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Buchalter | September 2020

By: Joshua M. Robbins, Michael C. Flynn, and Robert S. Gillison The past decade has taught lenders much about regulatory enforcement risk.  In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies aggressively stepped up investigations of lenders seen as complicit in the misconduct of borrowers and others ...

Buchalter | July 2020

  Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the disease. California, after having permitted much of the state to reopen businesses, has seen a recent spike in COVID-19 cases and on July 13th implemented a new statewide order to curb the increase, reimposing certain business closures ...

Buchalter | March 2021

  In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York rejected an attempt by The Gap, Inc. (“Gap”) to excuse payment of such obligations due to the pandemic and related government restrictions ...

Buchalter | May 2020

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is that the workers’ compensation system provides the exclusive remedy for work-related injuries and illnesses, claimants and their attorneys are eyeing exceptions to the workers’ compensation system in order to maximize their potential recovery ...

Wardynski & Partners | July 2022

  27.06.2022 In the newest episode of News from Poland—Business & Law, Jakub Barański from Wardyński & Partners’ Dispute Resolution & Arbitration practice discusses arbitration as a solution to the rising number of IT-related disputes. Konrad GrotowskiNote, the link will open in a new window, host of the programme, talks about the situation in Poland for retail, real estate development, and transit of goods from Ukraine ...

Hanson Bridgett LLP | August 2021

Yesterday, the California Supreme Court issued an important ruling in a case that had the potential to profoundly affect how public entities budget and pay for publicly funded projects in California, Busker v. Wabtec Corp. (Cal., Aug. 16, 2021,No. S251135) __ Cal.5th __, 2021 WL 3612126 ...

Carey Olsen | December 2022

This is a question that arises with some regularity in trust administration, and one to which the English Court has offered a very welcome answer in the recent case of Sarah Butler-Sloss & Others v Charity Commission [2022] EWHC 974. This case has potentially wide-ranging implications and in this article we will focus on those relevant to trustees of Guernsey-law trusts ...

Carey Olsen | August 2022

The decision will be relevant for parties seeking to bring claims in the BVI courts where there are competing jurisdictions and systems of law at play. Funders and ATE insurers will also find the decision of interest where they are considering the merits of funding cross-border claims involving BVI defendants. A copy of the judgment is available here.  Background WWRT had commenced proceedings in the BVI against Carosan, a BVI company, and BK, a Ukrainian businessman ...

Shoosmiths LLP | July 2024

The much-anticipated Court of Appeal judgment in C.G.Fry & Son Ltd v SSLUHC [2024] EWCA Civ 730 was handed down on Friday 28 June 2024. It dismissed the appeal on all three grounds. The case was centred on the widespread issue of developments being required to demonstrate that they are ‘nutrient neutral’, so as not to add nutrient load on designated habitats ...

Hanson Bridgett LLP | June 2021

Key Points Starting July 31, 2021, all employees who are not fully vaccinated shall be provided respirators for voluntary use. Exclusion pay is required even if an employee is not able to work. Employers should amend their COVID-19 Prevention Plans.     Introduction On June 3, 2021, the Cal/OSHA Standards Board (Board) passed changes to the COVID-19 Emergency Temporary Standards (ETS). Initially, the Board voted 4-3 against the proposed ETS ...

Hanson Bridgett LLP | July 2020

In a landmark victory for Federally-qualified health centers, a California Court of Appeal confirmed last October that federal and state law requires the State of California to pay FQHCs “100 percent” of their costs of furnishing core and other ambulatory services to Medi-Cal beneficiaries. (Tulare Pediatric Health Care Center v. State Department of Health Care Services (2nd Dist. 2019) 41 Cal.App.5th 163 ...

Hanson Bridgett LLP | July 2019

Last month, a California appellate court reversed the trial court and ruled that a subcontractor's insurer had a duty to defend an additional-insured general contractor in underlying construction-defect litigation. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company (2019) 35 Cal.App.5th 1042, a general contractor was an additional insured under a commercial general liability policy issued to its roofing subcontractor ...

Hanson Bridgett LLP | July 2021

Key Points In Martin v. California Coastal Commission, the Court of Appeal issued a rare opinion discussing local policies that are designed to manage and mitigate coastal bluff erosion. The court upheld a permit condition that required a new home to be set back 79 feet from the edge of a coastal bluff. The court reaffirmed that the policy at issue requires new development to be reasonably safe from failure and erosion over the entirety of the development’s lifetime ...

Hanson Bridgett LLP | February 2019

Employers in industries with fluctuating daily labor needs, such as retail services, often require employees to call in ahead of a scheduled shift to find out whether they are needed to work. According to a recently-published California Court of Appeal decision, employees who are required to use such a call-in procedure may be entitled to "reporting time pay" if they are told not to come to work that day—even if the employees do not physically report to work ...

Hanson Bridgett LLP | January 2021

Article PDFJust when businesses thought they had figured out their Proposition 65 compliance strategies, the State of California, through the Office of Environmental Health Hazard Assessment (OEHHA), has proposed a substantial change that will drastically limit the use of the short-form safe harbor warning first authorized in 2018 ...

Buchalter | May 2020

At its Voting Meeting today the Commission adopted a new standard offer contract available to any Qualifying Facility (QF) of 20 megawatts or less seeking to sell electricity to a Commission-jurisdictional utility pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, Commission-jurisdictional utilities must provide QFs the option of executing any existing PURPA contract for which they qualify ...

Buchalter | September 2020

On August 3, 2020, the California Supreme Court issued its highly anticipated decision in Ixchel Pharma, LLC v. Biogen, Inc., clarifying the bounds of legitimate competition under California tort and antitrust law.  The Court’s ruling generally came down in favor of encouraging competition, reducing claims for tortious interference with contract, and decreasing the risk of litigation arising from normal competitive activity ...

Hanson Bridgett LLP | December 2016

On December 22, 2016, in Augustus v. ABM Security Services, Inc., Case No. S224853, the California Supreme Court issued a split decision on rest periods. In a decision in which four justices concurred, and two concurred and dissented, in part, the Court held that employers “must relieve their employees of all duties and relinquish any control over how employees spend their break time ...

Hanson Bridgett LLP | August 2019

In Union of Medical Marijuana Patients v. City of San Diego, the California Supreme Court unanimously held that the City of San Diego failed to analyze the potential environmental impacts of its medical marijuana dispensary law. While the main issue in this case was the definition of a project under the California Environmental Quality Act (CEQA), the ruling has important ramifications for the legal cannabis market as a whole ...

Hanson Bridgett LLP | March 2021

California employers should assess their meal period policies and practices in light of the California Supreme Court's February 25, 2021, decision in Donohue v. AMN Services, LLC (Donohue). This ruling: (1) prohibits California employers from rounding time punches for meal periods and (2) holds that time records showing non-compliant meal periods will raise a rebuttable presumption of liability for meal period violations ...

Hanson Bridgett LLP | July 2018

Yesterday, the California Supreme Court issued an important decision for employers that rejects the application of the federal de minimis defense to unpaid wage claims arising under California law. In Troester v. Starbucks, Case No. S234969 (July 26, 2018), the Supreme Court held that California law prohibits requiring employees to "routinely work for minutes off the clock without compensation ...

Hanson Bridgett LLP | March 2019

On March 4, 2019, the California Supreme Court ruled in Cal Fire Local 2881 et. al. v. California Public Employees' Retirement System that public retirement system members do not have a vested right to purchase "airtime" – nonqualified service credit unrelated to public service ...

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