Recent News

REAL ESTATE UPDATE

BIASED DECISION-MAKER – YOUR OPPONENTS MAY BE DISQUALIFIED FROM VOTING AGAINST YOUR PROJECT During my 35 years of land use representation, I have many times witnessed my clients endure grandstanding by planning commissioners, city council members and supervisors, who were clearly biased against development proposals before a fair hearing.  Sometimes this type of opposition is… Read More »

LITIGATION UPDATES – MARCH 2015

“No Sugar Added” – Just Fruit Juice A California federal court has granted a partial motion to dismiss a putative class action alleging that Ocean Spray Cranberries, Inc. (“Ocean Spray”) mislabels its juice as “No Sugar Added,” despite the fact that the company adds fruit juice to its product from concentrate.  In Major v. Ocean… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – MARCH 2015

Work Restrictions Necessitate Job Restructure?  NOT! In Nealy v. City of Santa Monica, the plaintiff, Tony Nealy, was a solid waste equipment operator who had sustained injuries to his knee and back.  Nealy underwent multiple surgeries that necessitated several leaves of absence.  Nealy’s physician subsequently authorized him to return to work subject to work restrictions… Read More »

REAL ESTATE UPDATE – SUPREME COURT LIMITS CEQA CHALLENGES

An “Unusual Circumstance” California Supreme Court Decision Limits CEQA Challenges It took the California Supreme Court 46 pages to clarify the availability of California Environmental Quality Act (“CEQA”) exemptions.  The long-awaited decision in the Berkeley Hillside Preservation, et al. v. City of Berkeley case addressed a couple of crucial issues faced by developers of in-fill… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – FEBRUARY 2015

  On-Call During Rest Breaks In Augustus v. ABM Security Services, Inc., plaintiffs were security guards whose employer provided them with regular rest breaks, but required that the security guards remain on-call during these breaks.  According to the security guards, their employer’s requirement that they remain on-call during rest breaks rendered the rest breaks invalid… Read More »

LITIGATION UPDATES – FEBRUARY 2015

Revenge Porn Extortionist Convicted A California state jury convicted the owner of “revenge porn” website YouGotPosted.com, where jilted lovers submitted nude photos of their exes for public humiliation, of identity theft and extortion.  The owner’s conviction is the first to come after Gov. Jerry Brown in October 2013 signed a bill outlawing the posting of… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – JANUARY 2015

Recent Changes to Minimum Wage Laws On July 1, 2014, the California minimum wage was increased to $9.00 per hour.  Next year, on January 1, 2016, the California minimum wage will again be increased to $10.00 per hour.  Employers should be aware of changes to California’s minimum wage laws because, in order to classify employees… Read More »

LITIGATION UPDATES – JANUARY 2015

Expanding Whistleblower Protection Under The Sarbanes-Oxley Act With the Sarbanes-Oxley Act of 2002, Congress sought to protect employee whistleblowers.  The scope of this protection, however, was unclear.  Did it apply only to employees of publicly-traded companies, or also to employees of the contractors and subcontractors with whom those companies work?  The Supreme Court resolved this… Read More »

LITIGATION UPDATES – DECEMBER 2014

LinkedIn Statuses and Non-Solicitation Agreements A Connecticut company brought suit against a former employee alleging violations of a non-compete agreement.  The non-compete agreement lacked a provision about sharing on social media, which allowed the former employee to use LinkedIn to announce to all of his connections, including the company’s clients, that he was joining a… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – DECEMBER 2014

Employee Was Not Within Course and Scope of Employment While Driving Home from Work In Lobo v. Tamco, Daniel Lobo was killed by Luis Del Rosario while Del Rosario was leaving the premises of his employer, defendant Tamco, to go home for the day.  Del Rosario was driving his personal vehicle at the time of… Read More »