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Newsletter
07/01/10 - Newsletter
Borrower Rights During the Foreclosure Process
06/01/10 - Newsletter
Short Sales and Deficiency Judgments - SB 800, Fact or Fiction? - A Brief Overview of Premises Liability Law in Nevada
05/01/10 - NewsletterReal Estate Recovery Fund - CA Mechanic's Lien Law Amendments - Court of Appeal Case: Warning for Additional Insureds about Self-Insured Retentions - Cal-OSHA RegulationsCan Form the Basis of Tort Claims - CA Incorporates "Green" Standards Into Building Code
04/01/10 - Newsletter
Indemnity Obligations - RMO and RME Failures & The Loss of a License for Litigation - Mechanic's Liens in Nevada.
03/01/10 - NewsletterGood Business Practices for Manufacturers - Standard Sales Terms and Conditions.
Employment
4/02/09 - FMLA
On November 17, 2008, the U.S. Department of Labor's Wage and Hour Division issued the final regulations of the federal Family Medical Leave Act (FMLA) which went into effect on January 16, 2009. The new regulations clarify and make numerous changes to the original regulations founded in 1995 and add 2 new regulations that give families of military service members new rights to unpaid leave.
4/2/09 - E-VerifyAre You Required to Check Future Employee's Social Security Numbers with E-Verify? The short answer is "No," however, more and more employers, particularly in the construction industry, are using the federal program E-Verify to confirm that their new hires have valid social security numbers thus are entitled to work in the U.S.
12/01/07 - Moakler v. County of Orange
On November 26, 2007, the Fourth District Court of Appeals reversed in part the trial court's ruling in regards to what constitutes a "pattern of continuous, and pervasive harassment." The ruling is favorable to California employers and provides guidance in determining if harassment is sufficient pervasive so as to alter the conditions of employment, creating a hostile work environment.
10/26/07 - State Supreme Court Interprets FEHA to Parallel the ADA
Under a recent California State Supreme Court decision, the state Fair Employment and Housing Act now requires an individual alleging disability discrimination to establish that they are able to perform their job's essential duties before they can prevail in a lawsuit for discrimination. This case parallels California law to the Federal American's with Disabilities Act.
10/02/07 - Judge Extends Temporary Restraining Order
09/06/07 - Judge Temporarily Halts Implementation of Final Rule by DHS
(Department of Homeland Security) Regarding No Match Letters
08/20/07 - Immigration Law Update
DHS Issues Final Safe Harbor Rules
05/24/07 - Thompson v. Trendwest Resorts, Inc.
A California Appeals Court recently held that an employer was not entitled to summary adjudication in a strict liability action for plaintiff former-employee's sexual harassment where triable issues of material fact existed.
05/24/07 - Davis v. O'Melveny & Thompson
California Appeals Court recently reversed a District Court's dismissal of an employee's action against her former employer, holding that the defendant's Dispute Resolution Provision for its employees was unconscionable and unenforceable in California.
04/06/07 - Murphy V. Kenneth Cole Productions
In the most important Employment Law case of the year, the California Supreme Court recently held that the "additional hour of pay" for employees missing meal and break periods is a wage and not a penalty, thus falling under the three-year statute of limitations instead of the one-year statute of limitations (not current law).
02/26/07 - Hernandez V. Hillsides
A California Court of Appeals recently reversed a trial court summary judgment granted for an employer who placed surveillance video camera in an office two employees shared. The Court of Appeal held that employees had expectation of privacy in office.
02/07/07 - Jeld-Wen Inc., v. S.D.S.C. (Marlborough Dev. Corp)
A California Court of Appeals recently held that a trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation. Below is a summary of the case, which highlights the importance of counsel in complex litigation to avoid unnecessary costs.
08/14/06 - Smith v. Superior Court of Los Angeles County Releasing an Employee Upon Completion of a Particular Time Duration for Which the Employee Was Hired Requires Payment of Wages Under the California Labor Code.
06/28/06 - The Summer Heat is Here and Employers must do their part to Prevent Heat Illness
06/05/06 - The EEOC Revises its Compliance Manual Regarding Race and Color Discrimination
2/23/06 - Human Resources: Basics For Your Small Business
11/21/05 - New Equal Employment Opportunity Commission Fact Sheet Addresses Cancer In The Workplace
3/01/05 - CAL-OSHA Regulations Now Admissible In Third Party Personal Injury Lawsuits
Construction
6/25/10 - Nevada Construction Law Update
A Closer Look at Senate Bill 349: Proposed Amendments to NRS Chapter 40
10/05/09 - When Can a Plaintiff Recover Future Replacement Cost Damages in a Breach of Warranty Case?
10/18/07 - Nevada Construction Defect Case Law Update
The Nevada Supreme Court recently issued two opinions arising out of construction defect litigation. The first, Westpark Owners' Association v. Eighth Judicial District Court, dealt with rights under NRS 40.600, et seq. involving apartments that had been converted to condominiums. The second, D.R. Horton v. Eighth Judicial District Court, attempted to strike a balance between a contractors' right to reasonable detail in the Chapter 40 Notice and the Association's right to utilize extrapolation testing in the pre-litigation process.
07/19/07 - LoDuca v. Polyzos
Court of Appeals Rules Homeowners may Recover Attorney Fees from Subcontractors under Third Party Beneficiary Theory
04/19/07 - Wright v. Issak
A California Appeals Court recently held that an unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work.
02/07/07 - Jeld-Wen Inc., v. S.D.S.C. (Marlborough Dev. Corp)
A California Court of Appeals recently held that a trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation. Below is a summary of the case, which highlights the importance of counsel in complex litigation to avoid unnecessary costs.
11/07/06 - New Requirements on All Contractors with Active Licenses
New Requirement to Take Effect January 1, 2007 Which Creates New Requirements for Insurers who Issue Workers Compensation Insurance to Roofing Contractors with Active Licenses.
11/07/06 - New Construction Law Update- New Requirements on All Contractors with Active Licenses1
03/07/06 - Kirk Crawford V. Weather Shield Manufacturing, Inc.
7/21/05 - Maintaining valid California contractors licenses at all times
2/10/05 - Admissibility of Expert Testimony-Lockheed Litigation Cases
Real Estate
4/20/10 - Real Estate Recovery Fund: Another Source for Recovery
Immigration
10/02/07 - Judge Extends Temporary Restraining Order
09/06/07 - Judge Temporarily Halts Implementation of Final Rule by DHS
(Department of Homeland Security) Regarding No Match Letters
08/20/07 - Immigration Law Update
DHS Issues Final Safe Harbor Rules
Warranty/Products Liability
02/05/07 - Bostick v. Flex Equipment Co.
A California Court of Appeals recently affirmed that in a strict products liability case covering a single defective product, Prop. 51 is inapplicable where defendants are part of the same chain of distribution
Insurance
02/05/07 - ACS Systems, Inc., v. St. Paul Fire and Marine Insurance
A California Court of Appeals recently affirmed that a general liability insurer is not required to defend an insured charged with invasion of privacy for sending unsolicited fax advertisements
06/30/06 - SafeCo Insurance Co. of America v. Superior Court
The Burden of Proof in Equitable Contribution Actions
Transportation
Personal Injury
3/1/05 - CAL-OSHA Regulations Now Admissible In Third Party Personal Injury Lawsuits
2/10/05 - Admissibility of Expert Testimony-Lockheed Litigation Cases
