Best Best & Krieger News Feedhttp://bbklaw.wiseadmin.biz/?t=39&format=xml&directive=0&stylesheet=rss&records=20&LPA=484Best Best and Krieger is a Full Service Law Firmen-us06 May 2024 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rss[VIDEO] Free BB&K Webinar Series: Prop. 64 - Legalized Marijuana: Challenges and Choiceshttp://bbklaw.wiseadmin.biz/?t=40&an=61224&format=xml<br /> <strong>Free Webinar Series on Proposition 64</strong><br /> On Nov. 8, California voters approved Proposition 64, legalizing recreational use of marijuana. Prop. 64 promises to usher in a new era, with the growth of the recreational marijuana industry and changing attitudes toward marijuana use, and with it, new challenges and opportunities for local governments, regulators, local staff, and the entrepreneurs and landowners who will be vital to the growth of the new industry. For the past several years, Best Best &amp; Krieger has worked hard to keep itself on the cutting edge of marijuana issues, drafting dozens of regulations and working with public agency clients to create marijuana policies that serve their best interests. Now, BB&amp;K is introducing a webinar series to map out this brave new world.<br /> <br /> <strong>First Webinar - Nov. 30</strong><br /> &quot;The Basics - Cultivating New Regulations and Confronting New Challenges Presented by Marijuana Legalization&quot;<br /> In this first installment, BB&amp;K attorneys Victor Ponto and Jordan Ferguson walked through the Prop. 64 basics: What the law does, what is allowed and not allowed, how local governments can regulate, and the timelines for implementation.<br /> <br /> <strong>Who Should Attend:</strong><br /> <ul> <li>Elected officials</li> <li>City managers</li> <li>Planning directors</li> <li>Finance directors</li> <li>Police department officials</li> <li>Fire department officials</li> <li>Building inspectors</li> <li>City staff at all levels who may be involved in permitting, enforcement, or policy</li> <li>Landowners or landlords</li> <li>HOA members</li> <li>Entrepreneurs hoping to enter the marijuana industry</li> </ul> <br /> <strong>When</strong><br /> Wednesday, Nov. 30<br /> 10:30 - 11:30 a.m. PST<br /> <br /> <a href="mailto:events@bbklaw.com?subject=Webinar%3A%20Prop%2064%20-%20The%20Basics%20%E2%80%93%20Cultivating%20New%20Regulations%20and%20Confronting%20New%20Challenges%20Presented%20by%20Marijuana%20Legalization"><span style="color: rgb(0, 0, 255);">Click here for questions.</span></a><br /> <br /> <strong>Future Prop. 64 Webinar Topics - Dates to be Announced Soon:</strong><br /> <ul> <li>Employer Implications of Prop. 64</li> <li>Tax and Ballot Measure Implications</li> <li>Land Use and CEQA Implications</li> <li>Public Safety Implications</li> </ul> <br /> <strong>Materials</strong><br /> <a href="/88E17A/assets/files/Documents/Prop 64 - The Basics - Cultivating New Regulations and Confronting New Challenges Presented By Marijuana Legalization.pdf" target="_blank"><span style="color: rgb(0, 0, 255);">Prop 64: The Basics - Cultivating New Regulations and Confronting New Challenges Presented By Marijuana Legalization</span></a><br /> <br /> To view a recording of the webinar, <a href="https://youtu.be/LCZCda-IyJ0" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br />Seminars and Webinars30 Nov 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=61224&format=xmlBest in Law: How to Navigate Legal Pitfalls of Using Airbnbhttp://bbklaw.wiseadmin.biz/?t=40&an=60719&format=xml<strong>By SCOTT DITFURTH</strong><br /> <br /> Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a billion-dollar service around the world.<br /> <br /> While municipal laws, such as those enacted in San Francisco, Santa Monica and Anaheim, are being put in place to regulate short-term rentals, services like Airbnb and VRBO are here to stay.<br /> <br /> If you are looking to jump on the Airbnb bandwagon, either as a host or a tenant, there are certain legal issues to know before taking the plunge.<br /> <br /> <strong> Check Local Regulations</strong><br /> Different cities have various laws and regulations for offering rentals via Airbnb. For instance, some municipalities restrict the location of the rental or the length of time the rental can be used.<br /> <br /> Additionally, regulations may require an Airbnb host to register or obtain a permit to operate.<br /> <br /> Finally, some types of short-term rentals may be prohibited altogether. Law and regulations vary depending on the jurisdiction, and on what restrictions are in place or how the regulations are enforced. Penalties may include fines or other enforcement.<br /> <br /> <strong>Pay Your Taxes </strong><br /> Services like Airbnb can provide a decent income stream to help pay bills or earn extra money.<br /> <br /> However, almost every jurisdiction requires taxes to be paid for hosting a short-term rental on Airbnb. Because most of the rentals on Airbnb are short-term, transient occupancy taxes, such as those associated with hotels, may be applicable. This is why, before listing a short-term rental on Airbnb, you should understand the laws of the city and county in which the property is located.<br /> <br /> <strong> Know Your Rights </strong><br /> Beginning in 2016, California law requires any &ldquo;hosting platform&rdquo; to provide a warning that such a listing could lead to legal action and eviction. This was a result of individuals violating their lease to list their property on Airbnb or other host-sharing platforms. Listing a property on Airbnb may be viewed as an illegal sublease, which could be cause for eviction.<br /> <br /> <strong> Know Tenants&rsquo; Rights </strong><br /> What happens when the Airbnb guest refuses to leave? This is where the issue of Airbnb eviction arises. Under California law, short-term tenants, such as those booked through Airbnb, may acquire tenant rights by satisfying certain criteria, including living in and payment of rent for 30 days. <br /> <br /> After these rights are acquired, the Airbnb tenant cannot be removed as a trespasser, but rather must be evicted formally through the unlawful detainer process. <br /> <br /> The unlawful detainer process requires that the host give formal notice to the tenant of their eviction and, if unsuccessful, file an unlawful detainer complaint in court to evict the tenant. <br /> <br /> The unlawful detainer process may take several months to complete.<br /> <br /> At this point, you may be asking, &ldquo;How do I avoid this from happening?&rdquo; Well, the truth is, there may be nothing you can do to completely avoid this situation if you are hosting an Airbnb tenant for more than 30 days. However, there are certain things you can do to reduce or minimize the risk. <br /> <br /> <ul> <li>First, contact Airbnb immediately if the tenant will not leave after their stay. Also, before agreeing to host a tenant on Airbnb, do your homework. Make sure the tenant is dependable and reliable. Reviews are set up on Airbnb to help facilitate this.</li> <li>Next, put your agreement with the tenant in writing. This may not avoid you having to file an unlawful detainer action, but it will provide you with a stronger case if you do have to go to court.</li> <li>Next, get an upfront security deposit from the tenant.</li> <li>Finally, become familiar with the landlord/tenant laws in your area.</li> </ul> <br /> Indeed, Airbnb says it warns hosts that it is their responsibility to know the laws of their jurisdiction.<br /> <br /> <em>This article first appeared in <a href="http://www.pe.com/articles/airbnb-816699-tenant-short.html" target="_blank"><span style="color: rgb(0, 0, 255);">The Press-Enterprise</span></a> on Oct. 30, 2016. Republished with permission.</em>BB&K In The News30 Oct 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=60719&format=xmlRecognizing Stars: State of the City Event Honors Hesperia's Difference Makershttp://bbklaw.wiseadmin.biz/?t=40&an=60461&format=xmlAt the City of Hesperia's State of the City 2016 luncheon on Oct. 17, &quot;Mayor Bill Holland said the room was full of 'superstars'.&quot;&nbsp; Among the community leaders who were recognized was BB&amp;K attorney Thomas O'Connell &quot;for his role 'in helping to spearhead the effort to create a Hesperia for future generations through the Hesperia 2034 program.'&quot;<br /> <br /> For more information regarding the Hesperia 2034 program, <a target="_blank" href="http://www.hesperia2034.com/"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br /> <br /> To read the entire article, which ran Oct. 17, 2016 in the Victorville Daily Press, <a target="_blank" href="http://www.vvdailypress.com/news/20161017/recognizing-stars-state-of-city-event-honors-hesperias-difference-makers"><span style="color: rgb(0, 0, 255);">click here</span></a>. <br />BB&K In The News21 Oct 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=60461&format=xmlBest in Law: Want to Cut Legal Costs? Avoid Litigationhttp://bbklaw.wiseadmin.biz/?t=40&an=60220&format=xmlThe best strategy to minimize the cost of litigation is to avoid it altogether. <br /> <br /> Many businesses, trustees or individuals put off hiring a lawyer until a lawsuit is filed. At this stage, potentially preventable damage is already done. Engaging a lawyer who is invested in your success from the outset is the best and most cost effective way to reduce litigation costs. <br /> <br /> If you do find yourself in the expensive arena of litigation, here are several ways to reduce costs without sacrificing quality or compromising results. <br /> <br /> <strong>Involve Counsel Early.</strong> If it is too late to avoid litigation, the earlier you involve an attorney, the better. Experienced counsel can streamline the path, and work with you to mitigate damages, organize evidence, limit discovery expense, or steer the matter to early settlement.<br /> <br /> <strong>Mediation.</strong> Studies demonstrate that early mediation significantly reduces litigation costs. An early mediation with limited and focused discovery can avoid the significant costs of depositions, motion practice, retention of experts and trial preparation. <br /> <br /> <strong>Limit Discovery.</strong> Written discovery, depositions and experts can be some of the most costly aspects of litigation. Limiting depositions and seeking an agreement with opposing counsel regarding the scope of discovery can drastically reduce costs.<br /> <br /> <strong>Decision Tree Analysis.</strong> Litigation should be guided by understanding and evaluating the best and worst possible outcomes, and the likelihood of each. This structured analysis allows clients to make better decisions in the face of uncertainty and complexity.<br /> <br /> <strong>A Professional Relationship with Opposing Counsel.</strong> A strained or contentious relationship between attorneys on both sides almost always increases costs. Although it is not always possible, reasonable conversation and professionalism with the opposing party&rsquo;s counsel can streamline the litigation process.<br /> <br /> <strong>Focus on the Key Issues.</strong> Litigation often involves a main claim with many small side claims. Although it is important to be cognizant and responsive to all claims, concentrating on the main issue that is the crux of the dispute is an effective way focus the litigation without getting distracted by side issues.<br /> <br /> <strong>Recognize Emotional Decisions.</strong> Litigation is straining and emotional. Often litigants are angry, sad or frustrated. When emotions are high, litigation escalates and people tend to make decisions based on emotion rather than ration. Diffusing the emotion on both sides, and viewing decisions from a business perspective instead of an emotional perspective, often results in a better and more cost effective outcome.<br /> <br /> <em>This article first appeared in <a target="_blank" href="http://www.pe.com/articles/litigation-814486-costs-best.html"><span style="color: rgb(0, 0, 255);">The Press-Enterprise</span></a> on Sept. 28, 2016. Republished with permission.</em>BB&K In The News10 Oct 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=60220&format=xmlCalifornia Special Districts Associationhttp://bbklaw.wiseadmin.biz/?t=40&an=59730&format=xml<br /> Join Best Best &amp; Krieger LLP at the 2016 California Special Districts Association Annual Conference in San Diego, Calif.<br /> <br /> <strong>BB&amp;K Speakers:</strong><br /> <br /> <strong>Kelly Salt</strong><br /> <em>&quot;Come Hell or High Water: Funding Conservation, Flood Control, and Stormwater&quot;</em> <br /> This presentation will address potential solutions to structuring tiered water rates in light of recent court decisions; and options for funding discounts for low income water, sewer, and solid waste service customers, and stormwater and flood control services.<br /> Tuesday, Oct. 11<br /> 2 &ndash; 3:15 p.m.<br /> <br /> <strong> Isabel Safie</strong> and <strong>Katrina Veldkamp</strong> <em><br /> &quot;Navigating the CalPERS Audit&quot;</em><br /> This presentation will discuss the most common compliance issues that lead to an audit finding and how an agency can address those issues to minimize the impact of an audit. In addition, we&rsquo;ll discuss the risk factors that make an agency more likely than not to be selected for a CalPERS audit. Finally, we&rsquo;ll walk you through the audit process and discuss the purpose and target of each phase of an audit.<br /> Wednesday, Oct. 12<br /> 2:15 &ndash; 3:30 p.m.<br /> <br /> <strong> Michelle Ouellette</strong> and <strong>Jennifer Lynch</strong> <em><br /> &quot;CEQA: What Special Districts Need to Know in 2016 and Beyond&quot;</em><br /> Special district actions must comply with fast-changing CEQA law. This panel addresses recent legislation and litigation, and will touch upon GHGs, AB 52, special events, water issues, and much more.<br /> Thursday, Oct. 13<br /> 8:30 - 10 a.m.<br /> <br /> <strong>When</strong><br /> Monday, Oct. 10 - Wednesday, Oct. 13<br /> <br /> <strong>Where</strong><br /> San Diego Hotel and Marina<br /> 1380 Harbor Island Dr.<br /> San Diego, CA 92101<br /> <br /> For more information or to register, <a target="_blank" href="http://conference.csda.net/"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br />Conferences & Speaking Engagements10 Oct 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=59730&format=xmlPartner Shannon Brubaker Named to SD Metro’s 40 Under 40 Listhttp://bbklaw.wiseadmin.biz/?t=40&an=59992&format=xml<strong>For Immediate Release: Sept. 30, 2016<br /> Media Contact: Denise Nix &bull; 213.787.2552 &bull; </strong><a href="mailto:denise.nix@bbklaw.com?subject=Partner%20Shannon%20Brubaker%20Named%20to%20SD%20Metro%E2%80%99s%2040%20Under%2040%20List"><strong><span style="color: rgb(0, 0, 255);">denise.nix@bbklaw.com </span></strong></a><strong><br /> <br /> SAN DIEGO, Calif.</strong> &ndash; Best Best &amp; Krieger LLP Partner Shannon Brubaker is the recipient of a <em>San Diego Metro</em> 40 Under 40 Award. Recognizing the &ldquo;best and brightest minds of San Diego County,&rdquo; the list includes business professionals in a range of industries.<br /> <br /> Brubaker&rsquo;s work as a litigator, as well as her pro bono advocacy on behalf of asylum seekers, earned her the recognition. The article, along with the full list of winners, can be found on <a target="_blank" href="http://www.sandiegometro.com/2016/09/40-40-awards-2016/"><span style="color: rgb(0, 0, 255);">SD Metro&rsquo;s website</span></a>.<br /> <br /> Brubaker represents a wide array of clients, including corporations, government and religious organizations, banks and individuals in all aspects of litigation from case intake to resolve. In addition to her caseload, Brubaker dedicates her time to represent clients pro bono through Casa Cornelia Law Center &mdash; a public interest, San Diego-based law firm that provides free legal aid to victims of human and civil rights violations, including asylum seekers, survivors of domestic violence, survivors of human trafficking and unaccompanied children fleeing violence, abuse, abandonment and neglect. <br /> <br /> Earlier this year, Brubaker was named to the <em>San Diego Daily Transcript&rsquo;s</em> annual list of Top 40 Under 40 Attorneys.<br /> <br /> <div style="text-align: center;"><em>###<br /> </em></div> <em><br /> Best Best &amp; Krieger LLP is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit <a target="_blank" href="http://www.bbklaw.com"><span style="color: rgb(0, 0, 255);">www.bbklaw.com</span></a> or follow <a target="_blank" href="https://twitter.com/BBKlaw">@BBKlaw</a> on Twitter.</em>Press Releases30 Sep 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=59992&format=xmlOpposing Counsel: Michael Granthttp://bbklaw.wiseadmin.biz/?t=40&an=59729&format=xml<strong>By Boyd Jensen</strong><br /> <br /> Attorney Mike Grant, transactional real estate specialist and a senior partner with the firm of Best Best and Krieger LLP &ldquo;BB&amp;K,&rdquo; after practicing 40 years, will retire in early 2017. This quiet and dignified<sup>1</sup> representative of our Riverside legal community has an idyllic story.<br /> <br /> Born in Fairfield, Iowa, the southeast corner of the state, population 7,000, he lived there for eleven years while his dad was working for the United States Department of Agriculture until transferred to Riverside in 1957. After attending Central Middle School (then Central Jr. High), he graduated from Riverside Poly High School (Class of &rsquo;64) with one of his future partners, John Wahlin&hellip;and as if choreographed, his high school diploma was signed by one of BB&amp;K&rsquo;s then senior partners, Art Littleworth, President of the Riverside Unified School Board.<br /> <br /> Mike met his future wife, Chris Berkey, at Central Middle School. They became high school sweethearts and later, attended Brigham Young University together. After a year of college, Mike volunteered for a two-year LDS<sup>2</sup> mission in Argentina. He learned to speak Spanish fluently, which he retained, as well as his love for Argentina, its people and cuisine, being reminded when he on occasion has returned. He described his mission as a deeply &ldquo;spiritual and life changing experience.&rdquo;<br /> <br /> He returned to BYU (graduating in 1970 &ndash; History &amp; International Relations), proposed to Chris and commenced teaching Spanish at the LDS Language Training Center. Chris accepted his proposal, but so did the United States Navy. Given the Vietnam War and the draft, Mike decided he preferred seeing Vietnam from the air rather than the ground. Not long after their nuptials, Mike began officer and flight training at the Naval Air Station &ldquo;NAS&rdquo; in Pensacola, Florida.<br /> <br /> His military service included flying 99 carrier combat missions in Vietnam and two cruises to the Western Pacific, after which he continued in the Naval Air Reserves flying the Douglas A-3 Skywarrior, which was used for electronic warfare and air refueling. He accumulated more than 2,000 flight hours, flying from seven different aircraft carriers and was part of a crew that set a record for the longest nonstop flight by a tactical Navy carrier aircraft&mdash; from NAS Rota, Spain to NAS Alameda, California (air refueling three times enroute). Mike retired from the Navy Reserves in 1995 as a &ldquo;Commander.&rdquo;<sup>3</sup><br /> <br /> While serving as legal officer in his Navy squadron, Mike studied and took the LSAT between cruises. He attended Hastings College of the Law from 1974 &ndash; 1977 and became a California lawyer in December of 1977. He clerked with BB&amp;K after his second year (summer of &rsquo;76) and returned full time in 1977 following the bar exam. Mike loved the people and culture at BB&amp;K and they loved him. It was much smaller then, only 25 attorneys in three offices (Riverside, Sun City &amp; Palm Springs), compared to now with 185 attorneys in eight California offices and one office in Washington D.C. He still appreciates the people, the culture, and the friendships. Mike considers Art Littleworth, Justice Bart Gaut, Bill DeWolfe, Judge Dallas Holmes, Chris Carpenter, and others at BB&amp;K as great examples and mentors.<br /> <br /> Attorney Grant began specializing almost immediately in transactional real estate, representing a mix of private and public clients. Private clients have included commercial and residential developers, landowners selling/leasing property for development and portfolio investors. Public entity clients have included many cities, water districts, school districts and special districts. Mike became a partner in 1983 and has served on various nonprofit boards including; California Inland Empire Council, Boy Scouts of America; Visiting Nurses Association; Jefferson Transitional Programs; and is currently on the Board of Palm Springs Air Museum. Mike has always been active in his faith and for many years was the President (ecclesiastic presiding leader) of the Riverside units of the Church of Jesus Christ of Latter-day Saints. Practicing in Riverside allowed time for family, church, the Navy Reserves, public service, and the ten minute commute from home to office.<br /> <br /> Two of Chris and Mike&rsquo;s five children were born during his college and Vietnam years and all five graduated from Riverside&rsquo;s North High School. Despite contacts with the legal field, none of their children pursued the law as a career. Their son was a &ldquo;runner&rdquo; at BB&amp;K and is now a firefighter. All four of their daughters were in mock trial at North and had great experiences &mdash; one (Amy) being a top prosecutor in 1994. The girls include a CPA and a speech pathologist, although all daughters are also homemakers to Mike and Chris&rsquo; 15 grandchildren living in Gig Harbor, Washington; Kennewick, Washington; Idaho Falls, Idaho; Las Vegas, Nevada and Aurora (Chicago), Illinois.<br /> <br /> The Grant family enjoys skiing together and cycling. Mike and his son cycled across Iowa (529 miles) in seven days as part of the annual RAGBRAI (Register&rsquo;s Annual Great Bicycle Ride Across Iowa.) BB&amp;K partners Frank Adams, Jim Harper, and Mike participate in regional cycling events.<br /> <br /> In terms of future plans, Chris and Mike may serve another LDS mission particularly in a Spanish speaking area. &ldquo;No rocking chairs for us,&rdquo; Mike says, to no one&rsquo;s surprise. This Riverside boy, Navy flier, &ldquo;Mormon Missionary&rdquo; and quintessential representative of Riverside&rsquo;s preeminent firm, will be a credit to our Riverside legal community whatever he chooses to do.<br /> <br /> <sup>1</sup> Though he did drive a red Corvette &ldquo;Sting Ray&rdquo; for a while.<br /> <sup>2</sup> Church of Jesus Christ of Latter-day Saints (Mormon).<br /> <sup>3</sup> Navy Commander is equivalent to the rank of lieutenant colonel in the other uniformed services.<br /> <br /> <em> Attorney Boyd Jensen of Garrett &amp; Jensen has been a civil practitioner in Riverside County since 1979.<br /> <br /> This article originally appeared in the <a href="http://www.riversidecountybar.com/Documents/Magazine-2016/Riverside-Lawyer-Magazine-volume-66-8-September-2016.pdf" target="_blank">September 2016 edition of Riverside Lawyer</a> magazine, a publication of the Riverside County Bar Association. Reprinted with permission.</em>BB&K In The News20 Sep 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=59729&format=xmlCalifornia Agency Announces Changes to Proposition 65http://bbklaw.wiseadmin.biz/?t=40&an=59401&format=xml<p>In a move that could have significant implications for businesses throughout the State of California (as well as businesses whose goods are sold in California), the Office of Environmental Health Hazard Assessment recently <a target="_blank" href="http://oehha.ca.gov/proposition-65/crnr/notice-adoption-article-6-clear-and-reasonable-warnings"><span style="color: rgb(0, 0, 255);">announced</span></a> that it has adopted new regulations that seek to clarify the methods for complying with Proposition 65&rsquo;s &ldquo;clear and reasonable&rdquo; warning requirement.</p> <p>In 1986, California voters approved Proposition 65, an initiative measure that sought to address concerns relating to exposure to toxic chemicals. Officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 requires the State to publish a list of chemicals known to cause cancer or reproductive toxicity &mdash; a list that has grown to include more than 800 chemicals. In addition to this listing requirement, Proposition 65 requires any business (including manufacturers, producers, packagers, suppliers and distributors) that has 10 or more employees to provide a &ldquo;clear and reasonable&rdquo; warning before knowingly and intentionally exposing any Californian to a listed chemical.</p> <p>Historically, businesses were provided relatively broad authority to determine the proper method for conveying this warning. Generally speaking, a warning would satisfy Proposition 65&rsquo;s requirements so long as &ldquo;the method employed . . . [is] reasonably calculated&rdquo; to &ldquo;clearly&rdquo; communicate that the individual will be exposed to a listed chemical. In an effort to clarify Proposition 65&rsquo;s warning requirements, OEHHA recently adopted new regulations strengthening this regulatory standard. Among the newly adopted regulations, there are several key provisions that could impact businesses selling, manufacturing or distributing products within the State.</p> <p><strong>Burden to Warn on Manufacturers</strong></p> <p>First, the regulations place the responsibility to warn on manufacturers, distributors and producers of consumer products. The regulations also clarify the circumstances in which a retailer may be responsible for creating warnings, such as where the retailer knowingly introduces a listed chemical into a product.</p> <p><strong>Key Changes to Warning Content</strong></p> <p>There are also several key changes to product warning requirements:</p> <ul> <li>Consumer product warnings will need to state that the product &ldquo;can expose&rdquo; the individual to a listed chemical, and then identify each specific listed chemical for which the warning is being provided. For example, for exposures to listed carcinogens, the warning must state: &ldquo;This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer.&rdquo;</li> <li>Consumer product warning labels will need to contain the signal word &ldquo;WARNING,&rdquo; as well as display a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline.</li> <li>Almost all warnings must include a hyperlink to an OEHHA-operated Proposition 65 website. Many of the required hyperlinks are product-specific, ranging from alcohol, furniture and diesel engines, to parking structures and amusement parks.</li> <li>There are exceptions to some of the above requirements for on-product warnings. For example, as opposed to listing the chemical for which the warning is being provided, on-product labels need only include the words &ldquo;cancer&rdquo; and/or &ldquo;reproductive harm.&rdquo;</li> </ul> <p>While the regulations do not become operative until Aug. 30, 2018, businesses should continue to work with legal counsel to ensure that any warnings fully comply with the new regulations and satisfy Proposition 65&rsquo;s &ldquo;clear and reasonable&rdquo; warning requirement.</p> <p>If you have any questions about these regulations or how they may impact your busines, please contact the attorney authors of this Legal Alert listed to the right in the firm&rsquo;s <a href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml" target="_blank"><span style="color: rgb(0, 0, 255);">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a href="http://www.bbklaw.com/?p=2099" target="_blank"><span style="color: rgb(0, 0, 255);">B</span></a><a href="http://www.bbklaw.com/?p=2099" target="_blank"><span style="color: rgb(0, 0, 255);">B&amp;K attorney</span></a>.</p> <p>Please feel free to share this Legal Alert or subscribe by <a href="http://www.bbklaw.com/?p=2121" target="_blank"><span style="color: rgb(0, 0, 255);">clicking here</span></a>. Follow us on Twitter @BBKlaw.</p> <i>Disclaimer: BB&amp;K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i>Legal Alerts09 Sep 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=59401&format=xml20 BB&K Attorneys Make Best Lawyers in America 2017 Listhttp://bbklaw.wiseadmin.biz/?t=40&an=58576&format=xml<strong>For Immediate Release: August 15, 2016<br /> Media Contact: Denise Nix &bull; 213.787.2552 &bull; </strong><a href="mailto:denise.nix@bbklaw.com?subject=20%20BB%26K%20Attorneys%20Make%20Best%20Lawyers%20in%20America%202017%20List"><span style="color: rgb(0, 0, 255);"><strong>denise.nix@bbklaw.com</strong></span><br /> </a><br /> <strong> RIVERSIDE, Calif.</strong> -- Best Best &amp; Krieger LLP congratulates the 20 attorneys who were selected by their peers for inclusion on The Best Lawyers in America&copy; 2017 list. In addition, Partner Edward J. Quinn, Jr. and Of Counsel Joseph Coomes are being recognized as Lawyers of the Year for their contributions to the legal industry, and their professional achievements. This is the second year in a row that Joe has earned this prestigious honor.<br /> <br /> Since it was first published in 1983, Best Lawyers&reg; has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2017 edition, more than 83,000 leading attorneys globally were eligible to vote, and 7.3 million votes were analyzed. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. To learn more about Best Lawyers, <a href="https://www.bestlawyers.com/" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br /> <br /> Below are the BB&amp;K attorneys included on The Best Lawyers list, by office, along with the practice areas they were recognized for:<br /> <br /> Irvine<br /> <ul> <li>Sonia R. Carvalho, Municipal Law</li> </ul> <br /> Los Angeles <ul> <li>Eric L. Garner, Litigation &ndash; Environmental and Water Law</li> </ul> <br /> Ontario <ul> <li>John E. Brown, Municipal Law</li> <li>Stephen P. Deitsch, Land Use and Zoning Law and Municipal Law</li> </ul> <br /> Riverside<br /> <ul> <li>Arthur L. Littleworth, Energy Law, Environmental Law, Litigation &ndash; Environmental, Natural Resources Law and Water Law</li> <li>Michelle Ouellette, Energy Law, Environmental Law, Litigation &ndash; Environmental and Natural Resources Law</li> <li>George M. Reyes, Corporate Law</li> </ul> <br /> Sacramento<br /> <ul> <li>Joseph E. Coomes, Jr., Land Use and Zoning Law and Municipal Law</li> <li>T. Brent Hawkins, Municipal Law</li> <li>Gary F. Loveridge, Health Care Law</li> <li>Edward J. Quinn, Jr., Land Use and Zoning Law and Municipal Law</li> <li>Ann Taylor Schwing, Appellate Practice</li> <li>Harriet A. Steiner, Litigation &ndash; Municipal and Municipal Law</li> <li>Iris P. Yang, Land Use and Zoning Law, Litigation &ndash; Municipal and Municipal Law</li> </ul> <br /> San Diego<br /> <ul> <li>Robert J. Hanna, Commercial Litigation</li> <li>Shawn D. Hagerty, Land Use and Zoning Law</li> <li>Arlene P. Prater, Employment Law - Management</li> <li>Gary Schons, Ethics and Professional Responsibility Law</li> </ul> <br /> Walnut Creek<br /> <ul> <li>Gene Tanaka, Litigation - Environmental</li> <li>Roderick E. Walston, Natural Resources Law and Water Law</li> </ul> <br /> <div style="text-align: center;"><em>###</em></div> <br /> <strong><em>Best Best &amp; Krieger LLP</em></strong><em> is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit <a href="http://www.bbklaw.com" target="_blank"><span style="color: rgb(0, 0, 255);">www.bbklaw.com</span></a> or follow <a href="http://twitter.com/bbklaw" target="_blank"><span style="color: rgb(0, 0, 255);">@BBKlaw</span></a> on Twitter.</em>Press Releases15 Aug 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=58576&format=xmlBest in Law: How a Business Owner Can Weigh Buying vs. Leasinghttp://bbklaw.wiseadmin.biz/?t=40&an=58456&format=xml<strong>By Margaret &ldquo;Peggy&rdquo; A. Hosking<br /> </strong><br /> Making an investment in real estate can be a valuable long-term venture for business owners &ndash; one that can continue to generate revenue even if a business moves on or is sold.<br /> <br /> The buy-versus-lease consideration is something many business owners will eventually face. What do you do? Do you buy a business space or continue to lease? Pros can outweigh cons when it comes to investing in commercial real estate. The move, however, may not be right for every business.<br /> <br /> There are a few points to consider before taking the plunge into commercial property ownership.<br /> <br /> First, ask: What are the advantages of owning versus leasing commercial real estate?<br /> <br /> If you have an attractive lease in a great location, you may not want to consider purchasing.<br /> <br /> On the other hand, it is easier to control fixed costs when you own the property. Owning a building creates security in that you will not have to renegotiate a lease &ndash; or lose your location to another tenant.<br /> <br /> Loss of a lease can create significant relocation costs and you may not be able to secure favorable lease terms.<br /> <br /> You can also maintain more control concerning repairs, maintenance and improvements if you own. If you have a retail business, you may want to repave the parking lot or paint your building more frequently than a landlord. Or, you may wish to customize improvements to improve business efficiency. <br /> <br /> If improvements are planned down the road, the property may serve as security to finance enhancements.<br /> <br /> There may also be tax advantages to owning your own property, such as building depreciation, incentives for energy-efficient upgrades and building improvements.<br /> <br /> If you have future plans to expand your business, you may purchase a property larger than your current needs and lease the extra space creating additional income.<br /> <br /> Consider the long-term plan for your business. Will you sell and retire? Retain ownership of the property and lease it to the next business owner? Or will the real estate make the business more attractive to a buyer?<br /> <br /> Next, take a look at the business&rsquo; current cash flow. Do you have the cash flow to purchase? What financing is available through your existing banking relationships? Will you take on a tenant (or two) to cover expenses until your business is large enough to take over the entire space?<br /> <br /> Don&rsquo;t hesitate to discuss a potential real estate acquisition with your attorney and accountant. Typically, they have good working relationships with commercial real estate agents and lenders and can help you structure an acquisition in the most advantageous way for your business. <br /> <br /> Even if your current bank doesn&rsquo;t have a loan product that is suitable for your needs, there may be other programs to consider, such as private loans or an SBA 504 loan from the U.S. Small Business Administration.<br /> <br /> Interest rates have been very appealing for the past several years. However, this may not continue. Is now the time to lock in your interest expense for the future?<br /> <br /> When purchasing commercial real estate, business owners should consider setting the property up in a separate entity. There are distinct advantages to holding real estate separate from your operating entity.<br /> <br /> For example, you might purchase real estate through a trust, thus allowing the transfer of the real estate through your estate plan. Or, consider an LLC. Members of the LLC may be family members, business partners or private lenders. Holding real estate assets separate from your operating business assets may also safeguard a business from potential liability. <br /> <br /> Finally, holding real estate in a separate entity allows you to retain the real property if the business is sold, maintaining a revenue stream as a landlord.<br /> <br /> Commercial real estate assets also have a good risk/reward profile compared to other investments like stocks, savings or bonds. Owning real estate not only gives businesses leverage, but also has the potential for high cash earnings, equity accumulation and numerous tax breaks.<br /> <br /> <em>* This article first appeared in <a target="_blank" href="http://www.pe.com/articles/business-809663-estate-real.html"><span style="color: rgb(0, 0, 255);">The Press-Enterprise</span></a> on Aug. 7, 2016 Republished with permission.</em>BB&K In The News08 Aug 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=58456&format=xml