Hanson Bridgett LLP

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425 Market Street
26th Floor
San Francisco, CA 94105, United States
Phone: 415-777-3200
Fax: 415-541-9366
Areas of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys
100+ Attorneys

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

Bay Area Counties Issue New Orders Permitting Construction to Resume with Conditions

Key Points - Bay Area counties issued new Shelter Orders on April 29, 2020 allowing all construction to resume. The new Shelter Orders include detailed Construction Safety Protocols that construction jobsites must comply with…more

Construction Industry, Construction Project, Construction Workers, Coronavirus/COVID-19, Workplace Safety

See all updates »

Privacy Alert: Zoom or not to Zoom?

As soon as we began to shelter-in-place during the COVID-19 crisis, most of us also started to hold virtual meetings, both professional and personal, as a better, more satisfying way to connect. For this, we turned en masse to a…more

Coronavirus/COVID-19, Dark Web, Data Privacy, Data Security, Privacy Concerns

See all updates »

Contractual Performance Defenses In The Face Of COVID-19

The ongoing global COVID-19 pandemic is upending regular commercial activity across the United States and around the world, and that disruption is expected to escalate…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases, Performance Standards

See all updates »

Shelter-in-Place Implications for Bay Area Development Projects

On March 16, 2020, seven Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, Marin, Santa Clara, and Santa Cruz, issued nearly identical orders to Shelter-in-Place (the "Order"), to be effective as of…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, State and Local Government

See all updates »

Recent Changes to CEQA-Related Procedures from COVID-19

Key Points: An executive order from the governor's office modifies California Environmental Quality Act ("CEQA") noticing procedures, requiring local agencies to take extra steps to notify the public that environmental review…more

CEQA, Coronavirus/COVID-19, Executive Orders, Governor Newsom

See all updates »

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products

Key Points - U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA…more

EPA, False Advertising, Pesticides

See all updates »

Employee Benefits Webinar - Public Agency Employers

Webinar Agenda –Public Agency - 1.Health and Welfare Plan Updates: •Affordable Care Act Updates •California Individual Mandate •Proposed IRS Cost-Sharing Transparency Rules •Final DOL “Regular Rate” Regulations •Final…more

401k, 403(b) Plans, Affordable Care Act, Cadillac Tax, California Consumer Privacy Act (CCPA)

See all updates »

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

Change in Federal Law: Losing the ´Stretch´

Let's Discuss the Beneficiaries of Your Retirement Accounts - The SECURE (Setting Every Community Up for Retirement Enhancement) Act (the "Act") took effect on January 1, 2020, making substantial changes to the rules regarding…more

Beneficiaries, Beneficiary Designations, Estate Planning, Retirement, Retirement Plan

See all updates »

Change in Federal Law: Losing the ´Stretch´

Let's Discuss the Beneficiaries of Your Retirement Accounts - The SECURE (Setting Every Community Up for Retirement Enhancement) Act (the "Act") took effect on January 1, 2020, making substantial changes to the rules regarding…more

Beneficiaries, Beneficiary Designations, Estate Planning, Retirement, Retirement Plan

See all updates »

Amicus Briefs: The Difficulties in Navigating the Party Presentation Rule

Amici curiae often walk a tightrope between offering argument that is supplemental, but also sufficiently within the issues framed by the parties. That tightrope may be even narrower after the Supreme Court issued its decision…more

Amicus Briefs, Appellate Courts

See all updates »

The Main Street Lending Program: How it Works and Who is it For?

What Is It? On April 9, the Federal Reserve Board revealed details about the previously announced Main Street Lending Program. Even larger than the Paycheck Protection Program, the Main Street Lending Program is geared toward…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

Bay Area Counties Issue New Orders Permitting Construction to Resume with Conditions

Key Points - Bay Area counties issued new Shelter Orders on April 29, 2020 allowing all construction to resume. The new Shelter Orders include detailed Construction Safety Protocols that construction jobsites must comply with…more

Construction Industry, Construction Project, Construction Workers, Coronavirus/COVID-19, Workplace Safety

See all updates »

New Federal Law Requires PFAS Users to Report to EPA

Companies, municipalities, and water systems must now report their per- and polyfluoroalkyl substances (PFAS) use to the federal government…more

EPA, PFAS, Toxic Chemicals, Water Supplies

See all updates »

California Governor's Executive Order to Utilize Hotels for Emergency Purposes

Governor Newsom’s March 4th Executive Order N-25-20, mandates that the “California Health and Human Services Agency [“CHHS”] and the Office of Emergency Services shall identify, and shall otherwise be prepared to make…more

Coronavirus/COVID-19, Executive Orders, Governor Newsom, Hospitality Industry, Hotels

See all updates »

Takings Challenge Against San Francisco’s Expedited Conversion Program Dismissed as Unripe

In Pakdel v. City and County of San Francisco, filed on March 17, 2020, a three-judge panel of the Ninth Circuit Court of Appeal voted 2-1 to affirm the dismissal of a property owner’s takings challenge against San Francisco’s…more

Landlords, Leases, Rent, Tenants

See all updates »

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

IRS Clarifies Eligible Like-Kind Property under Proposed Section 1031 Regulations

Key Points - IRS proposed new regulations for like-kind exchanges under section 1031. The guidance provides the definition of real property and treatment of incidental personal property in the section 1031 context…more

IRS, Popular, Section 1031, Tax Cuts and Jobs Act

See all updates »

CDPH Requires all California Skilled Nursing Facilities to Submit 'COVID-19 Mitigation Plan' Creating New Documentation Concerns

Key Points: New CDPH mandate requires action by skilled nursing facilities within 21 calendar days of issuance of All Facilities Letter. CDPH to conduct onsite visits to skilled nursing facilities every 6 to 8 weeks to verify…more

Coronavirus/COVID-19, Skilled Nursing Facility

See all updates »

CDPH Requires all California Skilled Nursing Facilities to Submit 'COVID-19 Mitigation Plan' Creating New Documentation Concerns

Key Points: New CDPH mandate requires action by skilled nursing facilities within 21 calendar days of issuance of All Facilities Letter. CDPH to conduct onsite visits to skilled nursing facilities every 6 to 8 weeks to verify…more

Coronavirus/COVID-19, Skilled Nursing Facility

See all updates »

Guidelines for Construction Owners Responding to COVID-19

Across the country, construction projects of every nature are impacted by the COVID-19 pandemic. The situation and governmental response to the pandemic continue to evolve, and owners must keep abreast of these changes to ensure…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Coronavirus/COVID-19

See all updates »

Eviction Guidance for California Senior Communities During COVID-19 Pandemic

Due to the worldwide COVID-19 pandemic, California has implemented eviction restrictions on all landlords. These restrictions have been issued in several forms, and have changed over the last few weeks. The purpose of this alert…more

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

See all updates »

Privacy Alert: Zoom or not to Zoom?

As soon as we began to shelter-in-place during the COVID-19 crisis, most of us also started to hold virtual meetings, both professional and personal, as a better, more satisfying way to connect. For this, we turned en masse to a…more

Coronavirus/COVID-19, Dark Web, Data Privacy, Data Security, Privacy Concerns

See all updates »

Summary Judgment & Hearsay Objections: Viable Since Sweetwater?

In Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, the California Supreme Court examined evidence burdens in the context of the anti-SLAPP statute. Despite resolving anti-SLAPP issues, the…more

Anti-SLAPP, CA Supreme Court

See all updates »

New Orders from 6 Bay Area Counties Require Face Coverings to be Worn During Work in Most Circumstances

Key Points: Face coverings are now mandatory for most workers in six Bay Area counties. These orders apply to those working in proximity to others and in areas frequented by the public, and to all essential infrastructure…more

Construction Workers, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Operators of Essential Services

See all updates »

Guidelines for Contractors Responding to COVID-19

You’ve read the qualifying language before: across the country, construction projects are being impacted by the COVID-19 pandemic. We thought it important to prepare guidelines to assist contractors in navigating the situation…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Coronavirus/COVID-19

See all updates »

Guidelines for Construction Owners Responding to COVID-19

Across the country, construction projects of every nature are impacted by the COVID-19 pandemic. The situation and governmental response to the pandemic continue to evolve, and owners must keep abreast of these changes to ensure…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Coronavirus/COVID-19

See all updates »

Protecting Employees on the Front Lines: Interim Cal/OSHA Guidance for Skilled Nursing and Long-Term Care Facilities

A recent COVID-19 outbreak at a King County, Washington state long-term care skilled nursing facility led to numerous cases and deaths among residents and visitors. Most likely as a result of continued and growing cases of…more

Cal-OSHA, Coronavirus/COVID-19, Long Term Care Facilities, Long-Term Care, New Guidance

See all updates »

Employer’s Notification Requirements of Possible COVID-19 Exposure

In the current situation, employees who come into contact with other employees may be diagnosed with COVID-19. What is an employer’s obligation to notify other potentially exposed employees?…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Notification Requirements

See all updates »

San Francisco Extends Commercial Eviction Moratorium

Key Points: SF Major extends commercial eviction moratorium through May 17, 2020. Moratorium applies only to commercial tenants registered to do business in San Francisco meeting certain requirements. Moratorium applies to all…more

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

See all updates »

Judicial Council Revises Its Deadline for Tolling Civil Statutes of Limitations, Including for CEQA Actions

Key Points - The Judicial Council amended Emergency Rule 9 to provide dates certain for tolling the statutes of limitations for civil actions, which are currently tolled due to the COVID-19 state of emergency…more

CEQA, Statute of Limitations, Tolling

See all updates »

Employee Benefits Webinar - Public Agency Employers

Webinar Agenda –Public Agency - 1.Health and Welfare Plan Updates: •Affordable Care Act Updates •California Individual Mandate •Proposed IRS Cost-Sharing Transparency Rules •Final DOL “Regular Rate” Regulations •Final…more

401k, 403(b) Plans, Affordable Care Act, Cadillac Tax, California Consumer Privacy Act (CCPA)

See all updates »

Business Interruption Insurance May Cover Losses Related to Coronavirus

As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

See all updates »

A Pandemic Upsets Supply Chains as Proposition 65 Enforcement Soars and New Regulations Take Effect

Key Points: Since Governor Newsom announced a state of emergency due to the COVID-19 outbreak, private Proposition 65 enforcement has increased by about 50%. Effective April 1st, new regulations clarify how manufacturers can…more

Coronavirus/COVID-19, Manufacturers, Proposition 65, Public Health Emergency, Supply Chain

See all updates »

Uncertainty on Maui: How Will Functional Equivalence Work in the Real World?

Key Points - A discharge of pollutants to groundwater may require a permit under the Clean Water Act. The new “functional equivalent of a direct discharge” test will be difficult to apply…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

COVID Relief for Qualified Opportunity Funds

Key Points - IRS releases new COVID-19 relief for Qualified Opportunity Funds - Taxpayers granted significant postponement of various timing requirements to ensure compliance with IRC section 1400Z-2…more

Coronavirus/COVID-19, IRS, Opportunity Zones, Popular, Qualified Opportunity Funds

See all updates »

Governor's Executive Order N-42-20 Restricts the Ability of Water Service Providers to Shut Off Water Service

On April 2, 2020, Governor Newsom issued Executive Order N-42-20 ("Executive Order") in response to the COVID-19 pandemic. This order restricts the ability of water service providers to shut off water to certain customers for…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Newsom

See all updates »

COVID-19 Considerations for Landlords & Property Managers

As the COVID-19/Coronavirus (COVID-19) continues to spread and affect our lives, the only certainty seems to be uncertainty. What is becoming clear is that both the short term and long term economic effects of the outbreak are…more

Coronavirus/COVID-19, Infectious Diseases, Landlords, Property Managers

See all updates »

Project Approved Pursuant to SB 35 Streamlining Procedures Survives Court Challenge

Key Points - Cupertino Vallco Mall Project clears major hurdle thanks to California court's denial of writ of mandate petition from anti-housing group. Another favorable SB 35 ruling may embolden further use of the procedure for…more

Amicus Briefs, Real Estate Development

See all updates »

Ready to Return to Work? Perhaps Not – San Francisco Temporarily Expands Paid Leave for Employees Impacted by COVID-19

Key Points: SF passed emergency ordinance requiring employers to provide workers with supplemental COVID-related paid leave. The ordinance applies to employers not covered by federal Families First Coronavirus Response Act…more

Coronavirus/COVID-19, Employee Benefits, Paid Leave, Public Health Emergency, Relief Measures

See all updates »

CFIUS: Final Foreign Investment Regulations Implement 2018 Law

On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) (the “Regulations”2). The…more

CFIUS, Critical Infrastructure Sectors, Filing Requirements, FIRRMA, Foreign Acquisitions

See all updates »

Opening the Golden Door: The Fourth District Shines a Light on CEQA Compliant Greenhouse Gas Mitigation

Key Points - The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA…more

Carbon Emissions, CEQA, Greenhouse Gas Emissions

See all updates »

Change in Federal Law: Losing the ´Stretch´

Let's Discuss the Beneficiaries of Your Retirement Accounts - The SECURE (Setting Every Community Up for Retirement Enhancement) Act (the "Act") took effect on January 1, 2020, making substantial changes to the rules regarding…more

Beneficiaries, Beneficiary Designations, Estate Planning, Retirement, Retirement Plan

See all updates »

Employers Need to Check for Local COVID-19 Emergency Paid Sick Leave Ordinances

An increasing number of California cities are adopting expanded paid sick leave ordinances – or expanded application of local paid sick leave ordinances – aimed at providing paid sick leave benefits to employees affected by…more

Coronavirus/COVID-19, Employee Benefits, Families First Coronavirus Response Act (FFCRA), Public Health, Relief Measures

See all updates »

Requesting Rent Abatement: A Practical Approach During the COVID-19 Pandemic

Chances are your business has been interrupted by the Coronavirus epidemic, and if you rent space, you are considering how to obtain rent concessions from your landlord. Most likely, your lease will not give you an express right…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords

See all updates »

Coronavirus Preparedness and Response for Senior Living Communities

The recent spread of the coronavirus around the world is justifying significant concern among senior living operators and raising questions about how to prepare for and respond to the possibility that the disease will affect…more

CDC, Coronavirus/COVID-19, Infectious Diseases, Risk Assessment, Risk Mitigation

See all updates »

The CARES Act Increases Unemployment Compensation Coverage and the DOL Clarifies Exemptions to the FFCRA

Last week, President Trump signed two Legislative Acts – the Families First Coronavirus Response Act ("FFCRA") and the Coronavirus Aid, Relief, and Economic Security Act (CARES). Effective April 1, 2020, the FFCRA requires…more

CARES Act, Coronavirus/COVID-19, DOL, Families First Coronavirus Response Act (FFCRA), Financial Stimulus

See all updates »

Montana District Court Decision Invalidates Army Corps Nationwide Permit 12 Impacting Thousands of Ongoing and Planned Utility Projects Throughout the Country

Key Points: A federal district judge has invalidated the Army Corps of Engineers Nationwide Permit 12 for failure to comply with the Endangered Species Act, in response to a case filed against the notorious Keystone XL pipeline…more

Clean Water Act, Discharge of Pollutants, Keystone XL Pipeline, Permits, Pipelines

See all updates »

CEQA Reform in the COVID Era? The California Senate Housing Production Package Moves Forward

Key Points - A five bill, California Senate housing package heads to Appropriations after unanimously passing key committee votes last week…more

CEQA, Housing Developers

See all updates »

Federal Anti-SLAPP Law Year in Review – 2019 Roundup

2019 was another active year for federal appellate anti-SLAPP opinions. Most notably, the circuit split deepened over whether state anti-SLAPP laws even apply in federal court. Despite an earlier trend of federal courts…more

Anti-SLAPP, Defamation, First Amendment, Free Speech, Public Interest

See all updates »

IRS Issues CARES Act Guidance for Retirement Plans

Key Points - IRS guidance expands the definition of “qualified individual” for receiving a tax-favored coronavirus-related distribution (“CRD”) from a retirement plan and other plan changes under the CARES Act…more

CARES Act, Coronavirus/COVID-19, IRS, Loans, Retirement Plan

See all updates »

Obligations of Board of Directors in Light of COVID-19 Restrictions

We have been asked whether businesses should cancel or severely limit business meetings and social engagements due to the Coronavirus pandemic crisis…more

Board Meetings, Board of Directors, Coronavirus/COVID-19, Infectious Diseases, Shareholder Meetings

See all updates »

Uncertainty on Maui: How Will Functional Equivalence Work in the Real World?

Key Points - A discharge of pollutants to groundwater may require a permit under the Clean Water Act. The new “functional equivalent of a direct discharge” test will be difficult to apply…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

Remote Identification: The FAA Proposed Rule and Privacy

In our first posting of 2020, we covered the FAA’s Remote Identification of Unmanned Aircraft Systems notice of proposed rulemaking and promised that we would be blogging on the impacts of the proposed new rule. This is the…more

Comment Period, Drones, Federal Aviation Administration (FAA), Privacy Concerns, Proposed Rules

See all updates »

Shelter-in-Place Implications for Cannabis Dispensaries

On March 16, seven Bay Area counties issued "shelter-in-place" restrictions, which create compliance issues for cannabis operations licensed as dispensaries or as delivery services…more

Coronavirus/COVID-19, Dispensaries, Infectious Diseases, Marijuana Related Businesses

See all updates »

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

Ignorance Is Bliss (If You Are an ERISA Plaintiff)

On February 26, 2020, the Supreme Court ruled in Intel Corp. Investment Policy Committee v. Sulyma, 589 U.S. ___ (2020) (Sulyma) that an ERISA1 plaintiff’s admitted receipt of disclosures about his retirement plan investments…more

Actual or Constructive Knowledge, Appeals, Breach of Duty, ERISA, Fiduciary Duty

See all updates »

Ready to Return to Work? Perhaps Not – San Francisco Temporarily Expands Paid Leave for Employees Impacted by COVID-19

Key Points: SF passed emergency ordinance requiring employers to provide workers with supplemental COVID-related paid leave. The ordinance applies to employers not covered by federal Families First Coronavirus Response Act…more

Coronavirus/COVID-19, Employee Benefits, Paid Leave, Public Health Emergency, Relief Measures

See all updates »

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products

Key Points - U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA…more

EPA, False Advertising, Pesticides

See all updates »

Employer Notice: Families First Coronavirus Response Act Becomes Law

On March 18, 2020, the Senate approved, and President Trump signed H.R. 6201, the "Families First Coronavirus Response Act." The legislation contains a number of provisions related to employees' rights to time off and pay,…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Infectious Diseases, New Legislation

See all updates »

CEQA Reform in the COVID Era? The California Senate Housing Production Package Moves Forward

Key Points - A five bill, California Senate housing package heads to Appropriations after unanimously passing key committee votes last week…more

CEQA, Housing Developers

See all updates »

Judicial Council Revises Its Deadline for Tolling Civil Statutes of Limitations, Including for CEQA Actions

Key Points - The Judicial Council amended Emergency Rule 9 to provide dates certain for tolling the statutes of limitations for civil actions, which are currently tolled due to the COVID-19 state of emergency…more

CEQA, Statute of Limitations, Tolling

See all updates »

Newsom Temporarily Bans Evictions of Residential Tenant’s Impacted by COVID-19

On March 27, 2020 California Governor, Gavin Newsom, issued Executive Order N-37-20 (“Order”), temporarily restricting the ability of landlords to evict residential tenants for nonpayment of rent if the failure to pay rent is…more

Coronavirus/COVID-19, Eviction, Governor Newsom, Landlords, Rental Property

See all updates »

CARES Act – Important Changes to 401k or other Retirement Plans

Coronavirus-Related Plan Distributions and Loans, RMD Waivers, Qualified Disaster Relief Payments and Student Loan Assistance - As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Popular, Relief Measures

See all updates »

Eviction Guidance for California Senior Communities During COVID-19 Pandemic

Due to the worldwide COVID-19 pandemic, California has implemented eviction restrictions on all landlords. These restrictions have been issued in several forms, and have changed over the last few weeks. The purpose of this alert…more

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

See all updates »

Owner Alert: Recent Guidance on the CARES Act Offers Hope for Modification of Distressed Construction Loans

In passing the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES), Congress provided much- needed relief to project owners by making it easier to modify construction loans. Under the Act, an owner may…more

CARES Act, Construction Loans, Coronavirus/COVID-19, Distressed Debt, Loans

See all updates »

COVID Relief for Qualified Opportunity Funds

Key Points - IRS releases new COVID-19 relief for Qualified Opportunity Funds - Taxpayers granted significant postponement of various timing requirements to ensure compliance with IRC section 1400Z-2…more

Coronavirus/COVID-19, IRS, Opportunity Zones, Popular, Qualified Opportunity Funds

See all updates »

Business Interruption Insurance May Cover Losses Related to Coronavirus

As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

See all updates »

The Main Street Lending Program: How it Works and Who is it For?

What Is It? On April 9, the Federal Reserve Board revealed details about the previously announced Main Street Lending Program. Even larger than the Paycheck Protection Program, the Main Street Lending Program is geared toward…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

Opening the Golden Door: The Fourth District Shines a Light on CEQA Compliant Greenhouse Gas Mitigation

Key Points - The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA…more

Carbon Emissions, CEQA, Greenhouse Gas Emissions

See all updates »

More Flexibility for PPP Loans Under New Legislation

Key Points - New legislation allows longer 24-week period for payroll costs that will be forgiven under Paycheck Protection Program loans - Maximum forgiveness of loan can be achieved if 60% of the proceeds are used on payroll…more

Loan Forgiveness, Loans, Paycheck Protection Program (PPP)

See all updates »

Notice to Employers: California WARN Act Notice Requirements Suspended

On March 17, 2020, California Governor Gavin Newsom issued an Executive Order suspending some of the notice requirements under the California WARN Act ("Cal-WARN"), the state counterpart to the Federal WARN Act. The order came…more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Infectious Diseases, Layoff Notices

See all updates »

Executive Order Relaxes Brown Act Requirements Further

On March 17, 2020, Governor Newson issued Executive Order N-29-20 ("Executive Order") in response to the COVID-19 pandemic…more

Coronavirus/COVID-19, Executive Orders, Infectious Diseases, Public Meetings, Ralph M. Brown Act

See all updates »

A Role for Water Treatment Systems in Fighting the COVID-19 Pandemic

Key Points - Monitoring the movement of the COVID-19 virus in untreated wastewater may provide useful information in tracking the spread of the disease. Current methods for treating wastewater supplies appear to be sufficient to…more

Coronavirus/COVID-19, Infectious Diseases, Virus Testing, Wastewater

See all updates »

Summary Judgment & Hearsay Objections: Viable Since Sweetwater?

In Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, the California Supreme Court examined evidence burdens in the context of the anti-SLAPP statute. Despite resolving anti-SLAPP issues, the…more

Anti-SLAPP, CA Supreme Court

See all updates »

IRS Clarifies Eligible Like-Kind Property under Proposed Section 1031 Regulations

Key Points - IRS proposed new regulations for like-kind exchanges under section 1031. The guidance provides the definition of real property and treatment of incidental personal property in the section 1031 context…more

IRS, Popular, Section 1031, Tax Cuts and Jobs Act

See all updates »

Negotiating VC Term Sheets in a Recession

Key Points - Prior recessions saw increased instances of investor-favorable terms. Founders need to weigh the benefit of receiving financing now vs. the potential chilling effect on future rounds of equity investment…more

Coronavirus/COVID-19, Investors, Term Sheets

See all updates »

Remote Identification: The FAA Proposed Rule and Privacy

In our first posting of 2020, we covered the FAA’s Remote Identification of Unmanned Aircraft Systems notice of proposed rulemaking and promised that we would be blogging on the impacts of the proposed new rule. This is the…more

Comment Period, Drones, Federal Aviation Administration (FAA), Privacy Concerns, Proposed Rules

See all updates »

Top Ten Signals That Your Company is or May be a Candidate for Bankruptcy

Key Points: In most circumstances, the bankruptcy court should be a court of last, not first, resort. In certain circumstances, outlined in this article, the commencement of a bankruptcy case makes good sense…more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring

See all updates »

Employee Benefits Webinar - Public Agency Employers

Webinar Agenda –Public Agency - 1.Health and Welfare Plan Updates: •Affordable Care Act Updates •California Individual Mandate •Proposed IRS Cost-Sharing Transparency Rules •Final DOL “Regular Rate” Regulations •Final…more

401k, 403(b) Plans, Affordable Care Act, Cadillac Tax, California Consumer Privacy Act (CCPA)

See all updates »

Shelter-in-Place Implications for Cannabis Dispensaries

On March 16, seven Bay Area counties issued "shelter-in-place" restrictions, which create compliance issues for cannabis operations licensed as dispensaries or as delivery services…more

Coronavirus/COVID-19, Dispensaries, Infectious Diseases, Marijuana Related Businesses

See all updates »

Labor and Employment Mid-Year Update for 2020

Everything you need to know about developments in labor and employment law - Our annual mid-year seminar highlighting recent Labor and Employment federal and state updates since January 2020. The first session focused on new…more

Coronavirus/COVID-19, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

See all updates »

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

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

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

Collection of Information

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

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

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

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

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

How do we use this information?

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

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

How is your information shared?

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

How We Protect Your Information

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

Children's Information

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

Links to Other Websites

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

Information for EU and Swiss Residents

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

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

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

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

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

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

California Privacy Rights

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

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

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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

Access/Correct/Update/Delete Personal Information

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

Changes in Our Privacy Policy

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

Contacting JD Supra

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

JD Supra Cookie Guide

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

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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

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

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

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

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

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

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

Controlling and Deleting Cookies

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

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

Updates to This Policy

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

Contacting JD Supra

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

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