Planting the Seed: Future Effects From the First Circuit and Sun Capital Partners

In July 2013, the First Circuit Court of Appeals found that a private equity fund constituted a “trade or business” under the Employee Retirement Income Security Act of 1974 (ERISA) in Sun Capital Partners III, LP, et al. v. New…

CALIFORNIA'S BAG BAN: STICKING IT TO BIG PLASTIC

Whether it’s the times I competed with myself to see how many grocery bags I could carry in on each arm when helping unload the car after a supermarket trip, or the times that many of those same grocery bags…

RETURN OF A NFL FRANCHISE TO LOS ANGELES: A BOOST OR BURDEN TO CALIFORNIA’S ECONOMY?

In September 2012, the Los Angeles City Council approved a proposal by Anschutz Entertainment Group (AEG) to build a privately-funded, $1.2 billion-dollar, 76,000-seat football stadium—to be called “Farmers Field”—adjacent to Los Angeles’ Convention Center.[1] However, the two-year proposal agreement was…

DOES CALIFORNIA AB 1897 REALLY PROTECT TEMPORARY WORKERS, OR JUST CAUSE MORE PROBLEMS FOR BUSINESSES AND LABOR CONTRACTORS?

Governor Jerry Brown just signed a bill in September 2014 that could potentially impose a serious risk of liability on companies that use workers supplied by labor contractors, including temporary and other employment staffing agencies. Effective January 1, 2015, Assembly…

LIMITED ACCESS TO THE CALIFORNIA COURTS HINDERS CALIFORNIA BUSINESS

  Since the recession in 2008, the California judicial branch has experienced several budget cuts, which negatively impacts court services and hinders California business. Limited access to the California justice system prevents businesses from utilizing the legal system, reduces certainty…

AIR QUALITY REGULATIONS: HELPING OR HINDERING CALIFORNIA?

On December 12, 2008, the California Air Resources Board (ARB) approved Title 13 California Code of Regulations section 2025 to reduce emissions produced by heavy-duty diesel-fueled vehicles.[1] Generally, diesel trucks emit high amounts of emissions, particularly since most of these…

WHILE BUSINESSES ABANDON CALIFORNIA, WILL AN NFL TEAM SOON RELOCATE TO LOS ANGELES?

In the midst of high-profile companies like Toyota and Tesla fleeing California to set up operations and manufacturing plants in the more business-friendly states of Texas and Nevada, one rumor seems to contradict all the rest: a professional football team…

MILEAGE TAX MAY TAKE A TOLL ON CALIFORNIA’S DRIVERS (AND THEIR WALLETS)

California Senate Bill No. 1077, authored by Sen. Mark DeSaulnier, D-Concord, which provides for the formation of a pilot program to study “road usage charge” alternatives to the state gasoline tax, was enacted into law in late September 2014.[1] Effectively,…

RIDE-SHARING SERVICES UNDER CALIFORNIA LAW

Most of us have heard of, and many of us have probably used, at least one of the popular new ride-sharing services such as Uber or Lyft. The services are quick, easy ways to get a ride without having to…

YELPING CALIFORNIA

Governor Jerry Brown recently passed the “Yelp” bill which will prohibit the use of “non-disparagement” clauses in consumer contracts.   The new law, the first of its kind in the United States, is aimed at preventing businesses from disallowing customers from…

IMPROVING EMPLOYER ACCOUNTABILITY

On September 28, 2014, California Governor Jerry Brown officially signed into law a slew of legislation passed by the California legislature. Among the bills signed by Governor Brown was a particularly important bill improving employer accountability in the implementation of…