Posted on October 14, 2016 by CEB
The following is a guest blog post by Bahaneh Hobel, a partner in the Alcohol Beverage and Wine Law groups at Dickenson Peatman & Fogarty in Napa. Bahaneh’s practice focuses exclusively on all aspects of alcohol beverage law and regulation for wineries, breweries, distilled spirits plants, importers, wholesalers, and retailers.
Many of us have attended “passport events” where you buy a glass, wrist band, or passport that gets you access to wine tastings at various locations and often include a party at a central event location. These “event passports” are often sold by marketing agencies or winegrower associations promoting the event. But these marketing or supplier organizations selling the tickets or passports don’t generally have licenses from the California Department of Alcoholic Beverage Control (ABC). So, how can they do it? And what happens when multiple wineries participate or pour at an event at one location?
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: alcohol licensure, California Department of Alcoholic Beverage Control, passport events, temporary daily license, wine law, wine tasting | Leave a comment »
Posted on September 30, 2016 by Julie Brook, Esq.
Parties negotiating a business transaction don’t have to accept the risks or duties imposed by law on the proposed arrangement. For example, just because a property owner is generally liable for damage caused by hazardous materials on his or her property (42 USC §9607) doesn’t mean that a potential buyer can’t negotiate that the seller be financially responsible for cleaning up materials that were on the property before the closing date. Here’s how to (re)allocate risk in your next transaction. Continue reading
Filed under: Business Law, Legal Topics | Tagged: allocating risk, assignment of risk, contract drafting, exculpatory provisions, indemnity, legal duties, legal obligations | 1 Comment »
Posted on September 21, 2016 by CEB
The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.
Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law, Legal Topics | Tagged: arbitration provision, contractual arbitration, employees, employers, employment agreement, employment contract, employment litigation, mandatory arbitration agreement | 3 Comments »
Posted on September 16, 2016 by Khanh Tran
Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, self-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
Filed under: Criminal Law, Business Law, Tort Law, Employment Law | Tagged: privacy, wiretapping, recording, video recording, eavesdropping, invasion of privacy act | Leave a comment »
Posted on August 15, 2016 by Khanh Tran
Given the increasingly digital landscape
of today’s economy, the most valuable asset for many businesses is their computer data. According to a 2015 study, the average cost of a data breach for small businesses is about $38,000 in hard costs and can total upwards of $55,000. Yet many businesses opt only for traditional property insurance policies. This could be a big problem for your client’s small business.
Filed under: Business Law, Real Property Law | Tagged: business, cybersecurity, insurance | Leave a comment »
Posted on August 1, 2016 by Julie Brook, Esq.
Among the most important terms to include in any contract are the effective date and termination date. Don’t get sloppy when it comes to these key terms. Continue reading
Filed under: Business Law, Legal Topics | Tagged: contract drafting, contract terms, duration of contract, effective date, termination date | 1 Comment »
Posted on July 25, 2016 by Julie Brook, Esq.
Clients come to you seeking to form a nonprofit corporation. As there are so many steps involved, use the following checklist to help you avoid costly mistakes. Continue reading
Filed under: Business Law, Legal Topics | Tagged: forming a corporation, nonprofit corporation, starting a nonprofit | Leave a comment »