) has renewed the January 31, 2020 determination that a public health emergency (“PHE”) exists nationwide. Each determination renews the PHE for 90 days, so all HHS/CMS…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Medicare, Mental Health

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Kripa Upadhyay

Best Practices for I-9 Compliance in 2024

USCIS introduced a new Form I-9 to a single-sided sheet. All employers MUST now use the form version released in August 2023. The form is now available in fillable form on tablets and mobile devices…more

Audits, Compliance, Corporate Counsel, Department of Justice (DOJ), Documentation

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Tanya Viner

Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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Brett Voets

CFPB’s Small Business Lending Data Collection Rule Increases Operational Burdens and Regulatory Risk for Lending to Small Businesses

On March 30, 2023, the Consumer Financial Protection Bureau (CFPB) issued the long-awaited final version of its rules on Small Business Lending under the Equal Credit Opportunity Act. The new rule imposes significant burdens and…more

Compliance, Consumer Financial Protection Bureau (CFPB), Data Collection, ECOA, Financial Institutions

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Donald Wagner

Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live by…more

Attorney's Fees, Chapter 11, Commercial Bankruptcy, Copyright Infringement, Employer Liability Issues

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Rick Waltman

Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)

On April 6, 2020, the Department of Labor (“DOL”) promulgated a temporary rule (“Rule”) interpreting and giving further guidance on the Families First Coronavirus Relief Act (“FFCRA”). The FFCRA includes the Emergency Family…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

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Douglas Wance

Curtailments Ordered in the Delta Watershed

On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of…more

California, Compliance, Curtailment, Enforcement, Riparian Rights

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Tracy Warren

SCOTUS on Viking River Cruises: Employees May Be Compelled to Arbitrate “Individual” PAGA Claims

Finally, some good news for California employers involving California’s Private Attorney General Act of 2004 (“PAGA”). The U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Angie Moriana is a huge victory for…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Private Attorneys General Act (PAGA), SCOTUS

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Pamela Kohlman Webster

It's Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy

No one has ever asserted that the bankruptcy arena is for the faint hearted. on the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising…more

Commercial Bankruptcy, Debtors, Subordination

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Michael Weiler

A New Decade Begins! Ensure Your Business Is Up to Speed on California’s New Employer Requirements

The close of the decade ended with a flurry of activity on the labor and employment front, creating a number of significant new obligations for employers. As 2020 opens, it is important to ensure that employers of all sizes are…more

ABC Test, Arbitration, Arbitration Agreements, California Consumer Privacy Act (CCPA), Dynamex

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Paul Weiser

Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be…more

Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

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Parisa Weiss

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Jeremy Weitz

Buchalter Client Alert COVID-19: The CARES Act and Its Small Business Loan Program

As the Federal government takes action to help businesses combat the economic uncertainty created by the Novel Coronavirus (“COVID-19”) crisis, we at Buchalter are working to help our clients and friends. To combat the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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Joseph Welch

Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules

The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”) and could not…more

Chapter 11, Creditors, First-Lien, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

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Susan White

Buchalter COVID-19 Client Alert: Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic

A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that…more

California, Coronavirus/COVID-19, Governor Newsom, Insurance Claims, Insurance Industry

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Charles Whitman

Cal/OSHA Investigations Heating Up As Summer Temperatures Continue to Rise

As temperatures continue to rise these upcoming weeks, employers take heed of pertinent health and safety laws to ensure workplace compliance. In anticipation of further shifts in the regulatory landscape favoring additional…more

Cal-OSHA, Department of Labor (DOL), Health and Safety, Heat Exposure, Workplace Safety

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Eric Wilhelm

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small businesses,…more

Contract Terms, Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

See all updates »

Marcus Williams

Force Majeure and COVID-19

The global health crisis brought on by the spread of the Novel Coronavirus (“COVID-19”) continues to affect businesses of all sizes. This is causing uncertainty in businesses’ ability, or inability, to meet its contractual…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Material Adverse Effects

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Robert Willner

Buchalter COVID-19 Client Alert: Federal Reserve Announces Main Street Lending Program Will Accept Multi-Borrower Loans and Issues New FAQs Outlining Requirements; Announces Acceptance of Non-Profit Borrower Loans; Alters Standards for Lenders When Evaluating Borrowers; and Provides Guidance on Insider Loans and Compensation Treatment

On September 18, 2020, the Federal Reserve issued new Frequently Asked Questions (FAQs) for its Main Street Lending Program (MSLP). Separate FAQs for the MSLP’s three for-profit programs (the Main Street New Loan Facility…more

EBITDA, Federal Reserve, Loan Applications, Main Street Expanded Loan Facility, Main Street Lending Programs

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Dylan Wiseman

Pivot, Don’t Panic: How Employers Should Respond to the FTC’s Ban on Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after…more

Confidential Information, Federal Bans, Federal Trade Commission (FTC), Final Rules, Intellectual Property Protection

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Gary Wolensky

The Implications of California’s Appellate Decision in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al.

On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s…more

Appeals, California, Health Insurance, Medical Bills, Medical Liens

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Philip Wolman

Beware of Proposition 19 Property Tax Increases—Planning Opportunities Still Exist for a Brief Window

Proposition 19, which was marketed as a provision to benefit homeowners who are over 55, the disabled, and wildfire/disaster victims, actually contained major property tax increases. The increased property taxes will be paid by…more

California, Estate-Tax Exemption, Gift-Tax Exemption, Property Tax, Tax Planning

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Michael Worth

Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits

Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company,…more

Advertising, Influencers, Intellectual Property Protection, Social Media, Trademark Infringement

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James Wright

California Supreme Court Eliminates Lender Defense to Borrower Fraud Claims

On January 14, the California Supreme Court issued its opinion in Riverisland Cold Storage v. Fresno-Madera Production Credit Assn., which takes away a lender defense to borrower fraud claims and will therefore have a…more

Appeals, Borrowers, Extensions, Forbearance Agreements, Fraud

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Jeffrey Wruble

How to Aggressively Defend Against Lender Liability Lawsuits

Introduction - Following an economic downturn, lenders are inundated with lender liability suits typically based on purported promises to extend the maturity dates of loans, alter the terms of loan agreements, or to…more

Business Torts, Creditors, Debtor-Creditor, Debtors, Lenders

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Daniel Wu

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector.

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial…more

Bank Holding Company, Banks, California, Covered Person, Credit Unions

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Damion Young

Buchalter Client Alert COVID-19: California Local Court Orders Regarding Closure

During this unprecedented period of COVID-19, we strive to provide our clients with the most accurate and up to date information regarding the status of court operations. To that end, below is a chart with the local court orders…more

Business Litigation, Commercial Court, Coronavirus/COVID-19, Courthouses, Criminal Prosecution

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Robert Zadek

Florida Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or…more

Disclosure Requirements, Enforcement, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Daniel Zarchy

Windfalls and Pitfalls of Pivoting Your Business Model in the New Business Environment

It is no secret that the world has rapidly changed over the last several months. Many companies are reevaluating their business models to adjust to the challenges caused by the world-wide pandemic and to hopefully identify new…more

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

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Michael Zerman

Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be…more

Coronavirus/COVID-19, Infectious Diseases, Property Management Companies, Property Managers, Public Health

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