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  • Article

    State Water Board Seeks Public Comment On Storm Water Industrial General Permit

    The State Water Resources Control Board (State Water Board) has published its long-awaited draft of the proposed new General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit).
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Insured May Bear The Consequences Of Insurer's Negligence

    For decades, California courts have mandated that an insurer is obligated to accept a "reasonable" settlement demand within policy limits on behalf of its insured.
    United StatesInsurance
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

    Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation.
    United StatesLitigation, Mediation & Arbitration
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Lien Away As It’s An Absolutely Protected Right In California

    The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any evidentiary merit.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Board Minutes: Increased Risks In Troubled Times

    We recently discussed some of the risks faced by directors and officers during times of economic difficulties.
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    CARB Releases Preliminary Draft Of Recommended Approaches For Setting Significance Thresholds For Greenhouse Gases Under CEQA

    Senate Bill 97 directed in 2007 that the California Environmental Quality Act (CEQA) Guidelines be amended by January 1, 2010 to address climate change.
    United StatesEnergy and Natural Resources
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California's Bold New Green Chemistry Regulations

    January 1, 2011 is the statutory deadline for California's Department of Toxic Substances Control (DTSC) to adopt its potentially game-changing "Green Chemistry" regulations for companies that produce chemicals or consumer products for use in California.
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    The Future Has Arrived For Self-Driving Cars

    We first began studying the implications of self-driving cars, or "AVs", two years ago. At that time, observers predicted that fully autonomous "Level 5" cars would not appear in significant numbers until 2030.
    United StatesInsurance
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Growers: Protecting Yourself Against Winery Insolvencies

    California grape growers are used to relying on their statutory producer's lien (Food and Agricultural Code Sections 55631-55633) to protect against the risk of non-payment.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Employers Need Not Police Meal And Rest Breaks

    The California Supreme Court announced its much-anticipated unanimous decision yesterday in the case of Brinker Restaurant Corporation v. Superior Court, clarifying the extent of an employer’s obligation to provide legally mandated meal and rest breaks.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    New California Employment Laws Effective January 1, 2013

    This fall, the California Legislature and Governor passed a number of changes to California employment laws, most of which take effect on Jan. 1.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Harsh Result In Dispute Over Appointed Counsel

    Even when carriers agree to defend an insured, policyholders and carriers can still get locked into disputes about who will provide such a defense.
    United StatesInsurance
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    In California Your Unlicensed Contractor May Really Be Your "Employee"

    A case recently decided by the First District Court of Appeal on August 18, 2006, reminds all Californians of the danger of employing an unlicensed contractor.
    United StatesConsumer Protection
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Supreme Court Limits The Reach Of Private Federal Securities Law Actions, Rejecting Claims Of Liability Based Upon A "Scheme To Defraud"

    In an eagerly anticipated decision, the Supreme Court handed down a victory for third parties accused of securities fraud violations under § 10(b) of the Securities Exchange Act of 1934, holding that § 10(b) does not extend to secondary actors based solely on their participation in a public company’s "scheme to defraud.
    United StatesCriminal Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Some Sarbanes-Oxley Protections For Whistleblowers Found Not To Cover Foreign Employees

    In January, the First Circuit Court of Appeals became the first appellate court to address the issue of whether or not the protections afforded to whistleblowers under Section 806 of the Sarbanes-Oxley Act of 2002 apply to overseas employees of U.S. listed companies
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Northern District Of California Issues New Guidelines And Model Order On E-Discovery

    On November 27, 2012, the Northern District of California issued new Guidelines, a Checklist, and a Model Order regarding e-discovery and electronically stored information.
    United StatesLitigation, Mediation & Arbitration
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Court Establishes Willful Blindness Standard For Induced Patent Infringement

    On May 31, 2011, the United States Supreme Court ruled in "Global-Tech v. SEB" on the requisite level of knowledge that must be established to prove a claim for active inducement under patent law.
    United StatesIntellectual Property
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Electronic Waste Responsibilities Loom on the Horizon

    In 2003, consistent with its forward looking policies regarding managing waste, the European Union (EU) issued Directive 2002/96/EC regarding Waste Electrical and Electronic Equipment (WEEE).
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

    A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) ...
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    U.S. Supreme Court Expands Judicial Review Of Clean Water Act Enforcement Orders

    On March 21, 2012, the U.S. Supreme Court issued an important ruling addressing the enforcement authority of the U.S. Environmental Protection Agency ("EPA") under the federal Clean Water Act.
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel

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