The Jump Start Our Business Startups Act (“JOBS Act”) contains a significant change in the rules pertaining to securities regulation. While most attention has been directed to the crowdfunding legislation, we believe that the most significant change is to the solicitation and advertising rule for Regulation D offerings to accredited investors.
Articles & Publications
Actions often speak louder than words. That was the case in City of Santa Cruz v. MacGregor (1960) 178 Cal.App.2d 45. In MacGregor, the court considered whether an informal, preliminary agreement formed a binding contract based upon the parties’ subsequent actions.
This article highlights the increased expansion of the State Water Resources Control Board and the Regional Water Quality Control Boards’ role into the planning, entitlement, design, and implementation of development projects. Via Municipal Separate Storm Sewer System (“MS4”) permits and the new “Wetland Area Protection Policy,” the State and Regional Water Boards have joined the very crowded land use entitlement arena.
The 2010-2011 Legislative Session has now come to a close and a number of bills related to land use have been signed into law or vetoed by the Governor, including bills that impact primary land use areas such as the California Environmental Quality Act (CEQA), California Coastal Act and Subdivision Map Act, as well as issues such as air quality, greenhouse gas emissions and water, housing and redevelopment reform. The following is a list of the various land use-related bills that we have been tracking throughout the course of the past year and that were eventually approved by the Legislatu
The annexation process just became more complex, and perhaps too expensive in many cases, as the result of the Governor signing SB 244 (Wolk). The new law requires that nearby “disadvantaged unincorporated communities” be included as part of annexations for new development. Where a development project might have been embraced previously because it included things like missing links for existing streets, new commercial areas that generate sales tax, or new parks, cities must now ponder whether they can afford to provide city services and/or facilities to not only the new development, but a
While the light of economic recovery may be appearing on the horizon, many sectors of the economy continue to suffer slow growth and persistent or periodic struggles with liquidity as a result of low demand for goods and services. Until consumers determinatively shake off the historically low levels of confidence and reverse the current trends of debt reduction and increased savings rates, some businesses will fall on hard times.
As we move into 2012, there are a number of favorable federal tax provisions that are set to expire at the end of the year, absent action by Congress and the President. MORE
The 5th Amendment of the Constitution prohibits government from taking private property without just compensation being paid to the owner. Unfortunately, in the “regulatory taking” context of harsh land use laws or restrictive zoning, a “regulatory taking” case is very difficult to win, particularly in California state courts. California state courts have historically given considerable deference to a city council’s zoning decision. Against such odds, there was a recent regulatory taking victory by a landowner in the Court of Appeal case of Avenida San Juan Partnership v.
In Madera Oversight Coalition, Inc. v. County of Madera, Case No. F059153 (5th Dist. Sept.
Community Water Coalition v. Santa Cruz County Local Agency Formation Commission (Sixth Appellate District No. H036616, filed November 18, 2011)

