Freeman

Diving Deep For Documents Opens Even Deeper Pockets | FFS Insights

by Robert M. Heller If litigation is commonly a war of attrition, discovery is the battlefield where that war is often decided.  And that terrain is particularly perilous for plaintiffs in derivative litigation, because a minority shareholder demanding documents and information from the defending majority in a derivative dispute confronts a perpetual conundrum: the majority…

Employment Law Updates to Prepare You For the New Year | FFS Insights

by Tal K. Taylor We can all agree that 2021 can’t come soon enough.  However, before leaping into the new year, California employers should ensure that they are up to date on the latest modifications to the State’s ever-evolving employment laws. Expansion of Family Leave Rights The California Family Rights Act (CFRA) which has historically…

Passing of Prop 19 Limits Use of Major Property Tax Exemption | FFS Insights

As you may know, it looks like Proposition 19 (“Prop 19”) will pass. Prop 19 severely limits the use of the parent-child exclusion for property tax purposes. If you are considering a transfer of California real estate to your children, whether now or in the future, and you wish to avoid an increase in property taxes, you…

Potential Change in the Gift/Estate Tax Exemption May Impact You | FFS Insights

Currently, each person has a $11,580,000 gift/estate tax exemption (which is scheduled to increase to $11,700,000 per person in 2021), and under current law, this exemption amount will revert back to the pre-2018 law amount which was $5,000,000 per person (adjusted for cost of living increases), after 2025. Based upon the election, it is possible…

California Expands Employer Leave Obligations Under the CFRA | FFS Insights

by Tal K. Taylor Governor Newsom recently enacted legislation that significantly expands employee leave rights under the California Family Rights Act (CFRA).  Currently, the CFRA requires employers to provide eligible employees with up to 12 weeks of unpaid leave per year due to the employees’ own illness, to care for a seriously ill family member…

California Changes Its Independent Contractor Law – Again! | FFS Insights

by Teresa R. Tracy AB 5, the controversial California landmark legislation that dramatically changed the landscape of independent contractor versus employee status, has barely been in place since it became effective January 1, 2020.  It was followed by much gnashing of teeth by both businesses and many independent contractors who found their relationships altered in…

In-person Learning, Against all Pods?

by Tal K. Taylor As many students begin the schoolyear without on-site instruction, the concept of in-home learning pods is gaining in popularity among parents and caregivers.  A group of families may decide to jointly hire a tutor to teach an in-person curriculum or to help facilitate or supplement the online curriculum of a school…

EEOC Further Updates COVID-19 Guidance to Address Ongoing Questions | FFS Insights

by Teresa R. Tracy EEOC Further Updates COVID-19 Guidance to Address Ongoing Questions On September 9, 2020, the EEOC issued updated Guidance regarding the interplay between COVID-19 and the laws that it enforces.  All of the materials that the EEOC has which are related to COVID-19 can be found at www.eeoc.gov/coronavirus. The new Guidance makes…

The First of its Kind, Court Rules That Commercial Tenant is Entitled to Reduction in Rent Due to COVID-19 | FFS Insights

by Arash Beral, Jeffrey S. Goodfried and Jeffrey M. Jensen In what appears to be the first notable decision in the country tackling COVID-19 related implications vis-à-vis commercial contracts, the Bankruptcy Court for the Northern District of Illinois issued an order recently requiring a tenant (a restaurant) to pay only 25% of rent due during…

EEOC Issues Its Fifth Update Related to Discrimination and COVID-19 | FFS Insights

By Teresa R. Tracy The Equal Employment Opportunity Commission (EEOC) is regularly updating previously-issued Technical Assistance Questions and Answers (i.e., issued March 17, March 18, April 9, April 17, 2020). It did so again on April 23, 2020. Our summary of prior updates can be found here and here. The EEOC continues to emphasize that…

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