Author Info for Farella Braun + Martel LLP

Evan Abrams

[Event] Nonprofit Property Tax Exemptions: Getting Started and Maintaining Compliance - January 24th, San Francisco, CA

The deadlines for California nonprofit organizations seeking to initially obtain or renew exemption from real estate or personal property taxes are quickly approaching. Please join us as we review the current state of the law…more

Charitable Organizations, Continuing Legal Education, Events, Leases, Nonprofits

See all updates »

Carly Alameda

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and cons…more

Breach of Contract, Commercial Leases, Commercial Tenants, Controlled Substances Act, Covenant of Good Faith and Fair Dealing

See all updates »

Nathan Anderson

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the…more

Commercial Bankruptcy, Corporate Counsel, D&O Insurance, Debtors, Defense Costs

See all updates »

Chandra Andrade

PAGA Amendments: A Reprieve for Employers Proactively Addressing Labor Code Violations, but Ambiguities Remain

On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage and hour litigation and…more

Anti-Stacking Provisions, CA Supreme Court, Class Action, Compensation, Employment Litigation

See all updates »

Daniela Archila

California Extends COVID-19 Leave Through December 31, 2022

Governor Gavin Newsom has signed AB 152 into law, extending Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022. SPSL, which requires California employers with over 26 employees to provide up to 80 hours paid leave…more

California, Coronavirus/COVID-19, Paid Sick Leave, State Labor Laws, Wage and Hour

See all updates »

Quinn Arntsen

Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are again lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. In the…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Nonprofits

See all updates »

Jaya Bajaj

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends…more

California, Employer Liability Issues, Employment Contract, Employment Litigation, Hiring & Firing

See all updates »

Sarah Peterman Bell

EPA Publishes Direct Final Rule Delaying TSCA Section 8(a)(7) PFAS Reporting by Eight Months

On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule…more

Environmental Protection Agency (EPA), Final Rules, PFAS, Reporting Requirements, Toxic Substances Control Act (TSCA)

See all updates »

Jennifer Bentley

Fire Preparedness for Vineyards and Wineries

Winter, spring, summer, fire season, and fall – as Californians, we have all become accustomed to a fifth season – fire season. Even worse, fire season was once confined to just a few months, but now is a threat for most of the…more

Agricultural Sector, Crop Insurance, Crops, Fire Insurance, Insurance Agents

See all updates »

Ashley Breakfield

Downtown San Francisco Adaptive Reuse Legislation Slated To Go Into Effect

As we alerted you on May 9, legislation to incentivize office and commercial building conversions to housing had begun working its way through the Board of Supervisors after approval by the San Francisco Planning Commission. The…more

Affordable Housing, New Legislation, Office Space, Redevelopment, San Francisco

See all updates »

Amy Briggs

Insurance for Non-Insurance Attorneys: How do I know which liability policies respond to claims against my clients?

It depends on the nature of the claim against the insured and the type of coverage at issue. Liability insurance policies are broadly understood as either "occurrence" policies or "claims-made" policies, and each has a different…more

Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance

See all updates »

Benjamin Buchwalter

District Court Voids FTC Rule Prohibiting Non-Compete Agreements

Employers nationwide have for months grappled with how to address the FTC’s April 23, 2024 rule prohibiting post-termination non-competition agreements in employment contracts (“FTC Rule”). On Tuesday, August 20, the United…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

See all updates »

Daniel Callaway

What Have We Learned From the First Six Months Under the New Federal Rule of Evidence 702?

As patent practitioners know, Daubert motions can be some of the most hotly contested and pivotal motions in the life of a patent case. These motions are used to exclude testimony from an opponent's expert witness, usually on…more

Daubert Standards, Expert Testimony, Expert Witness, Federal Rules of Evidence, Patent Litigation

See all updates »

Cynthia Castillo

Litigation Trends In the Private Equity and Venture Capital Space

In this Upside episode, we explore fiduciary duty in the venture capital context. Can owners of a venture capital management company act in ways that explicitly disadvantage their business partners? Can they agree to waive any…more

Fiduciary Duty, Private Equity, Venture Capital

See all updates »

Sushila Chanana

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise,…more

Advertising, Brand, Contract Terms, Copyright, Copyright Infringement

See all updates »

Morgan Churma

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable…more

Business Losses, Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach

See all updates »

James Colopy

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive…more

Air Pollution, Appeals, CERCLA, Clean-Up Costs, Contamination

See all updates »

James Day

What Patent Bills Would Mean for Infringement Litigation

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting…more

America Invents Act, CLS Bank v Alice Corp, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity

See all updates »

Carolina de Armas

Fed Announces New Main Street Lending Program

Loans Will Provide Additional Support for Small and Mid-sized Businesses - On April 9, 2020, the Federal Reserve released the terms of its Main Street Lending Program, a $600 billion loan fund for U.S. companies. We’ve…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Midsize and Large Business Loans

See all updates »

Doug Dexter

California Employers Face Various New Laws in January 2021

The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for…more

ABC Test, Arbitration, Board of Directors, California Consumer Privacy Act (CCPA), California Family Rights Act (CFRA)

See all updates »

Brian Donnelly

Federal and California Taxpayer Relief: Reprieve From Wet Winter Weather

2023 started California off with weather that escapes recent memory. Rain, snow, and surf seemed unrelenting for the first two weeks of January. While this spell of winter storms has brought snow to our slopes and refilled the…more

California, Federal Taxes, FEMA, Filing Deadlines, Income Taxes

See all updates »

Elizabeth Dorsi

Regulatory and Litigation Risks From California’s New Recycling Laws

California is a leader on plastics reduction, passing legislation regulating recyclability and sustainability claims, promoting the use of recycled materials, and preventing plastics pollution. In particular, two new laws…more

California, Consumer Product Companies, Manufacturer Liability, New Legislation, Plastics

See all updates »

Shanti Eagle

When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? Part II: When Can an Insurer Pursue a Reimbursement Claim against an Insured?

In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the…more

Attorney Malpractice, Defense Costs, Insurance Industry, Insurance Litigation, Professional Liability

See all updates »

Jeffrey Fisher

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

See all updates »

William Friedrich

Maximizing Homeowner Insurance Coverage Benefits After a Fire

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met. When you are ready to begin the recovery process, we have outlined three steps…more

Fire Damage, Homeowner's Insurance

See all updates »

Lauren Galbraith

[Event] Vines and Legacies: Secure Your Future Today - September 24th, St. Helena, CA

Thoughtful planning and careful implementation are essential to a successful estate plan that preserves wealth in the most tax-efficient manner and fulfills a family’s personal objectives…more

Distributors, Estate Planning, Events, Generation-Skipping Transfer, Intra-Family Loans

See all updates »

Nate Garhart

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening litigation…more

Cease and Desist, Demand Letter, Enforcement, Third-Party, Trade Dress

See all updates »

Tyler Gerking

Fire Preparedness for Vineyards and Wineries

Winter, spring, summer, fire season, and fall – as Californians, we have all become accustomed to a fifth season – fire season. Even worse, fire season was once confined to just a few months, but now is a threat for most of the…more

Agricultural Sector, Crop Insurance, Crops, Fire Insurance, Insurance Agents

See all updates »

Cameron Gibbs

New DOJ Corporate Whistleblower Awards Program Pits Company Compliance Programs Against the Clock

The Department of Justice announced a Corporate Whistleblower Awards Pilot Program on August 1, 2024. If a whistleblower voluntarily reports original, truthful, and complete information to DOJ in a relevant subject…more

Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

See all updates »

Michael Ginsburg

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in…more

Batteries, Construction Contracts, Construction Industry, Construction Project, Contract Negotiations

See all updates »

Drew N. Goodwin

What to Know About Taking a Data Center Company Public Through a SPAC

A recent IPO by InterPrivate IV Infratech Partners, a digital infrastructure-focused special purpose acquisition company, or SPAC, raised $250 million. Its impressive fundraising and management team, led by former CyrusOne CTO…more

Due Diligence, Financial Sponsors, Initial Public Offering (IPO), Publicly-Traded Companies, Securities and Exchange Commission (SEC)

See all updates »

Ezekiel Gorrocino

IRS Moves to Target Wealthy Taxpayers in Historic Compliance Drive

This month, the IRS announced that it is using the long-term funding approved by Congress through the Inflation Reduction Act of 2022 to shift its attention to wealthy taxpayers in an effort to “identify sophisticated schemes to…more

Analytics, Audits, Compliance, Digital Assets, Inflation Reduction Act (IRA)

See all updates »

John Green

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private…more

Board of Directors, Corporate Executives, Defense Strategies, Federal Trade Commission (FTC), Indemnification

See all updates »

Jeffrey Hamilton

Pesticides Found in Legal Cannabis Products

If anyone had forgotten about the “Vitamin E Acetate” related deaths a few years ago, this should be a jarring reminder that California still has a long way to go to protect consumers' health. As cannabis prices continue to…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Pesticides

See all updates »

Charles Higley

[Event] CEQA Decoded: Air Quality Analysis for Bay Area Projects - August 22nd, San Francisco, CA

Join our next “CEQA Decoded” series program for Bay Area professionals, addressing key aspects of air quality impact analysis under CEQA, and highlighting the latest revisions to BAAQMD and City of San Francisco guidelines. Our…more

Air Quality Standards, Bay Area, Bay Area Air Quality Management District, CEQA, Environmental Review

See all updates »

Joseph Hilliard

Nonprofit Quick Tip: State Filings in Colorado and Wyoming

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the 14th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier…more

Charitable Organizations, Corporate Governance, Filing Requirements, Nonprofits, Tax Exempt Entities

See all updates »

Robert Hines

[Webinar] Cannabis Farms in the Neighborhood: Water, Contaminants and Other Proximate Matters - November 9th, 10:00 am - 11:00 am PT

As the cannabis industry grows and farms and farming operations expand, concerns around water use, wastewater discharge, land use and related nuisance issues, among others, rise as well. Our panel of industry experts and farmers…more

Agricultural Land, Agricultural Sector, Cannabis-Related Businesses (CRBs), Contamination, Continuing Legal Education

See all updates »

David Hofmayer

What Retailers Need to Know About California’s Price-Gouging Laws

Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plaintiff. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging –…more

Coronavirus/COVID-19, Goods or Services, Penal Code, Price Gouging, Putative Class Actions

See all updates »

Stephanie Hood

Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary

Welcome to EO Radio Show - Your Nonprofit Legal Resource. This week, Stephanie Hood returns as Cynthia Rowland's guest on the EO Radio Show. Stephanie is a key member of Farella's top-notch estate planning practice and private…more

Beneficiaries, Estate Planning, Estate Tax, Gifts, Tax Planning

See all updates »

Timothy Horgan-Kobelski

What Have We Learned From the First Six Months Under the New Federal Rule of Evidence 702?

As patent practitioners know, Daubert motions can be some of the most hotly contested and pivotal motions in the life of a patent case. These motions are used to exclude testimony from an opponent's expert witness, usually on…more

Daubert Standards, Expert Testimony, Expert Witness, Federal Rules of Evidence, Patent Litigation

See all updates »

Victoria Constance Huang

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

See all updates »

Vanessa Ing

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for…more

Artificial Intelligence, California, California Privacy Protection Agency (CPPA), Decision-Making Process, Innovative Technology

See all updates »

Kevin Jones

Navigating California Wage Statement Penalties After Naranjo v. Spectrum Security Services, Inc.

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and…more

CA Supreme Court, Class Action, Penalties, Rest and Meal Break, Wage and Hour

See all updates »

Michelle Kao

Enforcement of CPRA Regulations Delayed

Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on June 30,…more

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

See all updates »

Gary Kaplan

[Hybrid Event] Uncorking the Facts: Navigating the Bankruptcy Process - August 27th, St. Helena, CA

Join us for an indispensable discussion on recognizing early signs of financial distress, effectively managing risks, and navigating the complex legal landscape of bankruptcy. Gain valuable insights into negotiating debt…more

Commercial Bankruptcy, Debt Restructuring, Events, Financial Distress, Risk Management

See all updates »

Said Kordestani

Federal and California Taxpayer Relief: Reprieve From Wet Winter Weather

2023 started California off with weather that escapes recent memory. Rain, snow, and surf seemed unrelenting for the first two weeks of January. While this spell of winter storms has brought snow to our slopes and refilled the…more

California, Federal Taxes, FEMA, Filing Deadlines, Income Taxes

See all updates »

Hilary Krase

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly…more

Corporate Officers, D&O Insurance, Directors, Employment Practices Liability Insurance (EPLI), Fiduciary Duty

See all updates »

David Lazerwitz

The Winding Trail Home: Marin County Secures Key Multi-Use Trail Access Decision

With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and consequently…more

Appeals, Bicycles, CEQA, Environmental Impact Report (EIR), Environmental Litigation

See all updates »

Rachel Lenihan

Add Value to Your Winery by Monetizing Land Use Entitlements

With today’s emphasis on increasing the bottom line of winery businesses, winery owners often overlook a simple strategy for increasing their revenue and the value of their investment: the land use entitlements process. Wineries…more

Economic Downturn, Entitlements, Investment, Land-Use Permits, Marketing

See all updates »

Greg LeSaint

John Wick - What You Need To Know about the Corporate Transparency Act

Welcome to The Verdict: Estate Planning Through Film. In episode two, host Hons Yung is joined by Farella Braun + Martel's Greg LeSaint to discuss the movie John Wick and the Corporate Transparency Act (CTA). Greg breaks down…more

Asset Management, Beneficial Owner, Beneficiaries, Corporate Transparency Act, Estate Planning

See all updates »

Matthew Lewis

Life Is Too Short for Bad Wine Distribution Agreements: 10 Key Considerations

If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working with…more

Contract Terms, Exclusivity, Intellectual Property Protection, Partnerships, Pricing

See all updates »

Winston Liaw

Supreme Court Allows Recovery of Foreign Lost Profits For Shipping Components of a Patented Invention Overseas

On June 22, 2018, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophyiscal Corp. addressing whether foreign lost profits can be recovered for infringement under 35 U.S.C. § 271(f)(2) of the Patent Act. …more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

See all updates »

Patrick Loi

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified…more

Biometric Information, Biometric Information Privacy Act, Commercial General Liability Policies, IL Supreme Court, Insurance Industry

See all updates »

Ryan Lowther

5 Key Highlights of the CDFA’s Proposed Cannabis Appellations Program

The California Department of Food & Agriculture (CDFA) recently released the first iteration of its Cannabis Appellations Program (CAP), which sets forth proposed regulations for licensed cultivators to establish appellations of…more

Administrative Review Board, Agricultural Sector, California Department of Food and Agriculture (CDFA), Cannabis Products, Cannabis-Related Businesses (CRBs)

See all updates »

Eugene Mar

Internet Archive's Book Lending May Be Coming to an End

In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine. But was this decision really just based…more

Copyright, Copyright Infringement, e-Books, Fair Use, Internet

See all updates »

Hillary Marks

What California’s Pay Transparency Law May Mean for You

California Gov. Gavin Newsom has signed a new pay transparency act that will require significant changes in how employers draft job postings and how they report pay data to the state. Given the scope of the changes, many…more

California, Disclosure Requirements, Employer Liability Issues, Human Resources Professionals, Job Applicants

See all updates »

Kelly Matayoshi

The FASTER Act: What Companies Need to Know about the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food allergen…more

Civil Liability, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food Allergies, Food and Drug Administration (FDA)

See all updates »

Mary McCutcheon

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the…more

Commercial Bankruptcy, Corporate Counsel, D&O Insurance, Debtors, Defense Costs

See all updates »

Kyle McLorg

7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting…more

Broker-Dealer, Confidentiality Agreements, Customer Information, Customer Lists, Financial Adviser

See all updates »

Alyssa Netto

San Francisco Board of Supervisors Passes Housing Fee Reform Legislation

The San Francisco Board of Supervisors took the first of two votes to approve housing fee reform legislation last week. The legislation reduces by as much as a third the affordable housing fees and other impact fees in a bid to…more

Affordable Housing, Fees, New Legislation

See all updates »

Erik Olson

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google, a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against…more

Certiorari, Communications Decency Act, Google, Internet, Internet Speech

See all updates »

Thomas Pardini

Crypto Goes on the Offensive

In a fascinating move, Coinbase recently added Paul Clement to its Board and publicly stated that his addition will help the company push back against the SEC. The addition of Clement, who is fresh off a victory at the Supreme…more

Chevron Deference, Coinbase, Digital Assets, SCOTUS, Securities and Exchange Commission (SEC)

See all updates »

Philip Peters

New Laws Bring California into Alignment with U.S.

Starting in 2012, a variety of new laws passed that directly affect California businesses. There were new filing requirements for exempt securities offerings involving real estate, changes to the rights of dissenting…more

Compliance, JOBS Act, Limited Liability Company (LLC), Offerings, Securities

See all updates »

Katherine Philippakis

Uncorked With Farella: Art of the Real Estate Deal With Bart Araujo

Katherine Philippakis' guest on this episode of Uncorked With Farella shares his experience building luxury brands. Bart Araujo owned one of Napa's greatest wineries and is a master of the art of the real estate deal. They…more

Beverage Manufacturers, Brand, Breweries, Luxury Goods, Wine & Alcohol

See all updates »

Dan Porter

Year-End Estate Planning in an Election Year

The 2020 election is less than a month away and year-end estate planning is already underway for many. Under current law, the estate, gift and GST (generation-skipping transfer) tax exemptions for 2020 are set at $11,580,000 per…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

See all updates »

Raven Quesenberry

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, DMCA

See all updates »

Alex Reese

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and online…more

Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Data Collection, Infrastructure, Social Media

See all updates »

Janice Reicher

A Primer for Corporate Directors: Maximizing Internal Investigation Effectiveness and Efficiency

In corporate America and across the globe, allegations of wrongdoing within companies are increasingly common, and the high cost of internal investigations continues apace. In 2021, in an anonymous survey of more than 1,330…more

Anti-Corruption, Audits, CEOs, CFOs, Corporate Misconduct

See all updates »

Christopher Rendall-Jackson

Recent Increase in Prop 65 60-Day Notices Targeting Diethanolamine in Cosmetics

There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics. Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65 as…more

California, Cosmetics, Product Labels, Proposition 65, Toxic Chemicals

See all updates »

Cynthia Rowland

Steps Your Nonprofit Can Take to Mitigate Fraud Risks - Part 2

Welcome to EO Radio Show - Your Nonprofit Legal Resource with Farella's Cynthia Rowland. Episode 95 is the second in a series of episodes studying financial fraud at nonprofit organizations. With the expert insight of Sly…more

Compliance Monitoring, Ethics, Fraud, Fraud Prevention, Nonprofits

See all updates »

Brent Saldaña

[Webinar] Nonprofit Real Estate: Perspectives on Shedding Space - March 17th, 3:30 pm - 4:30 pm PT

With the new normal of work-from-home employees and hybrid work options, many nonprofit executives are querying what to consider when deciding whether and how to shed space. Join our live webinar conversation about: - Common…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Contracts, Continuing Legal Education, Contract Negotiations

See all updates »

William Schlinkert

Federal and California Taxpayer Relief: Reprieve From Wet Winter Weather

2023 started California off with weather that escapes recent memory. Rain, snow, and surf seemed unrelenting for the first two weeks of January. While this spell of winter storms has brought snow to our slopes and refilled the…more

California, Federal Taxes, FEMA, Filing Deadlines, Income Taxes

See all updates »

Anthony Schoenberg

[Webinar] Eviction Moratoriums and Commercial Leasing: Current Issues - June 15th, 10:00 am - 11:00 am PT

The pandemic has had wide ranging impacts on commercial leasing. In this installment of our speaker series, we will discuss current issues in commercial leasing such as the eviction moratoriums, building management, and office…more

Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Negotiations, Coronavirus/COVID-19

See all updates »

Richard Shapiro

Non-Residential Lease Default Workouts, Security Deposits and Bankruptcy

What are the bankruptcy implications of the treatment of a tenant’s security deposit following a payment default? Many non-residential tenants are now or are likely in the future to be unable to pay rent and landlords will…more

Arrearages, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19

See all updates »

Gregory Shean

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman Marcus,…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Breach of Contract, Commercial Bankruptcy

See all updates »

Raymond Sheen

[Webinar] Business Interruption Coverage for the Coronavirus - March 31st, 10:00 am - 11:00 am PT

The coronavirus (COVID-19) has disrupted the economy and caused significant losses for businesses large and small. Commercial property insurance policies typically include business interruption coverage. It is critical that…more

Business Closures, Business Disruption, Business Interruption, Business Losses, Commercial Property Owners

See all updates »

Linda Sobczynski Gilleran

California Attorney General’s Office Files PFAS Lawsuit

The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November 10,…more

California, Contamination, Equitable Relief, Failure To Warn, Fraudulent Transfers

See all updates »

Donald Sobelman

EPA Publishes Direct Final Rule Delaying TSCA Section 8(a)(7) PFAS Reporting by Eight Months

On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule…more

Environmental Protection Agency (EPA), Final Rules, PFAS, Reporting Requirements, Toxic Substances Control Act (TSCA)

See all updates »

Rebecca Stephens

Pregnant Workers Fairness Act: What California Employers Need to Know

In 2023, the U.S. Congress passed the Pregnant Workers Fairness Act (“PWFA”) and, in June 2024, the Equal Employment Opportunity Commission’s (“EEOC’s”) regulations interpreting the PWFA took effect. In general, the PWFA…more

Americans with Disabilities Act (ADA), Documentation, Employment Policies, Equal Employment Opportunity Commission (EEOC), FEHA

See all updates »

David Stoll

[Event] Unlocking Clean Hydrogen: What Should Treasury’s Guidance Be for Hydrogen Production Tax Credit Eligibility? - October 17th, San Francisco, CA

The Inflation Reduction Act (IRA), passed just over a year ago, contains a clean hydrogen production tax credit of up to $3/kg. However, guidance from the Treasury as to what qualifies for the clean hydrogen tax credit remains…more

Carbon Emissions, Clean Energy, Electricity, Eligibility, Energy Sector

See all updates »

Bridget Sullivan

A Year in Review: SB 9 Slow to Gain Traction

A year since the approval of Senate Bill 9 (SB 9), it appears few Californians have taken advantage of the new legislation that aims to streamline small-scale housing development. The bill allows for the development of either…more

Homeowners, Housing Developers, Real Estate Development, Residential Property Owners, Zoning Laws

See all updates »

Holly Sutton

Employers Do Not Demonstrate Discriminatory Animus By Merely Repeating Pejorative Remarks When Investigating Complaints

In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine…more

Anti-Discrimination Policies, Discrimination, Employees, Employer Liability Issues, Employment Discrimination

See all updates »

Jamie Talt

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and…more

California, Cannabis Products, Controlled Substances, Documentation, Drug Testing

See all updates »

Rick Tooker

State Minimum Fire Safe Regulations Go Into Effect April 1, 2023

The State Board of Forestry and Fire Protection has been actively pursuing comprehensive new wildfire protection standards for development in Very High Fire Hazard Severity Zones and State Responsibility Areas where the State of…more

Construction Industry, Deadlines, Forestry, New Regulations, Real Estate Development

See all updates »

Julie Treppa

The IRS Is Targeting Partnership Transactions: Is Your Representative Ready?

Earlier this week, Treasury and the IRS issued guidance to halt the use of partnership rules in the Internal Revenue Code to engage in abusive basis-shifting transactions whereby tax basis is stripped from certain assets and…more

Audits, Deferred Compensation, Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC)

See all updates »

John Ugai

The Supreme Court's Recent Clean Water Act Decision Forces Local Jurisdictions to Tackle Wetlands Issues

As someone who grew up in Southwest Colorado, Ayden Crosby's great reporting on Silverton's efforts to grapple with wetlands issues after Sackett v. EPA hits close to home and highlights the impacts on local communities who are…more

Clean Water Act, Jurisdiction, Sackett v EPA, SCOTUS, Wetlands

See all updates »

Richard Van Duzer

Uncorked With Farella: An Inspiring Multi-Generational Story With Olav Goelet

Richard Van Duzer's guest on this episode of Uncorked With Farella shares the inspiring story of a renowned multi-generational Stags Leap District winery – how and where it started, what changes it’s made over the years, and…more

Breweries, Distilleries, Liquor, Wine & Alcohol, Wineries

See all updates »

Anthony Vecino

Prop. 19 Passed, Here Is What You Need to Know

Proposition 19, which passed last month, has important consequences for all real property owners in California. It is important to act quickly before Proposition 19's effective date of February 16, 2021. Proposition 19 has…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Real Estate Transfers

See all updates »

Steven Vettel

California Court of Appeal Upholds Validity of SB 35 to Streamline Approval of Affordable Housing Projects

The California Court of Appeal issued a unanimous decision that will have lasting, positive implications for developers utilizing SB 35. SB 35 (Cal. Gov't Code Sec. 65913.4) requires cities and counties to quickly and…more

Affordable Housing, Appeals, Historic Preservation, Housing Developers, Municipalities

See all updates »

Erica Villanueva

What You Need To Know About Representation and Warranty Insurance

In this Upside episode, Farella's Greg LeSaint and Erica Villanueva discuss how incorporating representation and warranty insurance into your acquisition from the buy-side or sell-side can have tremendous benefits in dealing…more

Acquisitions, Buyers, Mergers, Representations and Warranties, Representations and Warranties Insurance

See all updates »

Mark Weaver

Prop. 19 Passed, Here Is What You Need to Know

Proposition 19, which passed last month, has important consequences for all real property owners in California. It is important to act quickly before Proposition 19's effective date of February 16, 2021. Proposition 19 has…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Real Estate Transfers

See all updates »

Ryan Wessels

Employers Do Not Demonstrate Discriminatory Animus By Merely Repeating Pejorative Remarks When Investigating Complaints

In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine…more

Anti-Discrimination Policies, Discrimination, Employees, Employer Liability Issues, Employment Discrimination

See all updates »

Christopher Wheeler

Pandemic Restriction Challenges Face Uphill Battle in California

On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult entertainment…more

Adult Entertainment, Appeals, Constitutional Challenges, Coronavirus/COVID-19, Due Process

See all updates »

Richard Young

California Court Issues First Decision Addressing Builder’s Remedy; Decision on Related Lawsuit Pending

The first California court decision to issue declaratory relief to a developer under the “builder’s remedy” appears to be on the horizon. The builder’s remedy has garnered significant attention over the past two years as cities…more

Affordable Housing, California, CEQA, Compliance, Declaratory Relief

See all updates »

Karen Yuen

CARES Act Money for Wineries?

Beginning tomorrow morning, April 3rd, the Small Business Administration will begin accepting applications for Paycheck Protection Program (PPP) loans under the new CARES Act. Amid the flurry of news, small winery owners may not…more

Business Losses, CARES Act, Coronavirus/COVID-19, Debt, Lenders

See all updates »

Hons Yung

John Wick - What You Need To Know about the Corporate Transparency Act

Welcome to The Verdict: Estate Planning Through Film. In episode two, host Hons Yung is joined by Farella Braun + Martel's Greg LeSaint to discuss the movie John Wick and the Corporate Transparency Act (CTA). Greg breaks down…more

Asset Management, Beneficial Owner, Beneficiaries, Corporate Transparency Act, Estate Planning

See all updates »