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  • Article

    The Biden Administration Proposes Changing The Water Quality Certification Review Process For Federally Permitted Projects

    The U.S. EPA proposed a new rule under the Clean Water Act reversing the Trump Administration's rule for water quality certifications under section 401 of the Act. Section 401 provides states and tribes with authority to protect waters within their jurisdiction from pollutant discharges originating from federally-licensed or -permitted projects.
    United StatesEnergy and Natural Resources
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    What Redefining "Waters Of The United States" Under Clean Water Act, Again, Means For California

    On January 18, 2023, the US Environmental Protection Agency and the US Army Corps of Engineers finalized a new definition of "waters of the United States,"...
    United StatesEnergy and Natural Resources
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Enforcing NDAs In International Transactions

    Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation.
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    State Water Board Lacks Power To Curtail Pre-1914 Water Rights Under Water Code, § 1052(a)

    On September 12th, the Sixth District Court of Appeal held that Water Code section 1052(a) does not authorize the State Water Resources Control Board to curtail valid pre-1914 appropriative water right holders...
    United StatesEnergy and Natural Resources
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Medical Marijuana In Seniors Housing And Senior Care Communities

    In only a few short years, we have seen a dramatic transformation in the public's opinion toward medical marijuana. These days, medical marijuana is increasingly viewed as a legitimate...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Judicial Notice On Appeal (Part Two): Discretionary Subject Matter

    Appellate courts have broad power when it comes to judicial notice, and that power is comprised of two types of matters: mandatory and discretionary. In the first part of this two-part post,...
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    The NLRB General Counsel's Decision To Name McDonald's As A Joint Employer Threatens To Change The Franchise Model – And More

    The National Labor Relations Board Office of the General Counsel vowed to name franchisor McDonald's, USA, LLC as a joint employer respondent in complaints alleging unfair labor practices.
    United StatesEmployment and HR
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    U.S. Supreme Court Finds That Individual PAGA Claims Can Be Compelled To Arbitration

    On June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana ("Viking River Cruises"), holding that California employers can compel employees...
    United StatesEmployment and HR
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Managing Soil Vapor Intrusion Risks In Real Estate Transactions

    In 1989, after years of investigation and study, the U.S. EPA ("EPA") finally selected a remedy for the Middlefield-Ellis-Whisman ("MEW") area in Mountain View, California, one of the largest Superfund sites in the country.
    United StatesReal Estate and Construction
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    What is Willfulness? The Streamlined Disclosure Program And What We Know

    U.S. taxpayers with unreported foreign accounts or assets are in an increasingly precarious position.
    United StatesTax
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    The Importance Of 83(b) Elections For Qualified Small Business Stock

    Internal Revenue Code (IRC) Section 83(a) states that if property is transferred to a person in connection with the performance of services, the fair market value of the property less the amount...
    United StatesTax
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Appellate Oral Argument: The Ultimate Misnomer?

    Justice William Bedsworth's recent column, "Oral Argument: Better Than Oral Surgery," packs a lot of meanings into the title's last four words. (See The Recorder, 12/19/2022.)...
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    New California Assisted Suicide Law Gives Senior Care Providers Limited Protection

    On October 5, 2015, Governor Brown signed the controversial End of Life Option Act, making California the fourth state to enact legislation allowing terminally ill individuals to take life-ending drugs.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    How And When To Ask A Court To Overturn Intermediate Appellate Precedents

    As the court reflected, circuits have split over the federal implementation of the various states' Anti-SLAPP motions.
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    California's Pass-through Entity Tax Election – Providing Relief From The SALT Deduction Cap

    Prior to the Tax Cuts and Jobs Act of 2017 (TCJA), taxpayers who itemized could annually deduct state and local taxes (SALT) paid on their personal federal tax returns.
    United StatesTax
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    California Court Reaffirms That Litigation Threat Letters Should Be Treated As Claims Under The Government Claims Act

    On June 28, 2022, California's Fourth District Court of Appeal issued its decision in Simms v. Bear Valley Community Healthcare District (2022) __ Cal.Rptr.3d __, 2022 WL 2313164 (Simms)...
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Recommended Reading: Zerounian And Thiele, "An Introduction To The Trademark Moderization Act"

    I recommend this article by Raffi Zerounian and Justin Thiele of Hanson Bridgett, LLP, from The Trademark Laywer magazine (Issue 2 2021)...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Legal Community Launches Initiative To Defend Abortion Rights

    SAN FRANCISCO (June 1, 2022) – The Bar Association of San Francisco and San Francisco City Attorney David Chiu today announced the launch of the Legal Alliance for Reproductive Rights.
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    How Requests For Publication Of Appellate Opinions Can Help Shape Your Industry

    In the wake of the Coronavirus pandemic, countless policyholders made insurance claims with their carriers based on the closure or interruption of their businesses.
    United StatesLitigation, Mediation & Arbitration
    Hanson Bridgett LLP
    Hanson Bridgett LLP
  • Article

    Appellate Court Issues Groundbreaking COVID Insurance Coverage Opinion In Favor Of Policyholders

    In an opinion that is the first of its kind in the California appellate courts, the Second District Court of Appeal, Division 7, has ruled that certain COVID-19-related business losses may be covered by business-interruption insurance (BII) policy provisions.
    United StatesCoronavirus (COVID-19)
    Hanson Bridgett LLP
    Hanson Bridgett LLP

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