October 2014 -

Understanding Successor Liability


In acquiring some or all of the assets of another entity, companies must be careful to avoid being exposed to liability as a successor to the predecessor entity. Structuring the transaction as an asset purchase had been an effective method of protecting a buyer from a seller’s liabilities.
October 2014 -

Time for Another Residential Real Estate Boom as FNMA Relaxes Impact of Prior Foreclosure, Short Sale and Bankruptcy


Since 2007, maneuvering through the murky waters of government-backed mortgage-finance policies seemed to be nearly impossible for borrowers and real estate professionals alike. Whether you were seeking a short sale from your lender, or you were a borrower forced to endure the painful experience of foreclosure, the end result to your credit was the same.
September 2014 -

Cochran v. Schwan’s Home Services, Inc.: Employer Must Reimburse Reasonable Percentage of Employee’s Cell Phone Bill


On August 12, 2014, the California Court of Appeal issued a sweeping opinion in Cochran v. Schwan’s Home Services, Inc. (2014) 228 Cal.App.4th 1137. The Court discussed the issue of whether an employer must reimburse an employee for the reasonable expense of mandatory use of a personal cell phone for work purposes, or whether the reimbursement obligation is limited to situations in which the employee incurred an extra expense that he or she would not have otherwise incurred absent the job.
September 2014 -

The Letter of the Law: September 2014


IN THIS ISSUE: EMPLOYMENT LAW: California's Historic Adoption of Paid Sick Leave - AB 1522 - EMPLOYMENT LAW: The California Supreme Court Adds Another Hurdle For - Employees Seeking Class Certification - NEVADA LAW: Admissibility of Expert Testimony in Nevada
September 2014 -

California’s Historic Adoption of Paid Sick Leave – AB 1522


On September 10, 2014, Governor Brown signed AB 1522 otherwise known as the Healthy Workplaces, Healthy Families Act of 2014. Specifically, the Act amends Labor Code § 2810.5 to provide that an employee who, on or after July 1, 2015, works in California for 30-days or more within a year from the commencement of employment is entitled to paid sick days to be accrued at a rate of no less than one hour for every 30 hours worked.
September 2014 -

Admissibility of Expert Testimony in Nevada


Nevada’s rule on the admissibility of expert witness testimony is codified in Nevada Revised Statute 50.275, which states that a qualified expert witness may testify as to matters within that expert’s scope of knowledge, so long as such testimony will assist the trier of fact to understand the evidence or determine a fact in issue.
September 2014 -

The California Supreme Court Adds Another Hurdle For Employees Seeking Class Certification


On May 29, 2014, the California Supreme Court issued its highly anticipated decision in Duran v. U.S. Bank Nat’l Assoc., (2014) 59 Cal.4th 1, making clear that before a court can certify a class action, it should require the plaintiff to have a trial plan addressing manageability of the class claims.
August 2014 -

The Letter of The Law: August 2014


IN THIS ISSUE: EMPLOYMENT LAW: Breaking News: California Supreme Court Rules in Favor of Employers in Regards to Class Action Waivers, But Not in Regards to PAGA Claims - EMPLOYMENT LAW: Privacy Rights and the Public Records Act - EMPLOYMENT LAW: No Duty to Reasonably Accommodate Employees for Medical Marijuana Use - CONSTRUCTION LAW: Design Professional Liability - NEVADA LAW: Defending Against Requests for Taking Depositions of Apex Witnesses
July 2014 -

Breaking News: California Supreme Court Rules In Favor Of Employers in Regards to Class Action Waivers, But Not In Regards to PAGA Claims


On June 23, 2014, the California Supreme Court issued a long awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC (2014 WL 2808963). Long awaited is an understatement, as the underlying case was filed in 2006.
July 2014 -

Privacy Rights and the Public Records Act


Competing interests of transparency in government and elected officials and government employees’ right to privacy has stirred up a debate throughout California. A recent California appellate court ruled that government officials and employees’ private communications sent on personal devices and not stored on public servers are not subject to the California Public Records Act (CPRA).
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