A Copyright Lawsuit Pending In Northern California May Finally Answer This Question.
On January 18, 2013, Senate Majority Leader Ellen Corbett (D – San Leandro), introduced Senate Bill 123 (SB 123) that would require the presiding judge of each superior court in the State to establish an Environmental and Land Use Division within each court to process civil proceedings brought under the California Environmental Quality Act (Pub. Res. Code, §§ 21000, et seq.
Yesterday morning, the United States Supreme Court issued its much-anticipated ruling in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc. The Supreme Court held that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act. In reaching its decision, the Supreme Court found that the transfer of water is a discharge of a pollutant only if the water was moved between “meaningfully distinct water bodies,” and thus, “no discharge of pollutants occurs when water, rather than being removed and then returned to a water body, simply flows from one portion of the water body to another.”
* Michael J. Alti contributed significantly to the research and drafting of this article.
Products labeled as “green,” “eco- friendly,” “biodegradable,” and “recyclable” abound in today’s consumer marketplace. Environmental claims such as these can describe a myriad of products and services. Examples include houses, automobiles, foods and beverages, electronics and dry cleaning services. What exactly do these environmental marketing claims really mean?
We are now only a short time away from higher federal income taxes set to take effect January 1, 2013 absent action by Congress and the President.
Here is a brief overview:
FEDERAL INCOME TAX RATES
The current six (6) income tax brackets will be reduced to 5 as follows:
This morning, the California Supreme Court issued its much-anticipated ruling in Pinnacle Museum Tower Assn. v. Pinnacle Mkt. Dev. (US), LLC, finding that a recorded declaration of covenants, conditions and restrictions for a common interest development (CC&Rs) can constitute an enforceable agreement to arbitrate construction defect claims with a homeowners association (HOA), and that such provisions are not per se unconscionable.
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.
For what has seemed an eternity, California employers (and their attorneys) have been waiting with bated breath for the California Supreme Court to issue its ruling in the landmark case, Brinker v. Superior Court, which it is hoped will bring some much needed clarity to California’s meal and rest period rules. Based on information posted recently by the Court’s clerk, a ruling should be issued on or before April 13, 2012.
By way of background, with respect to meal periods, current California law provides:
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.