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Posted in Real Estate Litigation, Uncategorized

The Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) just published an opinion clarifying the effect of the automatic stay on property abandoned by a bankruptcy trustee back to the corporate debtor.  The case arose in the Central District of California, In re Gasprom, Inc., 2013 DJDAR 14399.  The corporation, Gasprom, Inc., filed a Chapter… Continue Reading

What You Need to Know About the California Green Chemistry Regulations Which Are Now In Effect

Posted in Environmental and Land Use, Green Chemistry, Prop 65, Uncategorized

As of October 1, 2013,  the California Green Chemistry Law and its regulations are officially part of the landscape . The California legislature passed the Green Chemistry Law in 2008, which authorizes and requires the  California Department of Toxic Substances Control (the “DTSC”)  to adopt regulations to establish a process to identify and prioritize chemicals… Continue Reading

FDA Proposes Arsenic Action Level for Apple Juice

Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Prop 65, Uncategorized

July 12, 2013  the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice.  The 10 ppb is the same as EPA  arsenic in drinking water standards. “The FDA is committed to ensuring the safety of the American food supply and to doing what is necessary to protect public… Continue Reading

Supreme Court Rules DOMA Section 3 Unconstitutional

Posted in Uncategorized

By Kay Brooks Today the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional.  The case, United States v. Windsor, 570 U.S. ____ (2013), involved the portion of DOMA that stated that the federal government will only recognize marriages between opposite-sex spouses for purposes of federal… Continue Reading

Marriage Equality Returns to California

Posted in Uncategorized

The United States Supreme Court issued its opinion in Hollingsworth v. Perry, 570 U.S. ___ (2013), this morning, regarding the validity of Proposition 8.  The outcome is that same-sex marriage is once again legal in California.  The Supreme Court did not rule on a specific right to same-sex marriage, but rather it stated that neither… Continue Reading

Product Tracing Pilot Projects Reports Released

Posted in Uncategorized

FDA has released a report  on two product tracing pilot projects that were  conducted by the Institute of Food Technologists (IFT)  fro the FDA .  The  two pilot projects, one for processed foods and one for produce,obtained input from the industry, the USDA, state agencies and consumer groups on proposed foods and/or ingredients and product tracing… Continue Reading

FDA Isssues First Suspension of Registration under FSMA

Posted in Food Safety, Food Safety Modernization Act, Uncategorized

The FDA has issued its first Mandatory Suspension of Registration under the Food Safety and Modernization Act FSMA.  (see FDA Order ( ) The order was issued to Sunland Inc for contamination in their peanut facility.  This facility has been linked to a number of recent salmonella discoveries in food being sold in stores.  If a facility’s registration is suspended, that… Continue Reading

Changes in Disability Laws; What Commercial Property Owners Need to Know (SB 1186)

Posted in Real Estate Development, Uncategorized

Governor Brown recently approved significant changes to California’s Disabled Access laws.  Those changes are summarized on Weintraub’s Labor & Employment blog.  As a commercial property owner, you need to modify your leases as of July 1, 2013.  You must include in your lease or rental agreement a statement about whether or not the property has undergone… Continue Reading