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  • Article

    The Role Of Shareholder Activists In Scrutinizing Corporate Behavior

    In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    European Union Allows Use Of Traditional Expressions Only Until Stocks Are Exhausted

    Effective March 10, 2009 a US winery cannot export wine to the EU containing the terms chateau, classic, clos, fine, late bottled vintage, noble, ruby, superior, sur lie, tawny, vintage, and vintage character on US wine labels.
    United StatesGovernment, Public Sector
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Advance Health Care Directives—Don’t Be Scared

    Thanks to the more-heat-than-light arguments surrounding the health reform proposals, how an individual might choose to die, if in a terminal state and unable to make decisions himself or herself, is again a topic of discussion.
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Can Donations Be Taxed?

    You may have recently heard news reports that the IRS will begin subjecting individuals' contributions to IRC Section 501(c)(4) organizations - commonly known as social welfare organizations -- to gift tax (currently set at 35%).
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    UPDATE: Blurring The Line Between Foreign And Domestic: The Expansion Of Search Warrant Powers Overseas

    The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court.
    United StatesLitigation, Mediation & Arbitration
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Taking Advantage Of Low Interest Rates

    One potentially offsetting advantage from the current low returns on fixed-income investments is the ability to make relatively large tax-free transfers to one's beneficiaries.
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Developments In Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

    On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors.
    United StatesAntitrust/Competition Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    The First Sale Doctrine Under Copyright Law - Kirtsaeng v. John Wiley & Sons

    A case before the U.S. Supreme Court called Kirtsaeng v. John Wiley & Sons will decide whether the "first sale doctrine" under copyright law applies to goods first purchased outside the U.S.
    United StatesIntellectual Property
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    If You Give A Mouse A Cookie: Ongoing Regulatory Monitoring Increasing In Federal And State Non-Compliance Resolution

    Earlier this year we highlighted the growing trend of regulators asserting continuing post-investigation control over the operations of companies accused of compliance failures.
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Disparagement Allegations May Trigger Valuable Coverage

    A recent case we handled highlights the importance of reading a complaint's allegations very carefully.
    United StatesInsurance
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    SB 618 Provides Limited Williamson Act Relief For Solar Developers

    Just signed by Governor Brown, SB 618 (Wolk) creates, for the first time, an explicit mechanism for landowners and solar developers to remove non-prime agricultural land from existing Williamson Act contracts in order to use it for photovoltaic solar energy production.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    EPA's New Lead-Based Paint Renovation, Repair and Painting Requirements Take Effect

    The US Environmental Protection Agency's Lead-Based Paint Renovation, Repair and Painting Program (RRP), originally published in the Federal Register April 22, 2008, became fully effective on April 22, 2010, imposing certain training, certification and work practice requirements on activities that disturb lead-based paint.
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Supreme Court Extends Liability For Missed Meal Breaks

    On Monday, April 16, 2007, the California Supreme Court ruled that employees may recover for meal breaks missed as far back as three years before filing suit.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Supreme Court Delays Elimination Of The State’s Redevelopment Agencies

    After several months of debate regarding the potential elimination of California Redevelopment Agencies ("RDAs") in order to help reduce California’s budget deficit, on June 28, 2011 Gov. Jerry Brown signed two bills that affect the future viability of RDAs.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    FCPA In The Trump DOJ: Continuing Down The Same Path, With A Little More Heft

    Next week marks the 40th anniversary of the Foreign Corrupt Practices Act – it became effective December 19, 1977. Deputy Attorney General Rod Rosenstein marked the occasion this month ...
    United StatesCriminal Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Tax Cuts And Jobs Act Of 2017 Extends Profit Interest Holding Period

    The Tax Cuts and Jobs Act imposes a three-year holding period, rather than a one-year holding period, in order to qualify for long-term capital gains rates ...
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Supervisor Assurance Trumps Employer Policy - Creates Privacy Expectation In Electronic Communications

    Last week, the U.S. Ninth Circuit Court of Appeals held that employees may have a reasonable expectation of privacy in their text messages transmitted on pagers provided by their employer, despite policy warnings that such messages were subject to inspection.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    The Fourth Amendment Implications Of Sharing Server Space

    The prosecution of Martin Shkreli, whom the BBC has called "the most hated man in America," reveals some important lessons about the Fourth Amendment protections against search and seizure...
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Governor Enacts Special Paycheck Rules For Temporary Workers And Criminal Penalties For Falsified Timesheets

    Although Governor Schwarzenegger had vowed not to sign any new legislation until a budget agreement is reached, two new wage and hour laws will take effect on January 1, 2009.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Directors And Officers: Increased Risks In Troubled Times

    When times get tough, directors and officers expect shareholders to hold them accountable for how well the business is being managed.
    United StatesAccounting and Audit
    Farella Braun & Martel
    Farella Braun & Martel

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