• 09.27.17

    When Is It Not a Constitutional Taking Case?

    The normal focus of this column is to examine what it takes to properly allege a constitutional property violation, a taking of property within the meaning of the Fifth Amendment to the United States Constitution or Article I, section 19 of the California Constitution.

  • 09.27.17

    Spoofed Robocalls Yield Another Multimillion-Dollar Fine From FCC

    By Christine M. Reilly, Chair, TCPA Compliance and Class Action Defense | Diana L. Eisner, Associate, LitigationCiting more than 21 million illegal calls, the Federal Communications Commission proposed an $82 million fine against Best Insurance Contracts, Inc., and owner Philip Roesel.The agency ...

  • 09.27.17

    Surprising Results for U.S. Chamber Statistics on TCPA Cases

    By Christine M. Reilly, Chair, TCPA Compliance and Class Action DefenseDuring a 17-month period after the Federal Communication Commission’s July 2015 order, the U.S. Chamber Institute for Legal Reform compiled a database of 3,121 Telephone Consumer Protection Act cases filed ...

  • 09.26.17

    Who Is Responsible for Hazardous Material Cleanup?

    The U.S. Environmental Protection Agency has determined that 13 Superfund sites were flooded and possibly damaged as a result of Hurricane Harvey. Refineries and chemical plants were reported to have been impacted by flooding, and it is not yet known how many smaller facilities that managed ...

  • 09.24.17

    Are the Politics of Climate Change Finally Reaching a Turning Point?

    When Hurricane Harvey swept through South Texas last month, it inundated Houston and the surrounding coastline, displaced thousands, flattened homes and killed scores of residents. President Donald Trump tweeted about the “HISTORIC rainfall in Houston” and the ...

  • 09.21.17

    Court Finds Wellness Regs Too Sick to Stand

    Why it mattersSiding with the American Association of Retired Persons (AARP), a D.C. federal court judge found the Equal Employment Opportunity Commission’s (EEOC) wellness rules with regard to the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) ...

  • 09.18.17

    Documentary Transfer Tax Triggered by CA Entity Sales

    The entity sale has long been a popular vehicle to indirectly transfer real property in California. However, the California Supreme Court recently changed the economics of such a transfer, deciding that such transfers can be subject to a county-imposed tax known as a “documentary transfer ...

  • 08.31.17

    Second Circuit: Termination Reversal Can Provide Basis for Suit

    Why it mattersCan an employee pursue a Title VII and Family Medical Leave Act (FMLA) action where an allegedly discriminatory employment decision was reversed? Yes, the U.S. Court of Appeals, Second Circuit has decided. Alana Shultz had worked for an employer for approximately 11 years when she ...

  • 08.31.17

    Ninth Circuit Affirms Fine Based on I-9 Failures

    Why it mattersIn a cautionary tale for employers, the U.S. Court of Appeals, Ninth Circuit affirmed a fine based on failures related to the proper completion of I-9 paperwork. Sheet metal fabrication company DLS Precision Fab experienced a growth spurt and hired a new human resources director to ...

  • 08.30.17

    Takings Occur Administratively and Legislatively

    It is a shame when courts have the opportunity to shed light on a confusing body of law and, instead, only add to the confusion.