News & Analysis as of

Business & Professions Code

Cannabis Bill Focuses on Sexual Harassment and Discrimination Prevention Training

Earlier this year, California Assemblyman Jim Cooper, D-Elk Grove, introduced AB 1700 which seeks to amend the Business and Professions Code to include mandatory sexual harassment training. The bill applies to an applicant...more

[Acapulco] Gold* Rush for California Cannabis Trademarks Countdown to January 1, 2018

Last week the California Assembly passed Assembly Bill 64 (AB 64), an omnibus bill regarding medical and recreational marijuana, sending it to the State Senate for review....more

Beware the Empty Space - Defending Food Packaging Design Against Slack Fill Claims

by Bryan Cave on

There is a recent proliferation of slack fill litigation involving food products – both class and non-class suits. If you are a food manufacturer, distributor or seller, you need to be prepared to deal with these claims....more

California's Automatic Renewal Law: three recent decisions, and what they mean for businesses

by DLA Piper on

Yet another trial court has decided the question of whether California's Automatic Renewal Law (ARL) provides a private right of action.  The answer is a resounding no.  So where does this leave the state of lawsuits for...more

"Assuming" the Obvious: Exclusion for “Assumption of Liability in a Contract” Does Not Apply to Breach of Professional Services

In what it described as a case of first impression, the Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement”...more

WSGR Obtains Another First-of-Its-Kind Victory on California's Automatic Renewal Law

California's Automatic Renewal Law (ARL), Business and Professions Code Section 17600 et seq., has been a new and potent weapon for the plaintiffs' bar in recent years. The ARL requires a business to clearly and conspicuously...more

Contractors Do It, PIs Do It; Why Not Real Estate Brokers?

by Allen Matkins on

Individuals and corporations, but not limited liability companies, may be licensed as real estate brokers under the California Real Estate Law. This is a result of a bargain reached when California’s enacted its first...more

How The Defend Trade Secrets Act Of 2016 Opens The Door To Disclosure Of Trade Secrets

by Allen Matkins on

François-Marie Arouet, better known as Voltaire, once famously wrote “Ce corps qui s’appelait et qui s’appelle encore le saint empire romain n’était en aucune manière ni saint, ni romain, ni empire (This body, which was, and...more

Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm

The Ninth Circuit has upheld dismissal of a class action complaint on Twombly/Iqbal plausibility grounds, noting that the standard has its roots in “judicial experience and common sense.” In Ebner v. Fresh, Inc., — F.3d —-,...more

Senator Introduces Bill To Allow LLCs To Be Licensed As Real Estate Brokers

by Allen Matkins on

Section 17701.04(b) of the California Corporations Code provides: A limited liability company may have any lawful purpose, regardless of whether for profit, except the banking business, the business of issuing policies...more

CSLB Revamping its Home Improvement Salesperson Registration Process

CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process SACRAMENTO — The Contractors State License Board (CSLB) is moving quickly to implement a new law that will simplify the...more

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Proving Contractor Licensure in California. The Tribe Has Spoken.

As I mentioned in an earlier post, in California you must “prove” you’re a licensed contractor in a construction case. But in whose hands are you entitled to place your fate  – the judge or the jury?...more

Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

Two weeks ago we wrote about a disgorgement case winding its way through the courts where a contractor who let its license lapse after assigning its contract to a related but properly licensed entity was still facing...more

Flag on the Play! Expired Contractor’s License!

It’s football season again. Which means, of course, that in addition to touch downs and field goals, you’ll also see hooting and hollering when the ref throws down a yellow flag signaling that a foul has been committed....more

Hidden Pitfalls of Old Non-Compete Provisions

by Weintraub Tobin on

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

Construction Licensing – Substantial Compliance – Settlements and Suspension of License

by Low, Ball & Lynch on

Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. - Court of Appeal, Second Appellate District (May 18, 2015) - Business and Professions Code Section 7031 precludes a contractor from maintaining any action...more

Disgorgement Penalty for Unlicensed Contractors in California

by Snell & Wilmer on

California has some of the toughest penalties in the country for unlicensed contractors. An unlicensed contractor is not just a contractor without a license, but could also be a contractor who is not correctly licensed or a...more

No-Hire Clauses Common to Settlement Agreements Now Void In California

by FordHarrison on

The Ninth Circuit Court of Appeals recently broadened California's already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident's ability...more

Unfair Business Practices – Hospital’s “Facility Fee” Billed To New Patients

by Low, Ball & Lynch on

Justin Nolte et al., v. Cedars Sinai Medical Center - Court of Appeal, Second Appellate District (May 21, 2015) - Generally, a business practice is unfair if it violates established public policy or if it is...more

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

An interesting construction case just came out from the California Court of Appeals for the Second District this past month – Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc., California Court of Appeals for the Second...more

Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade...

Many attorneys representing company’s in or from other states (freedom of contract jurisdictions) believe a well drafted covenant not to compete can be an employer’s best defense against competition from former employees....more

Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade...

Many attorneys representing company’s in or from other states (freedom of contract jurisdictions) believe a well drafted covenant not to compete can be an employer’s best defense against competition from former employees....more

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