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  1. California Environmental Law & Policy Update - October 2016 #3Read the original story w/Photo

    Monday Oct 24 | JD Supra

    Oct 18 A task force commissioned by the federal Pipeline and Hazardous Materials Safety Administration has issued a report recommending adoption of rules intended to ensure the safety of the nation's underground natural gas storage facilities. The report recommends that operators of gas-storage sites conduct strict risk assessments and develop robust safety procedures, including ensuring that storage wells have backup systems to contain gas flows in the event of a leak.


  2. Is a City Immune for Failing to Install Signals at a Crosswalk?Read the original story w/Photo

    Monday Oct 24 | JD Supra

    Woodland Hills personal injury attorney Barry P. Goldberg is seeing more and more serious pedestrian accidents at crosswalks. In fact, Mr. Goldberg recently posted articles on the most dangerous intersections for pedestrian accidents in Woodland Hills .


  3. California Supreme Court Leans in Favor of Treating Defense Bills as Privileged CommunicationsRead the original story w/Photo

    Tuesday Oct 11 | JD Supra

    On October 6, the California Supreme Court heard oral argument in Los Angeles Board of Supervisors v. Superior Court , a case that we have blogged about twice in the past because of its possible impact on policyholders.


  4. West Coast Real Estate Update: October 2016Read the original story w/Photo

    Monday Oct 10 | jdsupra.com

    Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer's petition that sought to overturn the City of Los Angeles' decision to halt a previously approved 15-unit housing project in Venice.


  5. Sustainable Development Update - August 2016 #4Read the original story w/Photo

    Aug 24, 2016 | JD Supra

    San Francisco Business Times - Jul 28 Kilroy Realty Corp. takes sustainability seriously. The Los Angeles-based real estate investment trust has developed the two most environmentally friendly office buildings in San Francisco.


  6. Sustainable Development Update - July 2016 #3Read the original story w/Photo

    Jul 21, 2016 | JD Supra

    Jul 14 A new building in Virginia Beach is raising the bar for sustainable architecture worldwide. The Chesapeake Bay Foundation's Brock Environmental Center, designed by SmithGroupJJR, just achieved the world's toughest green building standard, the Living Building Challenge, an accolade only awarded to 10 other such "ultra-sustainable" structures in the world.


  7. California Environmental Law & Policy Update - July 2016Read the original story w/Photo

    Jul 11, 2016 | JD Supra

    Jun 30 The South Coast Air Quality Management District's draft Air Quality Management Plan , released for public comment last week, outlines how regulators plan to curb the nation's worst smog to meet a series of federal deadlines over the next 15 years by giving priority to "nonregulatory" approaches, and relies on finding billions in incentive funds to encourage people and businesses to transition voluntarily to lower-polluting cars, trucks, and equipment. In addition to relying on $11 to $14 billion in incentive money, the draft AQMP calls for taking credit for "co-benefits," i.e., air quality improvements expected to result from climate change, transportation, and energy efficiency programs being carried out by other agencies.


  8. Beginning July 1, 2016, Employees Working in the City of Los Angeles...Read the original story w/Photo

    Jun 23, 2016 | JD Supra

    On June 2, 2016, Los Angeles Mayor Eric Garcetti signed into law Ordinance Nos. 184319 and 184320 , which create enhanced paid sick leave rights for employees working within the City of Los Angeles.


  9. Sustainable Development Update - June 2016 #4Read the original story w/Photo

    Jun 22, 2016 | jdsupra.com

    Jun 15 A new USGBC report highlights the collaborative efforts across the manufacturing sector to design and implement LEED and prioritize environmental stewardship. Currently, there are more than 1,755 LEED-certified industrial facilities worldwide totaling more than 496 million square feet and an additional 2,710 projects registered totaling nearly 737 million square feet.


  10. Appellate Court Rejects Defamation Lawsuit Targeting Statements Made In American HustleRead the original story w/Photo

    Jun 15, 2016 | jdsupra.com

    Plaintiff Paul Brodeur, a well-known author, filed suit in California state court against the producers and distributors of the motion picture American Hustle , asserting claims for defamation, slander, and false light. The case is Paul Brodeur v.


  11. West Coast Real Estate Update: May 2016 #3Read the original story w/Photo

    May 19, 2016 | JD Supra

    Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the Americans with Disabilities Act and other disability access laws. By creating a rebuttable presumption that certain technical violations do not cause a plaintiff to experience difficulty, discomfort or embarrassment if specified conditions are met, the defendant will be able to avoid liability for minimum statutory damages.


  12. California Court Rules Medicare Does Not Preempt Hospital Claims Against PayerRead the original story w/Photo

    May 15, 2016 | jdsupra.com

    On April 27, 2016, a California state court judge in a Complex Litigation department for the County of Los Angeles, ruled in favor of 13 of our hospital clients on an important matter involving substantive and financial rights: Whether hospitals must exhaust administrative remedies under Medicare law before they may seek reimbursement directly against Medicare Advantage plans in court. After concluding that express and implied preemption do not apply to hospital claims for emergency services against a non-contracted MA plan, Judge Jane Johnson ruled that the such hospital claims do not "arise under" the Medicare Act and therefore, the hospitals are not required to appeal each denial administratively before filing a lawsuit.


  13. A Good Deed Never Goes Unpunished When Applying California's...Read the original story w/Photo

    May 4, 2016 | JD Supra

    California courts continue to strictly enforce the State's meal and rest break laws. A recent case highlights the importance of adopting statutorily appropriate employee rest break procedures.


  14. West Coast Real Estate Update: May 2016Read the original story w/Photo

    May 4, 2016 | JD Supra

    Before providing a non-recourse loan to a Limited Liability Company i.e., one for which the LLC members do not bear the risk of economic loss a lender often will require the LLC's managing member to provide a "bad boy" guaranty promising to pay the debt upon the occurrence of certain events, such as a bankruptcy. Prior to February 2016, loans containing bad boy carve-outs were customarily treated as nonrecourse obligations for purposes of calculating the guaranteeing member's liabilities and determining its tax basis under Internal Revenue Code sections 752 and 465, respectively.


  15. Homeowners Cannot Recover for Blocked Views of Hollywood SignRead the original story w/Photo

    Apr 29, 2016 | JD Supra

    One of the most valuable assets many homeowners enjoy is their property's view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v.


  16. California FEHA Forecast: Evidence of Pretext Required in Anti-SLAPP Case Against TV StationsRead the original story w/Photo

    Apr 21, 2016 | JD Supra

    On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two local CBS television stations, KCAL and KCBS, had "repeatedly shunned [him] for numerous on-air broadcasting positions .


  17. California's Prompt Payment Laws: Just Because an Owner Has...Read the original story w/Photo

    Apr 18, 2016 | JD Supra

    We've written before about California's prompt payment laws which are designed to help contractors get paid in a timely and orderly fashion, which is always nice, right? California's prompt payment laws require that project owners pay their direct contractors, who are in turn required to pay their subcontractors who are in turn required to pay their sub-subcontractors and so on within certain statutorily set deadlines, or be subject to prompt payment penalties nearly as high as the interest you pay on your credit cards.


  18. Members of Congress Seek NIH Hearing on Use of March-in RightsRead the original story w/Photo

    Apr 12, 2016 | JD Supra

    On March 28, 2016, a dozen members of Congress sent a letter to Sylvia Mathews Burwell, the Secretary of the Department of Health and Human Services, and Dr. Francis Collins, the Director of the National Institutes of Health , to "strongly encourage the NIH to use its [march-in] authority to hold a public hearing on the request put forth by certain public interest groups to help establish whether or not [the statutory] criteria [for the use of the NIH's march-in rights] are met in the case of Xtandi ." Enzalutamide is a synthetic, non-steroidal pure antiandrogen that was developed by the pharmaceutical company Medivation for the treatment of metastatic castration-resistant prostate cancer.


  19. Broadway's 'Hamilton' Teaches Lessons To EmployersRead the original story w/Photo

    Apr 11, 2016 | JD Supra

    A recent controversy over the hit Broadway show "Hamilton" can teach employers a valuable lesson about hiring and making other employment decisions. The producers of the show were accused of discriminatory hiring practices when a casting call sought "nonwhite" performers to appear for auditions.


  20. The Quiet War Between California's Charter Cities and the State's Prevailing Wage LawRead the original story w/Photo

    Apr 11, 2016 | jdsupra.com

    A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state and local public works projects, on the other. Beginning in 1929 and continuing through the late 1930s, the Great Depression is widely considered to be the longest, most widespread depression of the 20th century.


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