News
General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
While it has been more than twenty years since the California Supreme Court determined, in Wm. R. Clarke Corp. v. Safeco Ins. Co., that “pay-if-paid” provisions in subcontracts were unenforceable, following a recent decision from the Court of Appeal, Fourth Appellate...
Is Your Business Aware of Data Breach Threats and Cyber Insurance Limitations?
It is everywhere in the news: “Dramatic Increase in Cyber Attacks”;[1] “Data Breach Impacting Thousands of Emergency Business Loan Applicants”;[2] “New Malware Using Covid-19 Themed Lures in Phishing Attacks”.[3] Businesses and individuals have never been at more...
California Supreme Court Broadens Insurance Coverage for Continuous Injury Cases
In a groundbreaking decision, the California Supreme Court ruled in favor of policyholders and against insurance companies in a decades-long dispute over coverage for pollution cleanup. In Montrose Chemical Corp. v. Superior Court (“Montrose III”), (April 6, 2020)...
Business Interruption Claims Resulting from COVID-19 Closures
In order to slow the spread of the COVID-19 pandemic, state, county and city governments have issued various orders requiring the closing of “nonessential” businesses. These closures have had a substantive, negative effect upon businesses throughout the country. ...
Help for Medical Providers Under the CARES Act
The CARES Act, which was signed into law on March 27, 2020, provides a number of expanded sources of funding and some relaxed rules to help medical providers operate during the ongoing public health emergency. The details of implementation of many of these provisions...
The CARES Act – Business Considerations
The Coronavirus Aid, Relief, and Economic Security Act “CARES Act” – Summarized for Businesses We are pleased to report that the long anticipated “CARES Act” has been approved by Congress and signed into law by President Trump. Immediately below are some of the...
The COVID-19 Pandemic’s Effect Upon Foreclosures and Evictions
As the personal and financial toll of the COVID-19 pandemic spreads, federal, state and city governments are cracking down on their citizens’ movements and have ordered residents into semi-isolation. Whether referred to as “shelter-in-place” or “stay-at-home” orders,...
Co-Parenting in the Midst of COVID-19
With the global spread of the COVID-19 virus, people are having to rapidly adapt to major societal and structural changes in their daily lives. As schools, businesses, government facilities, and so many other things close, families are faced with new issues of...
Families First Coronavirus Response Act (2020)
Congress has just passed the first bill responding to the Coronavirus pandemic – The Families First Coronavirus Response Act (2020). Highlights from the Act include the following: COVID-19 Testing Reimbursements Beneficiaries of the Defense Department’s Defense...
California Labor Code Considerations In A Virtual Office Era
With the COVID-19 pandemic triggering wide-spread restraint on business operations, best practices for all California companies requires particular consideration of how the California Labor Code’s wage, hour, and expense reimbursement requirements still apply to...
Force Majeure Clauses & COVID-19
With the COVID-19 eliciting travel bans, national event postponements, and widespread social distancing, understanding how unforeseen circumstances can affect contract enforcement is critical for businesses during extreme situations, including the COVID-19 pandemic....
Gene Editing & CRISPR Technologies – The Emerging Legal Questions
The therapeutic, ethical and legal implications of gene editing and CRISPR technologies are both profound and complex. However, before we delve into the potential panacea of gene editing technologies, a basic framework and understanding of how it all works is...