Today, the U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later clarified in Crown, Cork & Seal Co. v. Parker. The Court was called on…
Today, our colleagues Paula Weber and Erica Turcios Yader published their client Upending the Gig Economy? California Supreme Court’s new Dynamex test may throw a wrench into business models that rely on independent contractors. Takeaways include The California Supreme Court has imposed a new test for determining who is an independent…
Today, our colleagues Tom Morton and Emily Bias published their Client Alert titled Impacts of the Omnibus Spending Plan on the Affordable Housing Industry, Trump’s Omnibus Spending Plan adopts two key provisions from the proposed Affordable Housing Credit Improvement Act that will strengthen and expand low-income housing credit. Takeaways include 2018 spending…
On May 2, the U.S. Court of Appeals for the Ninth Circuit decided the case of Daniels Sharpsmart, Inc. v. Smith, Director of the California Department of Public Health. The Ninth Circuit affirmed the decision of the U.S. District Court for the Eastern District to issue a preliminary injunction enjoining state health…
On April 27, the U.S. Court of Appeals for the Ninth Circuit denied the request for an en banc rehearing in the case of Newton v. Parker Drilling Mgmt. Serv., Ltd. that was decided on February 5, 2018. In that decision, the Court of Appeals held that California’s wage and hour, and overtime…
Recent federal court rulings illustrate how the courts are serving as an umpire sometimes restraining the government and litigants. On April 11, the U.S. Court of Appeals for the Eighth Circuit issued a ruling, in Kuehl, et al., v. Sellner, et al., affirming the District Court’s decision which held that the defendants…
Accelerating air permitting decisions will be very helpful to almost everyone in business. An important Presidential environmental policy memorandum dated April 12, 2018 directing the Administrator of the Environmental Protection Agency (EPA) to take specific actions to ensure efficient and cost-effective implementation of the U.S. National Ambient Air Quality Standards (NAAQS,…
On April 9, 2018, the heads of twelve Federal agencies and departments entered into a Memorandum of Understanding (“MOU”) committing their respective agencies to implement certain concepts and directives from Executive Order (“EO”) 13807,[1] the Trump administration’s effort to streamline environmental review and approval of major infrastructure projects. The signatory…
On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the Newhall Land and Farming Company (Newhall), which is planning a large…
In recent years many industries, including, by way of example only, the solar industry, have rapidly adopted text messaging to, among other things, keep in touch with their customers, to alert customers to the availability of new goods and services, and to entice customers to upgrade their systems with a promotional offer or…