The California state legislature, local government entities, and state and federal courts are constantly changing the environment in which our clients operate on a daily basis and plan their future strategic direction. Staying abreast of new laws, regulations and other legal developments – and analyzing the impact on clients – is what makes our attorneys standout as go-to experts. We share breaking-news information through the timely distribution of Client Alerts, and we encourage you to sign up to receive these updates by completing the subscription information in the left column. Our most recent Client Alerts are provided below, alphabetized by area of law. Prior alerts are available in the annual archives in the left column or via the search function on our website.
Labor and Employment
- New COVID-19 Emergency Temporary Standard Takes Effect May 5: Employers Should Update their COVID-19 Prevention PlansMay 5, 2022An updated COVID-19 Emergency Temporary Standard (ETS) took effect on Thursday, May 5, 2022, and will remain in effect through the rest of 2022. You can find a redline version of the ETS here, and the final ... read more
- The California Employer’s Guide to New LawsJanuary 28, 2022As we have seen in just the past few weeks of the new year, laws are rapidly changing for employers. Following our Employment Law Update webinars provided to Private Sector and Non-Profit Employers, and read more
Land Use
- Ninth Circuit Vacates Injunction Delaying Caltrans Eviction of Homeless Persons Encamped Along Freeway Exit RampMay 3, 2022The recent Ninth Circuit holding in Where Do We Go Berkeley et. al v. California Department of Transportation (CALTRANS) (9th Circuit No. 21-16790, April 27, 2022), provides insight into how courts may adjudicate claims brought under the Americans with Disabilities Act (ADA) against public entities attempting to clear homeless encampments. In the case, the Ninth Circuit vacated an ... read more
First Amendment
- Ninth Circuit Offers Some Guidance On When An Elected Official’s Speech Can Form The Basis For A First Amendment Retaliation ClaimApril 26, 2022Part of an elected official’s job entails speaking out on hot button issues including responding to statements from other elected officials. While the courts have made clear that their doors are not open to settling political disagreements amongst elected officials, the Ninth Circuit has recently identified action taken in response to the disfavored speech of an elected official that may form ... read more
Environmental Law
- California Department of Fish and Wildlife Recommends No Listing of Western Joshua Tree Under California Endangered Species ActApril 25, 2022Fish and Game Commission Expected to Take Action on Recommendation in June The California Department of Fish and Wildlife (CDFW) delivered its long-awaited Status Review and Recommendation on the western Joshua tree to California Fish and Game Commission on April 21, 2022, recommending against listing the species as threatened under the California Endangered Species ... read more
Housing
- California Density Bonus Law – 2022 UpdateJanuary 21, 2022California’s Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. In ... read more
Trial and Litigation
- SCOTUS Stays OSHA’s Vaccine Requirement But Leaves In Place Federal Vaccine Requirement For Healthcare FacilitiesJanuary 14, 2022On January 13, 2022, the Supreme Court of the United States (“SCOTUS”) issued its decision staying the enforcement of OSHA’s rule requiring either vaccination or masking and testing for workplaces with over 100 employees (see the decision here). The Court found that the Petitioners, a ... read more
- Latest: U.S. Supreme Court Hears Arguments on OSHA COVID-19 Vaccination and Masking/Testing RequirementsJanuary 7, 2022On November 5, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) requiring vaccinations for companies with over 100 employees or in the alternative requiring masking and testing. The ETS was immediately challenged in circuit courts across the nation by a mix of Republican Governors, businesses and religious institutions and then consolidated in the Sixth Circuit after a multi-district ... read more