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Published Articles

2018

Environmental Law

  • A Checklist of Reporting Obligations for Hazardous Material SpillsOctober 25, 2018Almost every industrial facility has hazardous material on site. Small spills or emissions of that material can trigger immediate reporting obligations. Companies that do business in multiple states face the dual challenge of understanding federal release reporting laws and state laws that could impose additional requirements. Meyers Nave Of Counsel read more
  • Proposition 65: Signs of Common Sense for Business DefendantsAugust 8, 2018California’s Proposition 65, although well-intentioned and in many instances providing consumers necessary information with regard to products they consume or use, has also been used by plaintiffs and their counsel to reap huge financial benefits rather than to benefit the public. Recent court rulings and regulatory agency actions are bringing some common sense into the fold. read more
  • Proposition 65 After 40 Years: Public Benefit or Enrichment for a Few?January 11, 2018The California Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65, has become a staple of California’s legal, and consumer products, landscape for over 4o years. Although the law in some instances has helped reduce the amount of certain chemicals, such as lead, in some consumer products, it has also generated a cottage industry of citizen plaintiffs and ... read more

First Amendment

  • New Safe Sidewalk Vending Act: What Does it Mean for Cities and Counties?October 23, 2018Whether, where, and under what terms to allow sidewalk vending has historically been a question left to each unique city and county to address after weighing the often competing interests of various local stakeholders. All that changed on September 17, 2018, when Governor Brown signed SB 946, the Safe Sidewalk Vending Act, into law. Effective January 1, 2019, sidewalk vending will be elevated to ... read more
  • Social Media & Government: What Are the New Rules of Engagement?October 8, 2018Government entities and elected officials are becoming more accessible and connected to constituents through the ubiquitous use of social media, email, text messaging and other communication technologies. The 21st century question is what may government entities and elected officials do and not do to regulate the public’s participation in their social media accounts? Once social media accounts ... read more

Economic Development, Real Estate and Housing

  • Prop 10 Could Expand Local Rent Control in CaliforniaSeptember 27, 2018When they cast their ballots on Proposition 10 in November, California voters could open the door to a dramatic expansion of rent control across the state.  The current state law governing local rent control, known as the Costa-Hawkins Act, allows local governments to adopt only a narrow range of rent control measures. The three primary restrictions that cities and counties must follow are: (1) ... read more
  • A Summary Guide for California’s New Affordable Housing LawsFebruary 12, 2018A package of fifteen bills designed to help communities combat California’s affordable housing crisis became law in 2018. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary ... read more

Municipal and Special District Law

Workplace Investigations

  • Top 5 #MeToo Lessons for EmployersJuly 18, 2018The #MeToo movement created a seismic cultural shift in society’s awareness of the widespread presence of sexual harassment and assault in business, media, Hollywood, and government. In the still unfolding aftermath, all employers must adapt to five primary lessons learned that relate to effective harassment prevention policies, credible workplace investigations, and updated training programs. ... read more

Labor and Employment

Commercial Litigation

California Public Records Act

  • California Public Records Act: Who Pays Attorney Fees and When in ‘Reverse’ Actions?May 14, 2018A California Court of Appeal recently decided an important case that involved complicated issues relating to which party in a “reverse CPRA”* lawsuit pays attorneys’ fees. In Pasadena Police Officers Association v. City of Pasadena, (2018 DJDAR 3242, April 16, 2018), the court found that a party which prevailed against a public agency’s partial redaction of a document and against ... read more