Overview of Services
This group assists private and governmental clients in defending civil and criminal actions by environmental agencies, perfecting and enforcing water rights, ensuring just compensation for regulatory and physical government takings, and conducting effective due diligence during real estate transactions and development projects. We also help clients avoid regulatory pitfalls and implement practical solutions to environmental problems, leveraging decades of combined hands-on experience in the courtroom, boardroom, and hearing room.
Experience
Our lawyers have many years of broad experience in many areas of environmental and natural resources law, with highly specialized experience in the following key areas.
Water Law
We represent individuals, private companies, and governmental agencies in water rights and water resources matters. Our clients include ranchers, farmers, developers, urban water suppliers, and irrigation and reclamation districts in California and the western United States. In times of drought, we advise clients regarding water curtailment and conservation orders and regulations. We also adjudicate groundwater rights under the Sustainable Groundwater Management Act and surface water rights before agencies and federal and state courts, work with federal water masters under existing federal river decrees, acquire water rights from states, and advise clients regarding the reconveyance of appropriative and riparian rights. Our trial lawyers have defended and prosecuted class action lawsuits to protect existing water rights and have litigated Petitions for Review before the State Water Resources Control Board.
We are in an era of restricted water resources, and we understand that the highly specialized experience our team provides is critical to clients’ continued operation and success. Our strong relationships and open lines of communication with water enforcement agencies (federal, state, and local) allow us to resolve cases quickly and cost-effectively. Our team also assists clients with water pollution compliance and enforcement defense, handling cases involving CWA Section 404 permits for dredging and filling in waters of the United States, actions by the U.S. EPA and state agencies to enforce water pollution permits and regulations (NPDES, pretreatment and stormwater), and citizen suits alleging permit or statutory violations.
Environmental Crimes, Investigations, and Enforcement Defense
We defend environmental crimes and conduct investigations for companies and individuals facing potential prosecution or filed charges. Our team includes a former federal liaison to the U.S. Department of Justice who has critical knowledge of methods and tactics employed by state and federal prosecutors and enforcement agencies. Also on our team is a former head of environmental law at the U.S. Department of Defense, who worked closely with the U.S. Department of Justice on environmental enforcement actions, and who has defended many environmental prosecutions.
We receive most cases before the government has filed charges, helping clients respond to grand jury subpoenas, conduct privileged internal investigations, prepare presentations to prosecutors, and negotiate pre-filing resolutions. If charges are already filed, we investigate the case, handle court hearings and trials, and participate in plea negotiations. Our lawyers have tried numerous environmental criminal cases to verdict and are adept at all stages of criminal proceedings.
We have also defended hundreds of civil and administrative environmental enforcement actions, whether initiated by government officials or citizens groups. We quickly evaluate the strength of the enforcement case and give pragmatic advice on whether to fight or settle, recognizing that the choice depends in large part on evidentiary issues, business realities, and the estimated cost of defense.
Cleanup and Development of Contaminated Properties
Our work in this area includes sites listed on the U.S. EPA’s National Priorities List, former military Superfund facilities, properties impacted by solvents and vapor intrusion, sites with leaking underground storage tanks, sites impacted by dry cleaning facilities, and many others. We have selected consultants and contractors, overseen legal aspects of the cleanup, and negotiated closure with regulatory agencies. We also advise clients on Brownfields issues, including strategies for using creative legal avenues to manage and limit liability. Working closely with clients, we develop an overall strategy that shifts liability where possible and obtains funding for the cleanup, whether from third parties responsible for the contamination, government cleanup funds, or insurance proceeds.
Property Transactions
We work closely with developers, landowners, investors, and lenders to reduce or eliminate environmental liability associated with real estate transactions. Because environmental cleanup and removal costs are often unknown, and have the potential to be greater than the value of the property, rigid approaches to addressing environmental risks can quickly end a deal. By implementing creative legal solutions to address environmental liability, we have protected our clients’ interests while successfully closing hundreds of deals involving properties with environmental issues.
To do so, we quickly identify, evaluate, and resolve potential hazardous materials, water availability, wetlands, endangered species, traffic, noise, and construction issues in real property development and acquisitions. This includes participating in the client’s due diligence by analyzing existing environmental documents and Phase 1 Environmental Assessments and, if appropriate, overseeing and analyzing Phase 2 Assessments and other investigations. Where environmental issues arise, we negotiate and document the acquisition and development transactions to minimize and control the client’s risk.
Air Quality
Our lawyers help small businesses and large corporations comply with complex air quality regulations at the local, state, and federal levels. This includes enforcement defense, counseling and permitting assistance, litigation, and advocacy in regulatory and legislative forums. We advise clients regarding California’s mobile and stationary source regulations, the federal Clean Air Act, and California’s greenhouse gas emissions regulations (AB 32). When enforcement actions occur, we respond to alleged violations by drawing on our successful resolution of numerous enforcement actions brought by local air districts, the California Air Resources Board, the U.S. EPA, and the U.S. Department of Justice. We also advise on the disclosure requirements for greenhouse gas emissions under SB 253 and SB 261.
Proposition 65
Our work in this area began at the Proposition’s inception in 1986. We assist manufacturers, distributors, retailers, and trade associations in litigation, counseling, and negotiations both inside and outside California.
We recognize that the response to a Proposition 65 notice or lawsuit depends first and foremost on a client’s business objectives, and we develop defense strategies to help clients achieve those objectives. We have handled some of the most significant Proposition 65 cases in California, including the first case heard by the California Supreme Court and the first trial addressing testing methods for lead. With success at trial and on appeal, we often resolve Proposition 65 cases without litigation, working with clients to develop proactive compliance strategies and to avoid the risk of litigation entirely.
Compliance Counseling, Permitting Assistance, and Regulatory Advocacy
We work with clients and technical consultants to assess and improve compliance with environmental laws and regulations governing water quality, air quality, and hazardous materials and waste. We have conducted numerous assessments and audits, producing user-friendly products rather than long legal documents and memoranda. We also assist clients in obtaining the local, state, and federal permits necessary to run their operations. In the water quality area, these include NPDES point source discharge and stormwater permits. We also represent clients in obtaining RCRA and other required permits for the operation of hazardous waste treatment, storage, and disposal facilities. We have helped clients obtain necessary air permits for the operation of industrial and other commercial facilities.
We understand that regulatory compliance depends on effective communication and training at all levels of an organization and is no easy feat for companies operating in heavily regulated jurisdictions like California. The challenges are particularly intense for small companies falling under complex and overlapping regulations, but with limited managerial and engineering resources. We know how to work closely with CEOs as well as field and technical employees to help companies use their limited resources wisely in implementing cost-effective compliance programs.
Our personal working relationships with regulators enable us to raise clients’ issues to the proper level and give us the credibility to advocate clients’ positions effectively. When appropriate, we team with seasoned lobbyists to provide clients a powerful combination of substantive experience and access to the legislative process. We also have productive relationships with numerous regulatory agencies, including the U.S. EPA, the State Water Resources Control Board, and the California Air Resources Board.
California has a long history of air quality regulation, and as a California law firm we have been litigating on the front lines of this area for decades. Our lawyers include former regulators and experienced environmental attorneys who have a wealth of knowledge about how air quality regulations apply and how enforcement works. This experience allows us to develop targeted, effective compliance solutions. In addition, we have long-standing relationships with seasoned technical experts who support our legal team in evaluating compliance concerns.
Air quality laws and regulations pose some of the most complex legal challenges that businesses face. The scope of the regulations range from traditional stationary sources like manufacturers and industrial processes, to truck and vehicle fleets, to indirect sources that attract vehicle traffic like shopping centers and warehouses. Deepening the complication is that these regulations are adopted by the federal government, the state, regional and local governments.
Navigating air quality issues requires a deft touch, and we help clients advance their business interests by monitoring and attempting to improve air quality legislation, regulations, and guidance that impact their operations. We understand that regulatory violations can result in significant penalties, require expensive and disruptive retrofit requirements and, in extreme cases, shut down facilities altogether; as such, our expertise focuses on developing comprehensive and practical defensive strategies.
When litigation is necessary, we defend clients in enforcement actions brought by local air districts, the California Air Resources Board (CARB), and the U.S. EPA. Alternatively, and when circumstances so warrant, we bring litigation against these agencies to advance our clients' interests. Importantly, while we vigorously litigate complex cases, we also focus on resolving matters through practical, cost-effective settlements.
Experience
- Accidental releases (including the CAA General Duty Clause and CalARP enforcement)
- AQMD/CARB/EPA Notices of Violation (NOVs)/Orders for Abatement/Variances
- California’s Global Warming Solutions Act (AB 32) and Prodigies
- Consumer Products
- Construction Portable Equipment and Operations
- Criminal defense and internal investigations
- Hazardous air pollutants (NESHAP/MACT standards)
- Health Risk Assessments
- Indirect Source Regulations/Trip Reduction Strategies
- Stationary Source/Equipment Permitting
- Title V Federal Operating Permits
- Truck and Vehicle Fleet Regulations
Representative Clients
- Agriculture
- Aircraft maintenance and production
- Asbestos abatement
- Bulk storage facilities
- Chemical manufacturing
- Cogeneration
- Construction
- Food manufacturing
- Industrial gas production
- Mining
- Port operations
- Power production
- Rendering
- Solid waste management
- Transportation and logistics
- Utilities
Representative Matters
- Assisted clients with U.S. EPA and CARB audits of transportation fleet for evaluation of compliance with Truck and Bus Regulations
- Represented a multinational chemical corporation in Clean Air Act NESHAP (Hazardous Air Pollutant) rulemaking and in judicial and administrative review of MACT standard
- Represented a food growers’ cooperative in retrofit of cogeneration facility that generated $1 million in emission credits under California’s Cap-and-Trade Program for greenhouse gas emissions
- Defended a company against alleged violations of Clean Air Act and other state and federal laws arising from the accidental release of anhydrous ammonia gas
- Advised a ferry operator regarding compliance with CARB air toxics emissions regulations
- Advised an industrial gas producer regarding the implementation of the Cap-and-Trade Program under California’s Global Warming Solutions Act
- Represented a consumer products company in connection with alleged violations of CARB Consumer Products Regulation
- Provided defense and compliance assistance for a food manufacturer accused of violations of CARB Refrigerant Management Program
- Defended several coal-fired power plants against alleged violations of the Clean Air Act and AQMD rules
- Represented a natural gas-fired peaking power plant in permit negotiations with an Air Quality Management District
- Represented an aircraft operator against charges of testing aircraft engines as a stationary source without an air permit
- Represented a solid waste management site against charges of emitting methane gas without an air permit
- Represented an industrial cleanup site in connection with compliance for emissions from air stripping towers for trichloroethylene (TCE) treatment
- Represented a rock quarry in connection with air emissions compliance issues
- Represented an asbestos removal company in investigation by the district attorney of alleged illegal disposal of asbestos waste
- Represented an asbestos removal company in obtaining numerous permits for the removal of asbestos
Drawing on extensive experience advising companies and individuals in this area, our attorneys are adept at recovering costs from other responsible parties and insurance carriers. We offer practical solutions regarding all types of properties—from gas stations to federal Superfund sites—for clients that include publicly traded companies, regional and national developers, property owners, small businesses, food companies, public agencies, and private investors.
We have dealt with matters pertaining to the most contaminated properties in California, including highly sophisticated transactions and redevelopment projects for some of the largest companies in the country. Our deep understanding of how to help clients navigate the associated complexities in this area of law encompasses local regulatory agencies as well as major ones in California such as the Regional Water Quality Control Boards, the DTSC, and the State Water Resources Control Board.
Experience
- Superfund site remediation, cost recovery litigation, and cost allocation
- Soil vapor intrusion
- Cleanup of contaminated sediments impacted by hazardous substances such as PCBs, heavy metals, and PAHs
- "Brownfields" redevelopment projects
- Groundwater contamination and treatment, including related litigation
- Site closure
- Real estate and M&A transactions involving contaminated properties, including preparation and negotiation of environmental and indemnity agreements
- Military base closure and redevelopment
- PLL policies (both negotiation of terms and tender of claims)
- Emerging contaminants: Per- and Polyfluoroalkyl substances (PFAS); 1,2,3-Trichloropropane (TCP)
- Lead-based paint and asbestos abatement
- Response to Regional Board regulatory enforcement
Representative Matters
- Represented a federal facility in regulatory matters and the cleanup cost related to investigation and remediation of major Superfund site in EPA Region 9
- Advised an aerospace manufacturing company regarding the investigation and remediation of groundwater contamination and potential vapor intrusion issues at its facility; represented the company in regulatory matters with the Regional Water Quality Control Board
- Represented a public entity in the large-scale remediation of lead contamination under DTSC supervision
- Advised private investors regarding the potential environmental liabilities associated with the acquisition of assets of a bankrupt San Francisco manufacturing company
- Represented a property owner in lease negotiations for a commercial/industrial property subject to environmental investigation
- Represented a water district affected by PFAS; successfully concluded a four-year effort to resolve PFAS-impacted groundwater issues with an amendment to the Federal Facilities Agreement
- Represented a real estate developer in litigation against the adjacent property owner and dry cleaner operators seeking damages stemming from long-term groundwater contamination dry cleaner operators seeking damages stemming from long-term groundwater contamination
Our lawyers work with highly qualified technical experts to interpret complex scientific and engineering issues in environmental cases and to explain those issues to prosecutors (when requesting a non-prosecution decision), or judges and juries (when the case goes to trial). Our specialized experience includes responding to subpoenas, target letters and other government inquiries, designing and conducting privileged internal investigations, negotiating pre-filing resolutions, and trying cases.
The overlapping laws, regulations and guidance documents used by the U.S. EPA and state environmental agencies to prosecute organizations and individuals can make these cases quite complex. We understand the intricacies of environmental permits, and environmental data, working closely with in-house counsel and executives to articulate the specific objectives of an investigation and keep it on track. We also help companies balance the interests of full and complete cooperation with the protection of individual rights to ensure the provision of accurate information to investigators in stressful and fast-moving situations.
Our experience also includes conducting internal investigations in response to government enforcement actions, whistleblower accusations, and internal corporate inquiries. We have done this during complex parallel proceedings while representing the company and its employees (pursuant to a joint defense agreement), for companies who have hired counsel for individual employees facing potential prosecution, and in many other challenging situations. We have defended against criminal cases in federal and state court, as well as litigated against U.S. attorneys’ offices, the Department of Justice, numerous California district attorneys’ offices, and the California attorney general’s office.
We know that a successful internal investigation requires the early identification of goals, development of an investigative plan with in-house counsel and/or company executives, careful management of the investigation to ensure it stays on track, retention of specialized professionals when necessary, and completing the investigation quickly and cost-effectively. We have investigated alleged environmental crimes, reporting violations, obstruction of justice, financial fraud, and public corruption.
Representative Matters: Environmental Crimes
- Represented a public agency in a federal criminal investigation of alleged violations of the Clean Water Act and reporting laws. No charges were filed.
- Represented a company and its employees in a federal criminal investigation of alleged violations of the Endangered Species Act relating to the importation and sale of listed species. No charges were filed.
- Represented an individual in a federal criminal investigation of alleged violations of Section 404 of the Clean Water Act for unlawful filling in waters of the United States. No charges were filed.
- Represented a company in an action by the district attorney alleging unlawful disposal of hazardous waste. Resolved case via civil settlement.
- Represented a company in action by the district attorney alleging violations of the California Accidental Release Prevention program. Resolved case via civil settlement.
- Represented an individual in a state criminal prosecution for the alleged taking of listed species. Charges were dismissed.
- Represented an individual in a federal Clean Water Act prosecution for alleged falsification of reports and unlawful discharges to water. Negotiated resolution of the case and a reduction in the Sentencing Guidelines calculation based on ambiguities in the discharge permit.
- Represented an individual in a state prosecution for overfishing. Probation granted.
- Represented a chemical company in parallel criminal/civil and state/federal investigations for labeling and marketing violations under pesticide laws. Resolved case via misdemeanor plea.
- Represented an employee in an investigation and prosecution under the Act to Prevent Pollution from Ships for alleged dumping of oil in the ocean. Case was dismissed.
- Represented a smelting company and its president in the investigation and prosecution by the U.S. Department of Justice under the Resource Conservation and Recovery Act and international export laws for alleged illegal transport and export of hazardous waste and illegal dumping of hazardous waste. Obtained jury acquittals of all defendants after a six-week trial.
- Represented an irrigation district and five individuals in the investigation and prosecution by the U.S. Attorney under Sarbanes Oxley and fraud statutes alleging that the district had filed false records of water deliveries with the United States. Charges were dismissed after motions were filed.
- Represented a state political subdivision against federal criminal charges by the U.S. Attorney for alleged retaliation against alleged whistleblowing employees, who had reported the falsification of records to an agency of the United States and were subsequently terminated by the political subdivision. Case was dismissed after presentation to the prosecutor.
- Represented an Air Force general officer against allegations by the Federal Bureau of Investigation of covering up a release of highly radioactive material into the atmosphere. No charges were filed.
- Represented companies and individuals facing prosecution under the California Porter-Cologne Water Quality Control Act for alleged violations of municipal and storm water permits and unlawful discharges to water bodies.
Representative Matters: Internal Investigations
- Conducted an internal investigation of alleged air violations made by an internal whistleblower and provided recommendations for improved compliance protocols for a major company.
- Conducted an internal investigation for a quasi-governmental agency under federal investigation by the U.S. EPA for alleged Clean Water Act violations while coordinating joint defense with counsel for executives and managers facing potential felony prosecution.
- Conducted an internal investigation for a quasi-governmental agency under state investigation for alleged water and species violations while representing the organization and employees under a joint defense agreement.
- Conducted an internal investigation for a company after the major air release of a chemical in preparation for negotiations with the district attorney’s office, the U.S. EPA, the Air Quality Management District, a neighboring company, and an injured individual.
- Conducted a multi-facility audit for a biotechnology company regarding possible violations of environmental laws governing the use and reporting of chemicals, and developed a reporting strategy and protocols to minimize potential penalties.
- Designed and conducted periodic facility audits for submission to the U.S. EPA, the U.S. DOJ, and a private adverse company under federal, state, and local emergency planning, worker safety, and hazardous materials management laws, as well as applicable safety and building codes.
- Conducted an extensive confidential internal investigation while under indictment for alleged activities of 50 employees that resulted in erroneous records being filed with an agency of the United States regarding water deliveries at a federal reclamation project.
- Conducted an extensive privileged internal investigation while under the threat of prosecution by the U.S. Attorney regarding termination of 25 employees who were identified as whistleblowers in a federal prosecution.
- Conducted an internal investigation of the release of highly radioactive material to the atmosphere in response to threatened charges from the Federal Bureau of Investigation and a U.S. Senate subcommittee investigation of the release.
- Conducted an investigation of the alleged illegal dumping of hazardous waste in several dozen areas of a northern California city in response to potential charges by state agencies of illegal dumping.
Hanson Bridgett has significant experience handling Proposition 65 matters. Our attorneys have represented clients in Proposition 65 cases since the Proposition’s inception in 1986. We assist clients with litigation, counseling, and settlement negotiations, and represent manufacturers, distributors, retailers, and trade associations in a wide range of industries both inside and outside California.
We have handled some of the most significant Proposition 65 cases in California and have been successful both at trial and on appeal. We bring experience and zealous advocacy to bear on our clients’ Proposition 65 litigation needs and develop defense strategies that achieve our clients’ business and litigation objectives. In addition, we pride ourselves on our ability to resolve cases without resorting to litigation.
California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65)
Proposition 65 requires manufacturers, processors, distributors, and retailers that do business in the State of California to comply with specific warning requirements and discharge prohibitions. The standards for establishing a violation are unique, and consequently, require legal advice from attorneys well-versed and experienced in the Proposition. Our attorneys have extensive experience defending Proposition 65 cases and keep up-to-date on the latest legal developments, including proposed regulatory charges with the potential to affect anyone who does business or sells products in California.
Proposition 65 also contains an unusual provision that allows private citizen groups to collect a portion of the fines levied in each case, as well as attorneys’ fees and costs. Our attorneys have defended businesses against dozens of cases brought by these private “bounty hunters,” as well as cases brought by the California Attorney General.
Our firm has provided Proposition 65 representation to companies in a wide range of industries, including:
- Apparel
- Auto parts and supplies
- Consumer products
- Cosmetics and personal care products
- Electronics
- Food manufacturing and distribution
- Jewelry and watches
- Outdoor power equipment
- Plumbing products
- Property management
- Sporting goods
Highlights of Prop 65 Experience
- Acted as coordinating counsel in the first Proposition 65 case decided by the California Supreme Court, People v. American Standard, Inc., for a Joint Defense Group of 23 faucet manufacturers and importers. Our attorneys represented the joint defense group, as well as six separate plumbing manufacturers and importers in the defense of claims that their brass or bronze plumbing products leached lead into sources of drinking water. The case proceeded to the California Supreme Court with Hanson Bridgett attorneys representing a national trade association, the Plumbing Manufacturers Institute, as amicus curiae. We successfully resolved the case on behalf of our clients prior to appeal. In two additional rounds of litigation, we successfully negotiated settlements for our clients. These cases were brought by the Natural Resource Defense Council.
- Successfully defended seven plumbing fixture manufacturers and importers in the first case under Proposition 65 that addressed the testing protocols used to carry the plaintiff’s burden. The case was tried on the issue of whether the plaintiff’s methodology to test for lead leachate from valves was an appropriate test under Proposition 65. The trial court ruled that the test was not appropriate and dismissed the case with prejudice, a ruling that was upheld on appeal (As You Sow v. Industries, Inc., 135 Cal. App. 4th 431 (2005)).
- Successfully forged the legal strategy that was used to bring the American sportfishing industry into compliance with Proposition 65. We represented the American Sportfishing Association defending allegations of lead exposure from fishing tackle. We obtained the dismissal of four companies and negotiated favorable settlements for seven additional companies, establishing a consumer warning program that is fully compliant with Proposition 65.
- Defended a fishing tackle manufacturer in an action brought by a private plaintiff. The case involved allegations that the manufacturer was in violation of a consent judgment that had been entered into with the California Attorney General. After we enlisted the assistance of the California Attorney General in support of the client’s position, the plaintiff filed a dismissal of the action with prejudice.
- Participated as amici curiae counsel on behalf of several plumbing manufacturers in Mateel Environmental Justice Foundation v. Edmund A. Gray Co. This case involved appropriate test methodology under Proposition 65 and the admissibility of the California Lead and Copper Rule.
- Negotiated a settlement with Citizens for a Better Environment in a matter involving coating material that contained hazardous chemicals used on outdoor furniture. The manufacturer agreed to replace its coating materials and to use wood that was certified as environmentally safe.
- Counseled trade associations and numerous individual companies setting up worker safety programs, developing consumer warning programs, and assisting in reformulation of products to eliminate or reduce the amount of Proposition 65 listed chemicals in the products.
- Represented cosmetics company in settlement of private litigation involving shampoo and liquid soap products. The settlement allowed the company to resolve the litigation without the expenditure of significant resources based on the company’s commitment to reformulate its products in a manner consistent with its sustainable business practices.
- Represented a number of major ceramic ware manufacturers in People v. Josiah Wedgwood & Sons. The case involved allegations of lead leaching from the manufacturer’s products.
- Represented electronics manufacturer in settlement of private party litigation. The settlement allowed the company to resolve the Proposition 65 litigation based on compliance with the EU’S RoHS directive, allowing the company to implement uniform global lead-free product standards.
Hanson Bridgett has decades of experience representing public agencies, private companies, and individuals in all areas relating to water, including highly complex water rights, water quality and water resource issues. Clients include water districts, irrigation districts, municipalities, reclamation districts, groundwater sustainability agencies, farmers, ranchers, investors, lenders, developers, and construction materials producers. We represent our clients’ interests in California and throughout the West.
Litigation
Our philosophy is to seek solutions to problems that avoid disputes and litigation whenever possible. But when necessary, we will be tenacious advocates for our clients. We have litigated numerous water rights matters including those involving the adjudication of groundwater rights, the adjudication of surface water rights, defense of groundwater sustainability plans, groundwater banking operations, groundwater ordinances, as well as related environmental and endangered species issues. We have represented numerous clients in both state and federal court, as well as in administrative proceedings before the State Water Resources Control Board (SWRCB or State Board) and its Administrative Hearings Office.
Water Rights
Hanson Bridgett attorneys have a deep understanding of the complexities and nuances of California's water rights system. We have worked to obtain new water rights before the State Board, evaluate historical "pre-1914" water right claims, analyze the scope of riparian water rights by chain of title, and comply with evolving State Board orders and regulations.
We also assist landowners and investors by performing due diligence on extent and scope of water rights. This work is frequently done for private equity groups, lenders and pension funds and involves presentation of in-depth analysis and reports to investment committees.
Groundwater
We assist public agencies and private clients with groundwater issues, including implementation of the Sustainable Groundwater Management Act (SGMA) and basin boundary modifications. In this area, we have formed and represent numerous groundwater sustainability agencies, and counselled agencies and landowners regarding the development and implementation of groundwater sustainability plans. We also represent clients in the defense of groundwater sustainability plans in state court, as well as defending the adequacy of plans before the State Board.
Water Quality
Our water expertise extends to water quality issues as well. We represent clients in California with permitting compliance for wastewater, stormwater, recycled water, produced water, agricultural, and dredge/fill discharges to surface water, groundwater, and wetlands under the Clean Water Act, California’s Porter-Cologne Water Quality Act, and Safe Drinking Water Act. Our attorneys also act on behalf of local regulators to enforce state and federal clean water laws.
Environmental & Endangered Species
Our water attorneys represent numerous public agencies in environmental compliance and litigation, including matters involving the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). We also represent clients in permitting and litigation involving the federal and California Endangered Species Acts (ESA), and lake or streambed alteration agreements with the California Department of Fish & Wildlife.
Flood
We assist clients faced with impacts from floodwaters and impacts to stormwater infrastructure, levees, and dams, including property damage that may result. This representation requires working closely with the Army Corps of Engineers, Department of Water Resources, and local flood control agencies, and understanding both what is legally and technically required for protecting health, property, and the environment. And when necessary, we will pursue claims for clients that seek compensation for property taken by or damaged from floodwaters.
General Counsel
Hanson Bridgett has served as general counsel to water and wastewater agencies for decades and provide full service representation to both retail and wholesale entities. For more information on our general counsel capabilities please see our Municipal and Public Agency Practice page. In addition, the firm has expertise in all elements of water and wastewater infrastructure construction and financing; for more information please see our Infrastructure Practice page.
Water Rights Experience
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Surface water diversions, including fish screens
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Surface water reservoirs, including fish passage facilities
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Surface water transfers
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Sustainable Groundwater Management Act compliance
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Groundwater adjudications
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Large-scale groundwater appropriation and interbasin transfer projects
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Conjunctive use programs, including groundwater recharge with both native and imported water
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Banking arrangements in off-site groundwater storage
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Groundwater contamination investigation and remediation
Water Infrastructure Experience
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Recycled water production, acquisition, transmission and distribution
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Desalination of brackish groundwater
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Water and wastewater treatment plants – construction, permitting, and compliance
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Hydroelectric power generation
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Infrastructure projects requiring in-water or over-water work
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Sewer infrastructure project planning and sanitary sewer overflow (SSO) response actions
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Levee and stormwater infrastructure maintenance and management before and during flooding
Water Supply & Clean Water Experience
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Rate structure design and Prop. 218 compliance
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Wholesale-retail water supply contracts
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Safe Drinking Water Act compliance
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Urban Water Management Plans
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Groundwater Sustainability Plans
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Water Supply Assessments (under SB 610)
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Water availability analysis
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Water conservation measures and rationing ordinances
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Lake and Streambed Alteration Agreements (Fish and Game Code section 1600)
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Interagency consultation and incidental take permitting under the Endangered Species Act
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Unavoidable impacts to wetlands and creeks
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Conservation and mitigation banking
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Wetlands delineation and protection
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Dredge and fill Permits under the federal Clean Water Act
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Clean Water Act Section 401 water quality certifications
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Porter-Cologne Act Waste Discharge Requirements and Water Reclamation Requirements
Family Wealth Planning
For more than 60 years, Hanson Bridgett has helped clients realize their goals related to managing and protecting assets via thoughtful and tailored legal advice spanning all aspects of family wealth. Hanson Bridgett's lawyers guide clients in areas such as formulating a comprehensive estate plan, succession planning for family businesses, providing for future generations, protecting vulnerable family members, mitigating taxes where appropriate and planning for charitable giving.
We understand that each client’s situation is unique, and we work closely with individuals and families to help devise a plan that addresses their distinct values and priorities. Our services extend far beyond drafting the basic documents that comprise an estate plan; rather, we develop ongoing relationships with our clients, advising them through changes in tax laws, as well as changes to their lives and priorities, all while helping them navigate family dynamics and other interpersonal challenges inherent in this area of the law.
Our Services
We are versatile in tailoring a plan that is both flexible and suited for each client's particular stage in life, whether planning for a young family, guiding founders through a liquidity event or revisiting priorities as clients welcome grandchildren. We then assist in implementing the plan as a client moves through the stages of life and following death.
We have extensive experience in estate, gift and income tax planning, as well as considerable experience with complex assets, including pre-IPO stock, equity compensation awards, carried interest, concentrated real estate holdings and family businesses. We also regularly counsel clients with unique family situations, such as blended family households.
When the time comes, we assist families with post-death trust and estate administration. We assist our clients as they follow the road map created under the trust agreement, including advising trustees on their fiduciary duties, guiding trustees with respect to the transfer of assets and preparing estate tax returns and other documentation to comply with ever-changing tax laws.
Regardless of the circumstances, we work collaboratively with our clients, their families, our colleagues and outside advisors as necessary to formulate creative and thoughtful approaches to planning for and protecting family wealth and for putting those plans into action.
Our Clients
Our clients include families that our firm has counseled for generations, ushering them through the shifts in local, state, federal and international tax laws. A growing segment of our clientele include those in the sectors of technology, venture capital and private equity, as well as clients who are not U.S. taxpayers or have an increasingly global presence. These situations require sophisticated tax and estate planning, which we provide in collaboration with our firm’s tax group and counsel in foreign jurisdictions.
Our firm offers comprehensive legal services, counsel, and guidance to clients looking to set up and manage family offices, pooled investment structures, private trust structures, and foundations to accomplish their family business, investment and philanthropic objectives.
We understand that family offices have the same complexity and regulatory requirements as other investment companies but with an eye on longer-term goals such as generational sustainability and keeping family values intact. Our multidisciplinary approach includes attorneys from a broad range of practice areas who have experience with the nuances of helping family businesses achieve their goals throughout their entire enterprise cycle.
Experience:
- Asset protection advice and planning
- Conflict resolution
- Corporate and business law
- Business or holding company formation
- Employment matters
- Employee benefits and executive compensation for family members and other stakeholders
- Exit strategies
- Family wealth planning
- Intellectual property protection
- Real estate
- Regulatory compliance
- Succession planning
- Tax
Our attorneys represent major financial institutions, lenders, mortgage brokers, and other businesses in the finance sector in complex financial transactions across a broad spectrum of industries. We work hard to understand each client’s business so that we become both a trusted advisor and a valued partner.
Experience
- Appellate
- Bankruptcy, creditor’s rights
- Financing
- Commercial finance
- Consumer finance
- Insurance recovery
- Intellectual property
- Labor & employment
- Lending
- Litigation
- Loan documentation
- Privacy and cyber-security
- Real estate & construction
- Workouts
- Trusts & estates
Financing
We represent financial institutions, lenders, and borrowers in drafting and negotiating promissory notes, deeds of trust, loan agreements, environmental indemnity agreements, security agreements, and other conventional or special purpose loan documents relating to the acquisition and refinancing of real property, personal property, and business operations. We also negotiate and document line-of-credit and related instruments, assisted in the development of financial and business plans, and provide advice on alternative debt and equity financing arrangements.
Lending
Our lawyers understand financial markets and stay abreast of emerging financial products. We represent lenders and borrowers in negotiation and documentation of a wide array of loans, workouts, loan restructurings, “mini-perm,” and permanent take-out financing, lines of credit, guaranties, and other credit facilities. We also structure equity financing joint ventures and hybrid equity/mezzanine financing undertakings. Our attorneys represent lenders in general real estate transactional matters, including commercial and retail leasing. We arrange tax-exempted bond financings for our nonprofit clientele. For public sector clients, we specialize in securing project-specific federal and state grant funding.
Bankruptcy and Creditor's Rights
Our attorneys represent commercial creditors and real estate owners and managers in bankruptcy cases nationwide. We provide our clients with efficient analysis of bankruptcy proceedings and developments, the requisite economies of scale, and the ability to respond and act quickly.
We provide strategic advice and advocacy when clients encounter opposing parties in financial distress or insolvency proceedings – including cases under chapters 7, 11, and 13 of the Bankruptcy Code, and state court proceedings after an assignment for the benefit of creditors. Notably, our firm has considerable experience in bankruptcy cases involving real estate. We resolve time-sensitive cases and disputes involving issues of possession, lease assumption, and rejection. Our goal is to make sure each client is in the most advantageous position possible to address the problems created when a commercial tenant files bankruptcy.
Labor & Employment
Our exclusive focus here is on management-side employment law. We partner regularly with clients in the financial services industry to ensure they stay ahead of the fast-changing employment laws in California. Our reputation for strategic thinking, problem-solving, and leading-edge advocacy stems from providing a comprehensive range of services, including complex class action litigation defense, single and multi-plaintiff litigation defense, representation in arbitrations, and employment law advice and counseling. We also conduct workplace investigations and training, as well as audits of workplace policies and practices. Our attorneys defend employers against administrative claims and investigations by the Department of Labor, EEOC, California EDD, the DLSE, and others.
Privacy and Data Security
In the world of ever-changing privacy and data security laws, our attorneys stay abreast of the latest changes to ensure clients are always prepared. We advise financial services clients in areas of privacy applicable to IT/technology, data security, financial privacy, health privacy, consumer privacy, employment privacy, litigation, and transactions. We also advise clients on how to protect proprietary and customer confidential information and guide them through all steps of information governance and risk management, such as the development and implementation of preventive measures, policies and procedures, technology selection and validation, the placement of cyber-liability insurance, and pursuit of claims under these policies. In addition, we help clients investigate and respond to data breaches and represent them in related litigation.
Litigation
Our attorneys take a proactive approach to litigation in order to identify and create choices for resolving disputes while helping the client identify and manage the risks and benefits of each particular path. Our experience includes customer disputes related to secured and unsecured loan products, the handling of checks and deposit accounts and collections, and the recovery of funds related to fraudulent transfers and related disputes. We represent national and regional banks and lenders in commercial litigation, including claims alleging various business torts, unfair business claims, and alleged violations of the Truth-In-Lending Act, the Fair Credit Reporting Act, and TCPA. We also represent financial institutions in foreclosures and receiverships, and work closely with clients to efficiently manage these processes to achieve successful results. In addition, we represent lenders, servicers, trustees, and custodians in other actions affecting their interests or that of their clients in real property. This includes partitions and quiet title actions, as well as all aspects of litigation that can arise from managing, acquiring, selling, or developing real property.
Appeal
Our appellate practice group maintains a stellar record of favorable results before the California Supreme Court and in every district of the California Court of Appeal. We also successfully handle cases before the U.S. Court of Appeals for the Ninth Circuit, and we have submitted briefs to the U.S. Supreme Court. Among appellate court judges, the firm’s appellate practice has earned a reputation for the highest quality advocacy.
We are committed to advancing the growth of sustainable food and beverage enterprises that generate social and environmental impact. We partner with clients through collaborative technology solutions to manage their legal affairs.
Experience
- Product innovation and commercialization
- Co-manufacturing arrangements
- Advertising and media contracts
- Consumer privacy
- Brand management
- Licensing and enforcement
- Food labeling
- Prop 65 and other regulatory compliance
- Procurement and commercial transactions
- Facilities development
- Labor and employment matters
- Intellectual property protection
- Transportation and logistics
Representative Clients
- Emerging food and beverage companies
- Consumer packaged good manufacturers
- Agricultural producers and cooperatives
- Wineries
- Distilleries
Representing general and special purpose public agencies has been a principal strength of our firm for more than 60 years. Our deep understanding of our public agency clients’ business helps us find ways to cost-effectively achieve their objectives on a sound legal basis.
As general counsel and special counsel, we represent transportation districts, cities, water districts, community service districts, fire districts, hospital districts, joint powers authorities, local governmental agency associations, and sanitation districts.
Whether on individual assignments or as ongoing counsel, our experience also includes labor and employment law, municipal finance and rate-setting, including Prop 218, litigation, environmental laws, water supply, including water rights, transfers, recycled water and SGMA, solid waste management, real estate and land use, government reorganization, complex technology procurements, alternative project delivery, public works construction, long term operating and revenue sharing agreements, and contract negotiations.
Experience
- Administrative law
- Appellate advocacy
- Code enforcement
- Conflicts of interest
- Elections
- Eminent domain and inverse condemnation
- Employee benefits
- Environmental law
- Financial and rate setting
- Insurance recovery
- Joint powers agreements
- Labor and employment
- LAFCO issues
- Land use
- Legislation
- Litigation
- Open government laws
- Ordinances and resolutions
- Privacy, data security and information control
- Public private partnerships
- Public procurement
- Public works and infrastructure
- Real property acquisition, management and disposition
- Taxes, assessments and fees
- Technology procurements
With more than 60 years of experience guiding public agencies through major projects, controversial issues, and ethical crises, Hanson Bridgett is one of the most experienced law firms in California in helping local agencies.
Government agencies require specialized knowledge because they operate under public scrutiny and are subject to multiple layers of local, state, and federal laws and regulations. Our long-standing relationships with agency governing boards, staff, and a diverse set of entities throughout California have given us the institutional knowledge and professional experience needed to anticipate issues that can arise and to develop strategies that address them.
Our Municipal and Public Agency practice serves as both general counsel and special counsel to dozens of public entities across the state, with particularly rich experience in city governance and the transportation & transit, water, wastewater, fire, and health care sectors.
As one of the nation's premier law firms for public transit providers, we help keep buses, trains, ferries, and other means of public transportation running.
Public transportation is a critical link to work, food, medical care, and other essential services. Not surprisingly, public transit agencies are highly regulated entities. As legal counsel for many of these agencies in California, we bring more than six decades of experience navigating the changes, nuances, and practical application of the rules and regulations. This has given us invaluable credibility when stepping in to handle major complicated or controversial issues, or when agencies receiving federal grants undergo periodic audits.
We serve as both general and special counsel to transportation and transit agencies throughout California. We advise clients on all types of day-to-day functions and transactions, whether in the realm of transportation infrastructure and investments, transit service operations decisions, or board practices and procedures. We also handle litigation and labor and employment work, assisting transit agencies with negotiations, discipline, and other issues. Additionally, we help clients comply with local, state, and federal rules pertaining to contract negotiation and management, procurement of equipment and services, and reallocation of resources.
We also assist with major infrastructure projects, litigation, construction, accessibility and civil rights compliance, and other issues.
Experience
- Golden Gate Bridge seismic retrofit, moveable median barrier, suicide deterrent system, and electronic toll collection system
- Real property acquisitions, including rail corridor acquisitions and extensions (both voluntary and eminent domain)
- Regional and high-speed rail planning
- Regional fare systems and integration
- Bus rapid transit projects
- Infrastructure projects, including transit-oriented development, joint development projects, public-private partnerships, and design-build
- Civil rights
- State and federal civil rights laws compliance and litigation, including ADA, Title VI, and First Amendment
- Electrification infrastructure and zero-emission fleet planning and acquisition
- Express lane and other highway or road construction and project financing
- Creation, adoption, and implementation of local and regional taxes
- Contracts and procurement processes, including Buy America; DBE programs; cooperative procurements; technology contracts; maintenance; and rolling stock purchases for bus, train, and ferry
- Transit service and safety regulations for buses, ferries, railroads, shuttles, vanpools, and taxis, among others
- Employee benefits programs and tax considerations
- Labor and employment law, including 13(c) labor protection claims, negotiations, and employee discipline
- Environmental laws, including CEQA and NEPA
- Ethics training and compliance
- Federal and state funding grant administration and audits
- Insurance and indemnity
- Joint exercise of powers and other intergovernmental agreements
- Protection of intellectual property and privacy
- Legislative drafting
Representative Clients
- Golden Gate Bridge, Highway and Transportation District
- San Mateo County Transit District (SamTrans)
- Peninsula Corridor Joint Powers Board (Caltrain)
- San Mateo County Transportation Authority
- Central Contra Costa Transit Authority (County Connection)
- Metropolitan Transportation Commission
- Southern California Regional Rail Authority (Metrolink)
- Santa Clara Valley Transportation Authority (VTA)
- Santa Cruz Metro Transit District
With our years of experience, we understand how important ethics are to the functioning of any public agency—public confidence is essential to any agency’s operations. We help public agencies develop a culture of professionalism and integrity through education, awareness, and prevention.
We routinely provide ethics counsel in three areas: training, advice and counseling, and crisis management.
Training
We train agency staff and public officials to instill in them a professional moral compass and steer them away from potentially problematic conduct. We provide training on the Political Reform Act, Government Code 1090, and all areas of AB 1234 compliance. These trainings, many of which use examples drawn from our firm's first-hand experience in the numerous areas of law in which ethical issues can arise, are often interactive and include guidance on the ethical requirements of:
- Procurement and contracting
- Financial policies, such as reserve requirements and rate-setting
- Conflicts of interest
- Election law and campaign contributions
- Brown Act and open meeting requirements
- Labor and employment issues, including whistle-blower protection and confidentiality
- Accessibility and non-discrimination requirements
- Advocacy and government relations
Advice & Counsel
We provide counseling when an independent and unbiased evaluation and investigation is called for, ranging from analysis of conflicts of interest to investigation of a formal ethics complaint lodged against a public official. We are ethics advisors to two of the largest cities in California and to countless other cities and public agencies throughout the State. We interpret both local and State law and advise on matters implicating ethics, conflicts of interest, campaign finance, and all related issues. We also regularly assist institutions in developing guidelines, recognizing potential hazards, and responding to charges of ethical wrongdoing.
Crisis Management
We are often the first phone call in crisis situations when a public official or employee is accused of serious misconduct. When a public figure is charged with ethical wrongdoing, we help devise a strategy for the best course of action in addressing the problem and restoring public confidence. These situations often draw media attention, which can hamper an investigation. Working quickly and efficiently, we advise public officials on what their authority is in the situation, what measures they can take, and how they can ensure that the public agency continues to serve the public during a challenging time.
Our team of seasoned trial and appellate attorneys has prosecuted and defended some of the most challenging, complex, and high-profile cases involving governmental agencies and the public sector. Drawing upon decades of collective experience, we guide clients through the process of both defending and bringing lawsuits on behalf of public entities.
The public sector as a whole, and local public agencies in particular, face many legal, political, and policy issues that do not arise in the private sector. Hanson Bridgett has specialized knowledge and experience in handling these matters, and are sensitive to the fact that our public agency clients are often accountable to multiple boards, the public and community at large, the media, elected officials, and other constituents. Our clients depend on our specialized understanding, local knowledge, and keen instinct for practical solutions. We are particularly skilled in thwarting and aggressively defending high profile, high impact litigation and working with elected officials and staff to seek creative solutions to resolve public controversies.
Whether through negotiation, mediation, arbitration, or litigation, we handle all types of disputes facing the public sector, from First Amendment and voting rights suits, to the right to acquire property for a public project, or defend against a catastrophic personal injury claim.
Experience
We litigate individual, multi-plaintiff, and class action claims involving a broad spectrum of issues. Below are some recent examples of types of matters we are litigating:
- Breach of contract, including Joint Powers Agreements and inter-agency Memoranda of Understanding
- Challenges to fees, charges, assessments, and taxes
- Eminent domain and inverse condemnation
- Environmental claims, including under the California Environmental Quality Act and the Hazardous Substances Account Act, as well as their federal counterparts (see our Environmental page)
- Labor and employment actions, particularly wage and hour claims
- Employee benefits matters, including pension and retiree benefits
- Constitutional and administrative claims, including class actions involving California Government Code §11135 and Title VI (42 U.S.C. § 2000d), 42 U.S.C. § 1983
- Eighth and Fourteenth Amendments, including civil rights challenges pertaining to the delivery of medical and mental health care in correctional settings
- Right to privacy under the U.S. and California Constitutions
- Personal injury and catastrophic loss suits
- Real estate, including boundaries, encroachments, and land use disputes
- Public works of construction claims
- Energy, and water resource matters
- Civil rights claims
- Challenges to local ordinances
- Enforcement of local ordinances and permits
- Voting Rights Act matters
- Americans with Disabilities Act compliance
- Appellate challenges
Our firm has decades of experience representing institutional investors of all types and sizes with a wide variety of investment activities. Our experience spans hundreds of transactions ranging from the low end at $10 million into the multi-billions.
Our approach to these matters is highly unique and customized as a result of our experience working on both sides of the table. Our attorneys have represented managers and fund sponsors as well as institutional investor clients. Many engage us again and again because we operate as a partner and add value as a strategic advisor.
The co-chairs of this practice group each has more than 20 years of experience in investor-side legal work, which is a key reason some of the largest institutional investors in the world choose to work with us.
Experience
- Structuring and tax planning in connection with investments
- Negotiating investments in virtually every type of pooled investment vehicle on the market, including private equity, venture capital, hedge funds, real estate funds, and negotiation and structuring of direct investments
- Negotiating and structuring co-investments
- Forming and structuring of funds of one, and other special purpose investment vehicles
- Negotiating separate account arrangements
- Preparing and negotiating investment management agreements
- Negotiating and assisting with secondary transactions
- Negotiating interest redemptions and transfers
- Fiduciary counseling and advice
- Structuring and advising on joint ventures
- Preparing and negotiating various ancillary agreements related to the above
Representative Clients
- Large public and private pension funds
- Leading universities
- Funds of funds
- Nonprofits and endowments
- Corporate/strategic investors
- Family offices
- High-net-worth individuals
Our firm has handled thousands of claims against insurance companies, helping clients recover money for losses suffered, for the legal costs of defending themselves in litigation, and for settling claims or satisfying judgments. We know how to quickly evaluate a claim, gauging its dynamics and understanding each client’s pressure points in determining whether to negotiate or litigate.
We know how insurance companies operate and how to devise the best strategy for recovering funds without incurring excess costs or engaging in unnecessary conflicts. We often resolve a coverage dispute without litigation, but have the experience and resources to litigate efficiently if necessary. Working closely with our firm’s Business, Construction, Environment, Real Estate, and other sections, the Insurance Recovery group obtains results while staying mindful of the impact of litigation on companies and their executives.
We staff each case with a partner who has experience with the applicable industry and knows the types of policies involved. This has been instrumental in our recovering millions of dollars for clients in courts and arbitration proceedings throughout California and the United States.
Experience
Construction Claims
We have successfully resolved claims covering major residential, commercial, industrial, and public works projects for owners/developers, general contractors, and subcontractors. Policy and claim types include:
- Builders Risk
- Commercial General Liability (CGL)
- Delay in Completion
- Difference in Conditions
- Errors and Omissions, Professional Liability (E&O)
- Excess and Umbrella Liability
- Liability claims for bodily injury
- Pollution Liability, Environmental Remediation
- Property Damage
- Rectification and other coverages for design defects
- Wrap-ups (OCIPs, CCIPs)
Other Industries
- Food and Beverage
- Labor and Employment
- Real Estate
- Senior Housing and Care
- Shopping Centers
- Technology
- Transportation and Logistics
Other Policy Types
- Business Interruption, Time-Element Losses
- Commercial Auto, Trucking, Transportation
- Commercial Property
- Cyber Liability, Data breach
- Employment Practices Liability (EPL)
- Fiduciary Liability
- Flood
- Homeowners
- Pollution Liability, Environmental Remediation
- Product Contamination and Recall
- Representations and Warranties
Our practice spans a broad range of clearance, prosecution, transactions, litigation and dispute resolution. Our intellectual-property clients are diverse in size and enterprise, ranging from Fortune 500 global corporations to local businesses and individuals. The roster includes high technology firms, industrial companies, consumer products companies, public agencies, hospitals and industry trade associations.
We strive to be responsive, efficient, and caring. Our primary goal is to make our clients’ lives easier. We work to understand each client's business and its unique challenges. And, we tailor our approach to each client's preferences for working with outside counsel.
We are proud to be ranked in the World Trademark Review. Click here to learn more.
Patent and Intellectual Property Litigation
We successfully advocate for our clients in a wide array of intellectual property matters including patent infringement cases involving complex fields of technology. Our attorneys have litigated and tried patent infringement matters in a broad range of complex technologies including semiconductor chips, materials, and fabrication processes; semiconductor power technologies (MOSFETs and IGBTs); FLASH and DRAM devices, microprocessor designs; computer connector devices; software methods; hardware and software security; fiber optic switches; optics and optoelectronics; optical character recognition; communications and telecommunications devices; motion detector devices; packaging equipment; motors; manufacturing systems; medical gas plasma sterilizers; electrical circuits; textile chemistry; oil exploration; transportation; electronic toys; cosmetics; consumer products; and fertilizers. Our patent litigation experience spans the leading patent litigation venues and our attorneys have represented clients in a wide variety of jurisdictions, including the Court of Appeals for the Federal Circuit and the United States District Courts for the Northern and Central Districts of California, the District of Delaware, the Northern District of Georgia, the Northern District of Illinois, the Western District of Oklahoma, the Eastern and Western Districts of Texas, the Eastern and Western Districts of Virginia, and the International Trade Commission (ITC).
In addition to our patent litigation practice, our attorneys routinely represent our clients in disputes involving trademark, copyright and trade secrets; unfair competition; counterfeiting; false advertising; slander and rights of publicity and privacy. Because of this experience, we have had the opportunity to go before special courts, agencies and tribunals, including the Trademark Trial and Appeal Board, and the World Intellectual Property Organization on numerous occasions.
Intellectual Property Rights
We advise our clients on clearing, procuring, maintaining, licensing, and enforcing their intellectual-property rights across the constantly shifting landscape of patent, trademark, copyright and trade secret laws. We handle all aspects of trademark and copyright registration. We manage international trademark portfolios of clients whose brands are their key assets and police those portfolios to prevent degradation of value. We have close relationships with specialty intellectual-property firms around the world to assist our clients with particular needs in foreign locales. In recent years, we have identified, investigated, and stopped hundreds upon hundreds of infringers in the United States and abroad.
Intellectual Property in Business Transactions
We review, counsel on, draft, and negotiate all types of transactions involving technology and intellectual property. Our technology transactions range from patent and other licensing deals to joint ventures, procurements and technology transfers. We also have abundant experience in computer software licensing and publishing contracts. And, we are skilled in managing intellectual property as an asset in business structuring, mergers, acquisitions and other dispositions.
Intellectual Property on the Internet
We frequently advise on the host of issues surrounding web sites. We draft web site notices, disclaimers, terms of use and privacy policies. We tailor these to the style of the web site and for the possible exposures flowing from the nature of the site. We also work with our clients regarding Internet domain name disputes.
Our attorneys regularly defend complex class, collective and PAGA employment actions. We exclusively handle management-side litigation for small and large employers.
Class actions are operationally disruptive for employers and can be financially devastating. To that end, we recognize the value of early alternative dispute procedures, and, when appropriate, use them effectively to accomplish our clients’ goals of early resolution.
On a daily basis, we collaborate with our clients to develop lawful practices and policies that will withstand challenges in class, collective, and PAGA actions. We also leverage our breadth of knowledge and extensive experience to advise clients effectively on risk management and class action avoidance strategies, such as training and compliance audits tailored to their specific industries. We make it a point to know our clients’ industries, dedicating the resources necessary to understand their particular business practices, find solutions to the daily operational issues they face, and bring to the forefront the implications of any legal claims.
Relevant Experience
- State wage-and-hour class actions and federal Fair Labor Standards Act (FLSA) collective actions involving misclassification claims, overtime pay, bonus pay, regular rates of pay, reimbursement claims, and off-the-clock claims, such as donning/doffing claims
- Meal and rest break class and representative actions that allege CA Labor Code violations and seek multiple penalties, such as wage statement and waiting time penalties
- Private Attorneys General Act (PAGA) representative actions and claims alleging violations of the CA Unfair Competition Law
- Fair Credit Reporting Act (FCRA) class actions challenging background check forms used by employers
- Pattern-and-practice class actions alleging discrimination, harassment and equal pay claims brought under the CA Fair Employment and Housing Act (FEHA), the CA Labor Code, Title VII of the Civil Rights Act of 1964 (Title VII), and the Equal Pay Act
- Class actions challenging reductions-in-force and layoffs under the Age Discrimination in Employment Act (ADEA), Title VII and FEHA
- Civil rights defense under the Americans with Disabilities Act (ADA) Titles II and III, the California Disabled Persons Act, the Fair Housing Act, FEHA housing discrimination, the Unruh Act, Title VI, and Title IX
- Retirement benefits class actions and privacy claims brought under federal and state constitutions
As a California law firm, we have extensive experience representing clients in all phases of the California land use approval process, from simple use permits to complicated specific plan adoptions, development agreements, and other legislative approvals. We also, when the need has arisen, have litigated land use issues in state and federal court.
With respect to the entitlement process, our attorneys have developed close working relationships with agency staff and public officials across the entire State, from Humboldt County to San Diego County. With offices located in Northern California, the Bay Area, and Southern California, we have experience in most California cities and counties, and are adept at forging valuable partnerships in new jurisdictions.
We represent developers, property owners, investors, financial institutions, private citizens, and governmental entities in all aspects of development, and have helped them entitle hundreds of millions of square feet of development throughout California, including:
- Residential projects (including affordable, market-rate, faculty, work force, transitional, supportive, and other housing types)
- Life science campuses supporting international operations
- Regional hospitals
- Research and development centers
- Wineries and vineyards
- Agricultural facilities
- Innovative mixed-use development
- Mining and quarry operations
- Desalinization facilities
- Recycling facilities (handling both waste and aggregate)
- Shopping centers
- Office campuses and business parks
- Infrastructure projects
- Terminal expansions
- Race track facilities
- Solar energy projects
- Battery storage projects
- Intermodal transport facilities at California’s busiest ports
Our land use team not only has proficiency in securing approvals and conducting environmental review, but has extensive experience litigating land use matters in judicial and administrative venues. Having experience in both disciplines helps our attorneys, in entitlement matters, "see down the road" and avoid litigation risks whereas, in litigation matters, understanding how administrative records are formed has positioned our litigators formulate arguments and identify evidence with greater efficiency, comprehensiveness, and creativity.
To bring added value, we work closely and cross-train with our environmental and real estate transactional practices, enabling us to efficiently assist clients in identifying, evaluating and resolving potential environmental and real estate issues in real property acquisitions, sales and project approvals. This includes participating in clients’ due diligence by analyzing Phase 1 Environmental Assessments, title documents, and other materials to documenting existing issues to minimize risk.
Experience
- General plans, specific plans and amendments
- Zoning ordinances and amendments
- Initiatives and opposition to referenda
- CEQA and NEPA compliance
- Subdivision approvals
- Housing laws and entitlement strategies under the State Density Bonus Law and Housing Accountability Act, including under Senate Bill 330 and the Builder's Remedy
- Development agreements
- LAFCO/boundary changes
- Design review and historic preservation
- Due diligence review in acquiring, selling, leasing, and financing real estate
- California Coastal Act
- Surplus Lands Act
- Takings, exactions, dedications, and fees
- Vested rights
- Permit Streamlining Act
- Brown Act
- Prevailing Wage
- Williamson Act
- Natural resource permitting (including under the Endangered Species Act and Clean Water Act Sections 401 and 404)
- Code enforcement
- Religious facilities
Representative Clients
- Developers
- Property owners
- Investors
- Financial institutions
- Private citizens
- Governmental entities (e.g., cities, counties, water districts, transportation districts, and joint powers authorities)
Representative Matters
- Assisted multinational pharmaceutical corporation redevelop its $1 billion campus in proximity to the San Francisco Bay, including negotiation of a development agreement and coordination of environmental review.
- Assisted developers with obtaining approvals of affordable housing projects, requiring implementation of various strategies under the Housing Accountability Act, including the filing of Senate Bill 330 applications and exercise of the Builder’s Remedy.
- Assisted multiple developers in processing approval of specific plan developments in Northern California and the Monterey Peninsula, with each project consisting of thousands of residential units and hundreds of thousands of square feet of commercial and industrial uses.
- Represented a large, well-known Bay Area computer animation studio in securing a development agreement and zoning for a four- phase headquarters project.
- Represented numerous trucking terminals and other logistic facilities near California ports in securing entitlements and conducting environmental review.
- Assisted multinational company redevelop and expand its terminal in the Port of Los Angeles, including navigation of federal and state environmental review processes.
- Represented one of the West Coast’s largest recyclers of aggregate in their operations and expansion projects.
- Assisted a residential developer in obtaining local and coastal permits, including through several lawsuits and global settlement of California Coastal Act, wetland, subdivision, traffic and inverse condemnation issues.
- Represented a Bay Area city with a specific plan and EIR for mixed-use development of a local valley.
- Obtained approval of a 545 unit residential condominium project in a new 18-story building in San Francisco.
- Represented a large San Francisco hotel company in obtaining approval of a new 200 room hotel built on land leased from the City.
- Negotiated approval of a new residential/ retail project to be built above what may become a future subway station in Downtown San Francisco.
- Represented clients in the conversion of warehouses to office and multi-media use throughout San Francisco.
- Represented numerous Northern California developers in obtaining approvals for the subdivision of land, and in obtaining approvals for new condominium projects (both vertical and traditional), including the drafting of all governing documents.
- Negotiated approval of a large multi-use project in San Francisco that includes a public library, supermarket and new housing.
- Worked with a Bay Area developer on an EIR, development agreement and permits for a mixed-use, phased redevelopment of commercial uses on port lands.
- Represented a unique, mixed-use development including work-live, residential, and retail components in a coastal city known for environmental opposition.
- Represented county in litigation over vested rights claimed by riverbed sand and gravel mining operation, successfully obtaining a judgment in favor of the county.
- Successfully litigated the terms of an existing development agreement against a city on behalf of a large phased residential and office development.
- Prevailed over challenges to county’s refusal to issue unconditional certificates of compliance under the Subdivision Map Act.
- Defended in court the EIR and entitlements for a 20,000-acre residential development and open space preserve in the Carmel Valley.
- Negotiated and defended a development agreement and gaming ordinance for a card room facility at a Bay Area live horse racing venue.
- Successfully defended an appeal of a local coastal permit for a beachfront hotel and obtained a permit from the California Coastal Commission.
- Takings case against the United States for a ranching family in central Nevada resulting in a $14.2 million dollar judgment for the taking of water rights from a cattle operation.
- Representation of three separate governmental entities of the State of Nevada against the United States in an Administrative Procedures Act challenge to a federal regulation that required the interpretation of and challenge to federal legislation.
- Assisted Fortune 500 national drugstore company negotiate various land use issues in operating regional distribution center in the Central Valley.
- Represented client in approximately $700 million project entailing entitlements and CEQA for construction of 7-mile tunnel and outfall from a wastewater treatment plant to terminus in San Pedro.
- Represented client in the acquisition and renovation of indoor composting facility in San Bernardino County valued at $70 million.
- Represented client in approximately $200 million project entailing CEQA work for the development of effluent treatment system in Santa Clarita.
- Represented client in the acquisition of approximately 12,000 acres of farmland and development of $150 million composting facility in Kings County.
Hanson Bridgett litigators provide custom solutions to help clients achieve results that matter. We balance cost effective litigation management tools with time tested techniques to find advantages during all phases of the dispute, whether it be discovery, trial, arbitration, mediation or otherwise. The firm’s litigation practice spans many substantive areas and includes deep experience at all levels of research and investigation, discovery, project management, alternative dispute resolution, trial, and appeal. When problems arise, we work closely with the client to identify and master the key issues and objectives, mapping a strategy for resolving the dispute in keeping with the client’s goals and means.
By taking a proactive approach, we identify and create choices for resolving disputes while helping the client to identify and manage the risks and benefits of each particular path. We are no strangers to the courtroom and have won many important victories that have generated headlines. However, time has shown that our greatest victories are those that came through the careful planning, strategic analysis and open communication that has produced satisfied, well informed, clients who continue to work with Hanson Bridgett.
Major Areas of Focus:
- Appellate
- Banking and Finance
- Commercial
- Construction
- Criminal
- Environmental
- Governmental/Public Agency
- Health Care and Senior Housing & Care
- Insurance Recovery
- Intellectual Property
- Labor and Employment
- Product Liability
- Real Estate
- Transportation and Logistics
- Trust & Estates
For over a half century, our clients—ranging from Fortune 100 multinational corporations to mid- and small-cap companies, partnerships, and entrepreneurs—have turned to this practice group to resolve their most pressing commercial challenges.
Today’s business environment is extraordinarily complex, and conflict is often unavoidable. We understand that companies and entrepreneurs need an experienced hand to help them avoid disputes before they arise, and to vigorously represent their interests when they do.
Our seasoned trial lawyers maintain an active, respected presence in courts and arbitral forums throughout California, and have represented both plaintiffs and defendants in nearly every kind of dispute a company is likely to encounter. This breadth of perspective not only makes us uncommonly effective but also frees clients from the pressure to settle, and allows them to make considered strategic decisions–including whether to take their cases to trial.
We also build and foster long-standing relationships with clients, so we understand their businesses, providing them with proactive legal counsel and practical, real-world advice. This has been key in our ability to maintain an unparalleled track record of success at the negotiation table and in the courtroom.
Experience
- Antitrust and trade practices
- Business torts
- Business “divorces”
- Consumer class actions
- Contract enforcement
- Corporate governance
- Data privacy and internet security
- Defamation
- Environmental law
- False or misleading advertising
- Fiduciary duty
- Financial fraud
- Insurance coverage and recovery
- Lender liability
- Product and premises liability
- Professional liability
- Office and Director liability
- Real estate and land use
- Receiverships
- Securities
- Shareholder/member disputes
- Tax litigation and dispute resolution
Representative Clients
- Technology
- Financial services
- Manufacturing
- Real estate
- Securities
- Food and beverage
- Consumer
- Retail
- Hospitality
- Health care
- Life sciences
Our firm defends private and public sector clients in high-stakes class and representative actions in state and federal courts throughout the country. Our litigators have broad substantive knowledge across multiple practice areas and industries and our results speak for themselves. To bring added value, we work closely with attorneys in our appellate and insurance recovery groups, enabling us to efficiently take on complex class actions.
We work tirelessly from the outset—often before a lawsuit is even filed—to understand the facts and the law in order to implement a defense strategy that aligns with our clients’ business objectives. We know that one size does not fit all, and we are skilled in guiding clients through the critical decisions involved. Whether the case needs aggressive handling and trial to resolve business-defining disputes, or it is more suited to an efficient resolution and risk management approach, we know how to drive the litigation to meet our clients' needs. We bring a proactive approach, substantive knowledge of the law, and the industry-specific experience needed to execute on a successful defense.
We draw on our extensive knowledge of both the legal and operational issues our health and senior care clients confront to provide comprehensive litigation and dispute resolution services. Attorneys in other practice areas of the firm who specialize in corporate law, senior care regulation and operations, transactional health law, real estate, labor and employment law, construction, public agency law, and insurance recovery enhance our ability to zealously and effectively advocate for our health and senior care clients.
The health and senior care industries face unique issues and challenges. We are sensitive to the economic and operational impact of litigation on our clients and strive to resolve cases efficiently. We perform careful and candid case analysis and assessment at the outset and work in partnership with our clients to create a litigation plan. We aggressively defend or prosecute actions in state and federal trial courts, appellate courts, arbitration settings, and administrative forums. We are also skillful negotiators. No matter the setting, we work hard to help our clients achieve their goals.
Experience
- Medical staff credentialing and peer review matters
- Citations and deficiencies imposed by the California Department of Public Health, California Department of Social Services, and the U.S. Centers for Medicare & Medicaid Services (CMS)
- License revocation actions and denials
- Complex business and contract disputes
- False Claims Act, government investigations, and fraud and abuse
- Resident transfers, discharges, and evictions
- Capacity and consent disputes
- Unfair business practices
- Medicare and Medi-Cal reimbursement
- Class action lawsuits
- Insurance coverage for claims
- Tort claims, such as elder abuse, wrongful death, fraud, and professional negligence
Representative Clients
- Hospitals and organized medical staffs
- Skilled nursing facilities
- Assisted living facilities
- Independent senior living and continuing care retirement communities
- Intermediate care facilities for the developmentally disabled
- Medical groups
- Home health agencies and other health providers
- Licensed health care and senior living professionals
- Federally Qualified Health Centers (FQHC)
Hanson Bridgett delivers the breadth and depth of experience needed to defend businesses faced with complex product liability litigation and mass tort claims. We have successfully navigated our clients through and beyond a wide assortment of product liability, toxic and mass tort, premises liability, negligence, and fraud claims involving catastrophic injuries, property damage, trespass, transportation incidents, and industrial accidents. We maintain a proven track record of successful results with uniquely California claims, such as those based on California’s Proposition 65, California’s unfair competition law, and Business & Professions Code section 17200. We have resolved lawsuits pertaining to warranties, product labeling, and advertising including claims brought under the California Consumers Legal Remedies Act and false advertising-related class actions.
Our team is known for big picture strategies, outstanding judgement, and honed crisis management skills. Whether our clients require an effective communication strategy or a formidable defense, we are dedicated to positioning them to minimize exposure, leverage opportunity, protect their bottom line, and safeguard their image. No matter what a client needs, we understand that a lawsuit involves critical business decisions. From the onset of a claim, we work with our clients to develop a macro strategy that not only resolves their dispute, but also is grounded in business-oriented and practical solutions that conserve financial resources.
Hanson Bridgett brings big law talent and experience at more competitive market costs. Many lawyers beyond state lines select us for their California-based product liability and tort matters because of our reputation for excellence and trustworthiness. We have broad experience in serving as both regional and national coordinating counsel, and are skilled in assembling teams of attorneys, experts, and investigators to respond to emergencies anywhere they arise. In addition, we have the resources to manage and analyze large amounts of data and we are accustomed to using technology to develop and work up cases. We have developed a product liability and tort litigation model that streamlines the litigation process and keeps our clients informed about the strategy, status, and direction of their cases.
The name Hanson Bridget means quality in California and beyond. When the future of a business is on the line, having a law firm that the courts consider reliable is a major advantage. We know the California bench. And because our firm has maintained its independence and has been practicing on the local level for almost sixty years, they know us in return. Our statewide and local know-how with regional benches allows us to assist lawyers and businesses outside of the state with their California matters. We monitor emerging trends involving legal, medical, and scientific issues and apply these developments in creative ways to help our clients achieve their objectives.
Hanson Bridgett uses its versatility to protect its clients and their brands. While we start with the premise that every case may result in a trial, we are always on the lookout for alternative methods to resolution. Our lawyers are highly adept in handling arbitrations, mediations, and other forms of alternative dispute resolution, and we utilize these tools when necessary and appropriate. Depending on our clients’ needs and input, we adapt our time-tested litigation models to fit the situation at hand. In addition to defending cases, we work with our clients to develop strategies for risk management and prevention, litigation management, insurance recovery, third-party indemnification and debt collection, government and media relations, and technology and intellectual property issues.
Our team is also involved in proactive legal strategy designed to avert a potential liability suit altogether. We have acted as high level strategic advisers to manufacturers and insurers, providing a resource for complex risk analysis, project management, due diligence, and strategic initiatives to promote procedural change and tactical direction. In addition, we understand what it takes to execute a successful recall and to resolve a contentious licensing problem. We consistently strive to protect our clients from potential lawsuits resulting from new technologies and/or evolving government regulations, as well as work diligently to analyze possible liability throughout the development and launch of new products.
Areas of Expertise
We deliver specialized industry expertise and product-specific intelligence, and have resolved cases involving:
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Adhesives
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Agricultural and industrial chemicals
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Aircraft
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Asbestos
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Automobiles and other motor vehicles
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Bicycles
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Boats
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Buses
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Children’s products and toys
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Cleaning products
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Computer equipment and technology
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Construction machinery and equipment
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Consumer products
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Firearms
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Food, beverage, and cosmetics
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Household and consumer goods
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Industrial machinery and equipment
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Medical devices
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Personal watercraft
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Pesticides
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Pharmaceuticals
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Power tools
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Sports equipment
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Swimming pool equipment
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Transportation devices and equipment
Our family wealth resolution and dispute team combines the advocacy skills of experienced trial lawyers with the specialized trust and administration knowledge of the complexities that live within high net wealth families and their holdings. This integration of litigation and sophisticated business and family administration gives us an unsurpassed ability to address every aspect of trust and estate litigation and makes our team uniquely qualified to represent fiduciaries, beneficiaries, and large creditors in all types of disputes immediately before and after someone dies.
The distinctive and valuable experience of our trust and estate trial lawyers is their blend of extensive command of the litigation process and broad experience handling and resolving disputes in the contexts of families, businesses and collections of other high value assets. In resolving disputes, we seek not only to negotiate the most beneficial substantive terms, but also to structure settlements to advance our client's interests. Our effective use of these tools has often been critical in achieving favorable results for clients.
We are acutely aware of the financial and emotional impact that trust and estate disputes have on families and their related institutions. We therefore maintain a close working relationship with clients throughout the litigation process to ensure we understand their priorities and partner with them when making important strategic decisions. Together, we actively weigh the risks and benefits of the available alternatives in order to achieve the best result in the most effective manner.
We also recognize the significant burdens imposed on professional and lay fiduciaries today. We have the qualifications not only to help steer away from unnecessary conflict, but, if necessary, to aggressively defend the decisions of our clients, even when those decisions may benefit the administration as a whole, but may be unpopular with one or more beneficiary. When representing a corporate fiduciary, we enjoy working closely with in-house counsel and other institutional team members to collectively and consistently provide value and wins for our clients.
In addition, we understand the necessity of controlling litigation costs, sharing or shifting those costs whenever possible. When representing beneficial interests, from the start of our representation, we identify and evaluate whether a group of beneficiaries exists with sufficient common interests to warrant joint representation. We are also proactive in preserving and protecting fiduciaries ability to have their and our fees paid through an administration. When we represent beneficiaries, we are aggressive in our efforts to prevent the depletion of our client’s beneficial share through the payment of unnecessary trustee and attorney fees.
Experience
- Contested or challenging trust or estate administrations
- Defense and prosecution of breaches of fiduciary duty
- Actions to suspend and remove fiduciaries
- Handling of large creditor claims
- Claims arising out of third-party transactions with fiduciaries
- Defense of estate planning and administration legal malpractice claims
- Disputes concerning no-contest clauses
- Will and trust contests
- Proceedings to interpret ambiguous provisions of various written instruments
- Elder financial abuse claims
- Suits to invalidate gifts to "prohibited transferees" under Probate Code §21350, et seq.
- Cy pres actions
- We have extensive experience representing non-profit foundations and charitable organizations to preserve bequests and defend against attacks that would deprive them of intended gifts
- Issues concerning the validity of donative transfers, including due execution, testamentary capacity, undue influence, fraud, mistake, drafting attorney's conflicts of interests, prohibited transfers under Probate Code §21350 and forgery
Representative Clients
We have successfully litigated cases through trial and at the appellate level for:
- Professional and lay fiduciaries, including trustees, executors, agents under durable powers of attorney and conservators
- Foundations and Charitable Organizations
- Managing members, general partners and corporate officers of family owned and/or controlled LLCs, Family Limited Partnerships and Corporations
- Individual beneficiaries
- Entities and persons with large claims against trust or probate estates
Federal and state privacy and security laws affect nearly every industry sector ranging from healthcare providers to financial institutions to start-ups. Our attorneys advise both public and private clients in healthcare, technology, transportation and financial services in areas of privacy applicable to IT/technology, data security, financial privacy, health privacy, consumer privacy, employment privacy, litigation and transactions.
We counsel clients on how to protect proprietary and customer confidential information. We guide our clients through all steps of information governance and risk management, such as the development and implementation of preventative measures, policies and procedures; technology selection and validation, the placement of cyberliability insurance, and pursuit of claims under these policies. In addition, we help clients investigate and respond to data breaches and represent clients in related litigation.
- Commercial transactions
- Compliance audits
- HIPAA compliance
- Training programs
- Information governance
- Cyberliability insurance
- Incident response and data breach counseling
- Information handling
- Privacy and data protection litigation
- Privacy policies and procedures
- Regulatory investigations
Representative Work
- Drafted a privacy policy for a mobile app company.
- Ongoing HIPAA Compliance for client (e.g., draft HIPAA privacy and security manual and related health plan language; draft and negotiate business associate agreements; analyze reportability of HIPAA breaches).
- Drafted numerous privacy policies and technology contracts including SaaS and online bill pay agreements, where we advised on significant privacy issues.
- Advise clients regarding obligation under HIPAA and California law to report possible health information security breach.
- Advised global semiconductor company on the effect of data security monitoring and investigation practices on EU Safe Harbor Certification.
- Advised American subsidiary of European company regarding US Government access to EU hosted cloud content under Patriot Act procedures (National Security Letters or FISC subpoenas.)
- Advise numerous clients regarding the purchase/renewal of cyberliability policies.
- Counsel clients on pursuing and obtaining insurance to pay for costs/losses arising from a data breach.
- Counsel clients in successfully pursuing insurers to pay for costs/losses arising from hacking and other cybersecurity incidents.
- Advised transportation agency client on contract involving third party collection, processing and off-site storage of employee data.
- Advised retail client regarding requests for Personally Identifiable Information (PII) at California brick and mortar stores.
Our attorneys have a wealth of experience in advising fund sponsors on the organization of a variety of private investment funds and similar products – whether structured as a fund, separate account, or other arrangement, irrespective of the focus of the asset class in the investment strategy.
Private fund sponsors face increased regulation around the world. Our considerable experience helps them comply with requirements as we pay close attention to internal governance and economic arrangements, including the allocation and vesting of carried interest. We also counsel sponsors as to the structure and operation of the entities that serve as general partners and managers to their funds. Other areas where we add value include joint ventures with, and investments from third parties, generational transition and other partner additions and departures, family wealth planning, placement agent agreements, subscription lines of credit, labor and employment matters, intellectual property, and insurance coverage.
A core part of our private fund practice is the representation of a broad and significant number of institutional investors in connection with their alternative investment activities. We are well-versed in the complexities associated with a wide range of alternative investments and transactions and have represented institutional investors in negotiating all parts of their agreements, advising them with respect to separately managed account arrangements, co-investments, and secondary transactions. We also represent fund advisory boards in their negotiations with fund sponsors.
After years of legal experience and activities in the market, we are intimately familiar with identifying and resolving the special commercial, regulatory, and tax concerns of different types of investors. We work with pension funds, corporations, tax-exempt organizations, funds of funds, sovereign wealth funds, and foundations.
Our in-depth knowledge of the intricacies of fund documentation enables us to quickly identify significant economic issues that are otherwise difficult to uncover, and to craft solutions to complex problems pertaining to tax, ERISA, and more. We are a member of several legal networks that permit us to address special tax and structuring issues involved in funds focused on regions such as Australia, Canada, Africa, Brazil, China, Europe, India, and Asia.
Experience
We have assisted our institutional investor clients with:
- Buyout funds
- CDOs/CLOs
- Co-investment funds
- Credit opportunities funds
- Energy funds
- Fund of funds
- Hedge funds
- Loan funds
- Mezzanine funds
- Natural resources funds
- Real estate funds
- Royalty funds
- Secondary funds
- Single member funds
- Special Situations
- Venture capital funds
Our real estate lawyers provide versatile legal services for a diverse array of clients, handling all forms of transactions and litigation. We bring not only expertise, but also an understanding of our clients' specific needs, with a reputation for both effective advocacy and practical deal making.
Our clients range from individuals to large corporations, both locally and nationally. They include financial institutions, investors, developers, buyers, sellers, owners, managers, landlords and tenants. We serve as counsel to many major industry participants, such as investor/developers, senior and health care providers, shopping centers and public agencies.
Experience
As a multiservice firm, we handle every aspect of a property transaction, from financing and development to environmental and construction issues, property management, and dispositions. Our vast experience representing local and state entities enables us to navigate laws and regulations in a manner that best serves our clients.
Entity Formation and Tax Counseling
We assist clients in forming corporations, limited liability companies, limited partnerships and single purpose and bankruptcy remote entities. We implement common interest and cooperative ownership housing arrangements.
Land Use and Development
We help developers obtain the necessary entitlements and other regulatory approvals and are adept at fashioning pragmatic solutions when issues arise. Our areas of expertise include NEPA/CEQA compliance, general plan, zoning and map approvals, development agreements, transit related developments, land use disputes and LAFCO annexations.
Lending and Project Finance
We negotiate purchase money loans, construction loans, “mini-perm” and permanent take-out financing and other institutional lending arrangements. We also structure equity financing joint ventures and hybrid equity/mezzanine financing undertakings. Our clients include lenders in general real estate transactional matters – including commercial and retail leasing – as well as nonprofits and public sector entities.
Property Acquisition and Sales
We complete complex real estate transactions, negotiating letters of intent, purchase agreements and other transaction documents. We assist with assessing and performing property inspections, environmental, title and other necessary due diligence, and our tax specialists assist our clients with tax-free exchanges and other tax-driven transactions.
Leasing and Lease Litigation
We represent owners and managers of commercial real estate in all aspects of landlord-tenant relationships and lease litigation. We also advise them on day-to-day property management issues. We handle lease litigation for a variety of commercial developers and shopping centers, and also represent commercial landlords and shopping centers in tenant bankruptcies locally and nationwide.
Environmental Compliance
We provide coordination and analysis of Phase I and Phase II site assessments, and negotiate indemnity and remediation arrangements. We defend landowners against environmental claims and negotiate pragmatic remediation solutions with regulatory authorities, and we offer particular expertise in brownfields development and redevelopment incentive programs.
Construction Issues and Disputes
We offer a full array of construction law related services to developers, including contract preparation, project management, mechanic's liens, delay claims and construction defect disputes.
Litigation and Dispute Resolution
We handle all types of property related disputes, including purchase and sale transactions and breach of lease and other landlord-tenant conflicts. We also deal with issues over lender and financing, title, broker and agency, escrow and co-owner conflicts. In disagreements of land use, we have experience in zoning and use permit issues, boundary disputes, condemnation, easement and license disputes and premises liability matters. In addition to our extensive trial experience, we are also experts in resolving disputes through mediation, arbitration and legislative or administrative action.
We are widely regarded as one of the preeminent health and senior care real estate law firms in California. Our attorneys provide comprehensive transactional and litigation services across a broad range of practice areas and are supported through close collaboration and integration with multi-disciplinary colleagues in the firm. This includes those with experience in construction, regulatory compliance, business transactions, labor and employment and tax.
Experience
- Real estate transactions and litigation
- Health care and senior housing & care
- Joint ventures and entity formation
- Financing
- Acquisition and disposition
- Leasing
- Development
- Environmental review and impact mitigation
- Land use planning
- Entitlements
- CEQA and NEPA compliance
- Design and construction
- Federal and state permitting
Representative Work
- Development of a $168 million, 250K square-foot San Francisco medical office building under an airspace lease, construction of an underground parking garage and pedestrian tunnel, and creation of associated reciprocal easements
- Ground leasing and leaseback of multi-story California medical office buildings, construction of associated parking structures. and preparation of reciprocal parking arrangements
- Preparation of a bid document, project management agreements, and design build agreements for multiple design build public hospitals
- Advised a senior care facility in Orange County regarding an environmental indemnity agreement required as a loan condition
- Acquired six skilled nursing facilities in Texas and California for a total purchase price of $100 million.
- A $144 million loan restructuring transaction involving 31 properties nationwide, with HUD approval of the purchase and subsequent sale of four senior care communities
- A $160 million construction loan for a high-rise, mixed-use condominium project in San Jose
- Litigated claims pertaining to purchase and sale agreements, including disputes regarding amounts due and property ownership
- Successfully resolved $14 million delay and impact claims for a public hospital campus owner involving design and construction of an emergency room, a catheterization lab, and radiology facilities through mediation
Our firm represents commercial creditors and real estate owners and managers in bankruptcy cases, nationwide. The hallmarks of this representation are quick analysis of bankruptcy proceedings, efficient monitoring of developments, and timely action to preserve rights and claims. We provide strategic advice for clients when opposing parties threaten or commence insolvency proceedings – including cases under chapters 7, 11, and 13 of the Bankruptcy Code, as well as proceedings after a general assignment for the benefit of creditors.
We have deep experience in bankruptcy cases involving real estate. This includes the resolution of time-sensitive issues of possession, lease assumption, rejection and abandoned property. When a commercial tenant files bankruptcy, we provide knowledge, insight, and timely action to protect our client's rights and interests.
Representative Work
• Represented major national shopping center owners in dozens of large retail tenant bankruptcies in Delaware, New York, Virginia, Ohio, Florida, and in all districts in California
• Successfully resolved numerous bankruptcy claim disputes, preference actions, and disputes over assumption and rejection of commercial real property leases
• Advised a national insurer on modifications to policy documents to address uncertainty created by bankruptcy preference statutes
• Represented a landlord’s claims and leasehold interests in a skilled nursing facility during the bankruptcy estate’s auction of the debtor’s property, to ensure successor tenant was qualified, licensed, and in compliance with lease obligations
• Assisted clients defending voidable transfer claims, avoidance actions, and recovery of preferential transfer lawsuits
Over the years, Hanson Bridgett’s full-service integrated real estate finance team has earned its stellar reputation for efficiency, practicality, excellence and a strong commitment to client service.
Our seasoned attorneys represent all genres of commercial real estate entities, including lenders, owners, developers, investors, servicers (and special servicers), REITS and asset managers. We handle the full life cycle of commercial real estate financings and investments, from loan originations to sales and securitizations to workouts and foreclosures. We are versed in navigating sophisticated finance and investment transactions across all finance sectors and regularly guide our clients in negotiating, structuring, documenting, managing and maximizing their returns on a variety of debt and equity investments.
Given our deep knowledge and experience in the market requirements of commercial real estate financings and our proficiency in documentation, due diligence and closing matters, we help our clients efficiently structure real estate transactions. Doing so helps circumvent avoidable costs and delays and maximizes a successful outcome.
Our commitment to understanding and delivering advice on the current and future potential needs of our valued clients is keenly evident when we leverage our capabilities in related practice areas, including traditional real estate, land use, water rights, construction, construction lending, real estate litigation, environmental, bankruptcy, tax and corporate law. We collaborate with our colleagues in other practice groups, drawing from experience across several disciplines to better serve our clients.
Experience
Our industry savvy lawyers understand financial markets, emerging trends and are leaders in emerging financial products. Our experience includes:
- Permanent Financing, Bridge Financing and Construction Financing
- Capital Markets and Portfolio Financings
- Preferred Equity Investments
- Commercial Mortgage-Backed Securities and Collateralized Loan Obligations
- Mezzanine and Subordinated Debt Financing
- Construction Financing
- Leasehold and Leased Fee Financings
- Programmatic Loan Syndications, Participations and Assignments
- Acquisition and Disposition of Loans and Loan Portfolios
- Loan Sales, Loan Assumptions, Defeasances and Modifications
- Freddie Mac and Fannie Mae Lending Programs
- Senior Care Finance
- Healthcare Finance
- Qualified Opportunity Zone Business Matters
- Defaults, Workouts, Foreclosures, Deeds-In-Lieu and Bankruptcy Matters
Representative Work
- Structuring, negotiating and closing purchase money loans, construction loans, “mini-perm” and permanent take-out financing, CMBS, equity, preferred equity and other lending arrangements
- Structuring equity financing joint ventures and hybrid equity/mezzanine financing undertakings
- Representing lenders and borrowers in general real estate transactional matters, including purchase and sale as well as commercial and retail leasing
- Structuring and negotiating loan workouts
- Arranging tax-exempt and taxable credit enhanced bond financings
- Securing project-specific federal and state grant funding for public sector clients
Our team has the industry and litigation experience to deliver timely advice and take thoughtful action in all types of real estate disputes. Our deep understanding of the unique nature of real estate and its impact on clients’ bottom line comes from our extensive experience representing clients on the local, national, and international levels. These clients include:
- Landlords
- Tenants
- Managers
- Developers
- Investors
- Brokers
- Government agencies
Lease litigation: Breach of lease, declaratory relief and unlawful detainer / eviction actions involving all types of claims, including those related to:
- Rent and additional charges
- Security deposits
- Common area maintenance obligations
- Exclusivity and use rights
- Fraud claims
- Holdover tenants
- Lease extensions and purchase options
- Audit rights
- Tenant improvements and other construction disputes
- Co-tenancy obligations
- The Americans with Disabilities Act
Unlawful detainers: With extensive expertise in unlawful detainer actions, we understand the importance of obtaining possession quickly when tenants default.
- Property and ownership disputes:
- Purchase or sale of real estate
- Property ownership and partnership disputes
- Partition actions
- Non-disclosure claims
- Escrow disputes
- Commission disputes
- Easement disputes
- Nuisance claims
- Quiet title actions
- Neighbor disputes
First Amendment access issues: We have helped clients develop access rules and regulations to allow owners reasonable control over the use of their properties.
ADA issues: We have defended against disability access claims and advised property owners on ADA compliance.
Creditor’s rights and bankruptcy: We represent commercial creditors, real estate owners, and real estate managers in bankruptcy cases, nationwide. We provide strategic advice and advocacy when our clients encounter opposing parties in financial distress or insolvency proceedings. This includes:
- Cases under Chapters 7, 11, and 13 of the Bankruptcy Code
- State court proceedings after an assignment for the benefit of creditors
- Protection of rights to enforce lease obligations
- Recovery of post-petition rent
- Regaining possession
- Obtaining maximum recovery when a lease is rejected
Land use and development: Our attorneys are deeply involved in their local communities, and we use that regional perspective to fashion pragmatic win-win solutions if a land use or development issue proceeds to litigation.
Environmental issues: We coordinate environmental due diligence, advise on investigation and remediation of contamination, and handle enforcement actions related to, hazardous substances, including:
- Asbestos
- Lead-based paint
- Radon
- Mold contamination
- Statutory notification requirements
- Abatement requirements
- Enforcement actions
As a growing number of our clients seek to build and maintain sustainable, high performance buildings, we are committed to assuring that they achieve their goals. Our real estate and construction attorneys provide advice to a wide array of clients on issues at every stage of the real estate project life cycle. Together, we deliver an interdisciplinary set of sustainable development skills that advance project delivery from inception to completion, helping clients build for the future.
Experience
Green Building Certification
Several of our attorneys are accredited and trained in the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED®) certification process.
We know firsthand that sustainable real estate development is a process of planning and implementing high performing buildings from an energy efficiency and environmental perspective. Performance rating systems such as LEED® and Build It Green provide performance standards against which a building or project may be measured. In more and more cases, these standards are becoming legally required mandates for green building compliance. Our attorneys offer strategic advice on how to structure development projects with these standards in mind. We offer accredited expertise in compliance with these standards and the review processes that exist to implement them.
Government Requirements and Incentives
We are intimately familiar with the federal, state and local government entities adopting laws that regulate construction of new buildings to achieve sustainability objectives. California’s energy use standards for new buildings is one example. Another is San Francisco’s Green Building Ordinance, the strongest command and control green building ordinance in the nation. Our attorneys continually monitor and master these legal requirements, advising clients in these matters as a value-added service.
We are well aware that financial incentives offered by federal, state and local governments provide a valuable opportunity to developers to improve the economic feasibility and profitability of sustainable development projects. Our attorneys assist in applying for and obtaining these financial incentives, be they income tax credits, property tax reductions, rebates, or grants, and in syndicating them to third parties in the right case.
Integrated Project Delivery (IPD) and Building Information Modeling (BIM)
Our attorneys are at the cutting edge of industry transformative developments in design and construction, such as Building Information Modeling and Integrated Project Delivery. BIM is the use of object oriented, intelligent databases that not only can use 3D design tools to characterize existing architectural and engineering design, but can be used to explore and manage the construction process, energy optimization, sustainable construction, cost and facility management. IPD is a model for team building and risk allocation among owner, architect, engineer and contractor to align interests as a means of achieving project success. Howard Ashcraft, a partner in our Construction Section, played an instrumental role in drafting the American Institute of Architect’s policy statement on IPD, and that team is engaged in many high profile developments adopting the IPD model.
Green Leasing and Build Outs
The desire to maximize the economic and environmental benefits of high performance buildings, together with increasing tenant demand for space in high performance buildings has given rise to the “green lease.” A green lease sets forth the landlord’s building-wide protocols for tenant compliance to assure its building’s ongoing environmental performance.
When representing building owners and managers, our real estate attorneys craft comprehensive green leases based on industry standards such as the Building Owners and Managers Association (BOMA) green lease as well as our own expertise. For tenants, we analyze the legal and economic implications of green lease provisions and negotiate concessions that will aid the tenant in building out its own premises in an environmentally sustainable way. On behalf of tenants, who are often less familiar with environmental design, we serve as a LEED® accredited project consultant and negotiate their commercial interior buildout to best protect their interest.
Industry Affiliations
- American College of Construction Lawyers
- American Institute of Architects California Council (AIACC)
- American Society for Healthcare Engineering (ASHE)
- Design Build Institute of America (DBIA)
- Founding Member Center for Innovation in Design and Construction
- Lean Construction Institute
- San Francisco Planning and Urban Research Association (SPUR)
- Urban Land Institute (ULI)
- U.S. Green Building Council (USGBC)
- U.S. Green Building Council, Northern California Chapter
For more than six decades, our firm has been a national leader in the senior care and housing sector. Today, we serve as general or special counsel to hundreds of clients in this essential and evolving sector.
Our attorneys are nationally recognized for their leadership in this field. We frequently speak at conferences throughout the country and write articles for state and national publications. We draft legislation and serve on key state task forces. In fact, one of our partners wrote a widely respected treatise on senior housing and care facilities. Many of us play key leadership roles in organizations including the American Bar Association Health Section, American Seniors Housing Association, LeadingAge, Argentum, the California Assisted Living Association, and LeadingAge California.
Experience
• Licensing and Regulatory Matters
• Contracting
• Operations
• Business Transactions
• Competency Issues
• Corporate and Tax Matters
• Employee Benefits
• Fair Housing and ADA
• Financing – Taxable and Tax-Exempt
• Insolvency and Bankruptcy
• Insurance Coverage
• Intellectual Property
• Labor and Employment
• Land Use and Local Regulation
• Leasing
• Legislative and Administrative Advocacy
• Litigation and Dispute Resolution
• Mergers, Affiliations, and Dissolutions
• Nonprofit Board Governance and Tax
• Privacy, Security and Data Breaches
• Property Acquisitions and Sales
• Public/Private Partnerships
• Trusts and Estates
Representative Clients
• Continuing care retirement communities (CCRCs) aka life plan communities
• Assisted living communities
• Skilled nursing facilities
• Independent living communities
• Affordable housing providers
• Hospices
• Home health agencies
• Home care agencies
• PACE providers
• Intermediate care facilities
• Adult day care providers
• Trade associations
• Foundations
• For-profit and nonprofit organizations
• Cooperatives and condominiums
• Management companies
• Developers, investors, and lenders
• Private and publicly traded companies
Our clients own, manage, and develop a wide range of properties, from neighborhood centers, to lifestyle centers, to super-regional malls. This has given us a great deal of experience handling the array of legal issues they confront.
Lease litigation and unlawful detainers
We litigate breach of lease and declaratory relief actions involving all types of obligations, including:
- Rent and additional charges
- Security deposits
- Common area maintenance obligations
- Exclusivity and use rights
- Fraud and rescission claims
- Holdover tenants
- Lease extensions and purchase options
- Audit rights
- Tenant improvements and other construction disputes
- Co-tenancy obligations
- The Americans with Disabilities Act
Additionally, with extensive experience in unlawful detainer actions, we understand the importance of obtaining possession quickly when tenants default.
Acquisition, sales, financing, and leasing
We handle all aspects of commercial leasing, from negotiation through drafting and execution. We negotiate and draft letters of intent, purchase and sale agreements, purchase money loans, construction loans, and other institutional lending arrangements. We assist with property inspections, title, and other due diligence, while our tax experience includes handling reassessment issues, tax-free exchanges, and other tax-driven transactions.
ADA and First Amendment access issues
Professional plaintiffs file ADA lawsuits daily that target shopping centers, and owners confront problems caused by solicitors at their centers. We advise shopping centers on ADA compliance, and have successfully defended numerous disability access claims. We also advise clients on First Amendment access issues, and develop access rules and regulations to allow owners reasonable control over the use of their properties.
Creditor’s rights and tenant bankruptcies
We represent commercial creditors, real estate owners, and real estate managers in bankruptcy cases, nationwide. We provide strategic advice and advocacy when our clients encounter opposing parties in financial distress or insolvency proceedings. This includes:
- Cases under Chapters 7, 11, and 13 of the Bankruptcy Code
- State court proceedings after an assignment for the benefit of creditors
- Protection of rights to enforce lease obligations
- Recovery of post-petition rent
- Regaining possession
- Obtaining maximum recovery when a lease is rejected
Construction contracts and litigation
We represent owners in negotiating and preparing construction contracts, surety bonds, and construction financing documents. Our experience includes:
- Mechanic’s lien litigation
- Impact and delay claims from new construction
- Project management and construction defect disputes
- Claims concerning tenant improvements and mall expansions
Land use and development
Our attorneys are deeply involved in their local communities, and we use that regional perspective to fashion pragmatic win-win solutions to development challenges. We obtain entitlements and other regulatory approvals, and have experience in NEPA /CEQA compliance, general plan, zoning and map approvals, and development agreements for mixed-use projects.
Environmental issues
We coordinate environmental due diligence efforts and handle investigation and remediation of contamination caused by tenants that releases hazardous substances, including dry cleaners and gas stations. We also work with consultants and regulators to maximize accessibility during cleanups, and provide comprehensive services for acquisition and development of "brownfield" properties. Additionally, we advise on common landlord-tenant issues involving:
- Asbestos
- Lead-based paint
- Radon
- Mold contamination
- Statutory notification requirements
- Abatement requirements
Our firm represents a variety of clients, from individuals, partnerships, and limited liability companies, to corporations, government agencies, and nonprofit organizations. Our extensive practice includes a broad range of federal, state and local tax services involving income, estate, gift, and real property taxes, and ranging from personal and transactional tax planning to dispute resolution and tax litigation.
We regularly advise startup founders and venture capitalists on a variety of tax issues, including qualified small business stock (QSBS) and equity compensation issues, including forward contracts. We help founders optimize federal and state tax issues from formation until IPO. Our attorneys are nationally recognized as experts on startup tax issues and regularly publish and speak on tax issues affecting founders, early employees, and venture capitalists.
Many of our tax lawyers have extensive experience in corporate and business law, which enhances our ability to navigate complex tax issues in structuring transactions. Our approach is to carefully review each transaction, evaluate its history, identify the consequences of certain actions and, ultimately, provide options to clients in achieving their goals.
We have advised numerous companies on the tax ramifications of structuring partnerships, limited liability companies and corporations; mergers and acquisitions; and corporate and LLC divisions and spin-offs of subsidiaries. We collaborate with clients as a strategic partner, whether we’re advising families on gift and estate tax planning or guiding companies through corporate reorganizations. When tax disputes arise, we represent them in audits, appeals, and litigation.
In addition to federal tax planning, we assist clients with a wide range of state and local tax matters. When a dispute leads to litigation, we represent clients before the IRS, the Franchise Tax Board and the California Office of Tax Appeals. We also provide tax advice for U.S. and foreign individuals and entities, with particular experience in cross-border issues affecting taxpayers in the Pacific Rim.
Experience
- Corporate Tax: Advise C corporations, S corporations and other companies in all phases of development, from early formation to public offerings
- Employee Benefits: Advise employers on compensation and benefits tax issues, and individuals on benefit distributions, retirement plans and income and estate tax elections
- Health: Provide practical advice on such tax issues as “pay or play”
- Employment: Assist with a variety of issues, including payroll taxes, independent contractor controversies, and federal and state employment tax audits
- Nonprofit and tax-exempt entities: Advise on formation and compliance issues
- Partnership tax: Cover sales and purchases of limited liability company and partnership interests and assets, as well as carried interest issues
- Real estate tax: Advise on tax-free exchanges under Section 1031 as well as Proposition 13 reassessment rules and local real property transfer taxes
We formed this practice group with three guiding principles. First, we recognize that a technology company’s most valuable assets are likely found in groundbreaking concepts, designs, and products rather than in the “brick and mortar” assets of many traditional companies. Second, we understand that technology companies operate in a unique environment in which success depends on a deep understanding of the governing law as well as an appreciation of the economic realities of a competitive and ever-changing marketplace. Third, we believe clients are best served when we bring a wide range of legal experience to bear on their complex legal matters. These principles guide our advice on individual matters and the way we engage with attorneys throughout our firm.
Our Technology Practice serves our clients in a wide array of matters.
Corporate and Emerging Companies
We advise tech companies on complex legal issues during all stages of growth and routinely handle:
- Entity formation and governance
- Tax compliance
- Securities reporting and regulation
- Securities offerings
- International and cross border transactions
- Equity financing and securities law compliance
- Debt financing and secured transactions
- Emerging companies and venture financing
- Real estate and equipment leasing
- Mergers and acquisitions
Intellectual Property Disputes
Our IP litigators appear in courts throughout California and the United States as well as in specialized tribunals such as the Patent Trial and Appeal Board (PTAB), Trademark Trial and Appeal Board (TTAB) and the International Trade Commission (ITC) handling matters that include:
- Patent infringement
- Trade secret misappropriation
- Trademark infringement
- Copyright infringement
- Inter Partes Review
- Licensing disputes
- Domain name disputes
- Software performance disputes
- Inventorship disputes
Intellectual Property Counseling
Our firm works with tech companies to protect and enforce their intellectual property and to protect against future claims of intellectual property infringement in a broad range of engagements:
- Trademark clearance, selection and corporate branding
- Trademark registration and enforcement
- Copyright registration and enforcement
- Trade-secret protection
- Patent strategy, clearance and analysis
- IP due diligence and audits
- Development and license agreements
- Technology Transfer
- IP Licensing
Technology Licensing and Procurement
Our attorneys routinely negotiate complex system-integration contracts involving the licensing of multiple technologies, and we regularly advise clients on the contractual interplay between IP indemnities, software warranties, and licensing/maintenance agreements that arise in multi-vendor projects. We are often involved from the inception of these projects and advise clients through the original procurement process, contract negotiation, and contract administration.
Serving Technology Clients’ Broader Needs
Our attorneys work closely with colleagues in many other practice areas of the firm to provide a broad array of legal services to clients.
Litigation and Dispute Resolution: Resolve a wide range of disputes through litigation, mediation and arbitration.
Employee Benefits: Address issues relating to retirement plans, employee benefits, executive and equity compensation, and fiduciary responsibility.
Labor and Employment: Advise on employee discipline and termination, federal and state wage-and-hour law, and compliance labor laws such as the Family Medical Leave Act, the California Family Rights Act, the Americans with Disabilities Act, and workers’ compensation regulations. These attorneys also develop appropriate training programs to address employment law matters and create employment forms, such as personnel policies, employment contracts, and applications. When the need arises, they also defend clients against claims related to employment discrimination, harassment, wrongful termination, and contract administration.
Real Estate and Construction: Assist with developing and acquiring the land and facilities growing technology clients need. They also specialize in Integrated Project Delivery, in particular with large technology campus construction projects.
Insurance Recovery: Advocate on behalf of clients to obtain coverage for a wide range of incidents.
Government: Protect clients’ IP when contracting with government entities, particularly when the customer is a government agency and a project is funded with public funds, as special rules may apply that could impact confidentiality and intellectual property rights. The attorneys in this group also prosecute and defend bid protests pertaining to government contracts, ensuring a client’s firm is treated fairly and allowed to compete on an even playing field for government contracts.
The firm has a wide variety of experienced general transportation and logistics attorney-practitioners, representing both privately and publicly owned companies for their unique distribution and supply-chain requirements. In this dynamic industry, we are counsel to a broad and diverse range of domestic and international commercial carriers, including motor, water, rail, passenger, air cargo and household goods companies. In addition to direct suppliers and users of such services, we regularly assist local and national third-party brokers, intermediaries and full-service logistics enterprises with contractual, transactional and litigation matters.
Contractual & Transactional
- Mergers and acquisitions
- Contractual relationships
- Comprehensive service contracts
- Risk management mitigation
- Business structures and management
- Successorship planning
- Financings
- Security and credit arrangements
- Insurance coverage
- Regulatory compliance
- Real estate development
- Sales and due diligence
- Addressing the intricacies of a generational family business
Litigation
Litigation matters regularly include domestic and international transportation disputes between transportation companies and their customers, as well as among transportation companies, and actions resulting from government intervention. These include:
- Freight loss and damage claims
- Disputes regarding contract construction and interpretation
- Freight payment disputes
- Environmental laws and compliance
- Creditor’s rights
- Defense of state and agency enforcement actions related to environmental, equipment and clean air initiatives
- Labor disputes, including defense of union disputes and class actions designed to challenge independent contractor status
Representative Clients
- Less-than-truckload
- Package
- Truckload general freight
- Liquid and dry bulk
- Agriculture
- Passenger, including bus, limousine, airport shuttle, taxi, and public transit carriers
- Water
- Air cargo
- Foreign and domestic ground, air and ocean freight forwarders
- Rail and bus commute
- Transportation brokers
- Warehouses
- Passenger ferries
- Generational family businesses
We also represent a number of public transit agencies, including:
- The Golden Gate Bridge, Highway & Transportation District
- BART
- SamTrans
- Caltrain
- Other major districts throughout the country
We’re a born and bred California law firm with more than 60 years of experience representing clients in some of the world’s best-known grape-growing regions. Our deep experience in the complex issues faced by clients in the wine industry comes from our local roots and the strong connections we’ve built with prominent winemakers and vineyard owners, their communities, and key local and state government officials. Today, our wine practice extends to the entire West Coast.
This wine industry is unlike any other. We understand the distinct challenges that come with operating wineries, from family owned boutique operations to multimillion-dollar ones, we know and understand every stage of the winemaking process. We can assist in land use issues, including guiding clients through the entitlement process, handling water rights matters, the protection of a winery's trademarks, as well as the sale of a winery or your vineyard property.
Experience
Real estate
Our lawyers have decades of experience in buying and selling wineries, vineyards and orchards. We also handle the complex financing and development of vineyards and wineries, including title and wastewater issues, as well as leasing and subleasing. Our experience includes:
• Representation of a national brand winery in the sale and leaseback of a St. Helena winery and vineyard, followed by a series of 1031 like-kind exchanges acquiring other Northern California vineyard properties
• Representation of one of the largest vineyard owners in California in the phased acquisition and development of 1,500+ acres of vineyards in Monterey, California, including development of separate well parcels and related easements on the Salinas River
• Representation of national institutional lenders in the origination, servicing, workouts, and enforcement of agricultural loans in California, including vineyards, wineries, and orchards
• Representation of a national brand winery in the acquisition of vineyard and winery properties in California, Oregon, and Washington
• Representation of a national brand winery in the negotiation and documentation of a revolving line of credit and real estate-secured, long-term debt aggregating over $500 million
• Sale and leaseback of a boutique winery in Monterey, California
• Representation of a national brand winery in a 600 acre vineyard development sublease in Napa, California
Environment
Operating a vineyard involves a host of environmental issues. After working with clients and technical consultants to assess and improve compliance with environmental laws and regulations, we’ve understand that regulatory compliance depends on effective communication and training at all levels of an organization. This is not an easy feat for companies operating in heavily regulated jurisdictions like California. That’s why, when conducting assessments and audits, we produce user-friendly products rather than long legal documents. Our experience working with agricultural and manufacturing companies includes matters related to:
• Water pollution control
• Air quality
• Pesticide use and disposal
• Hazardous materials and waste management
• Worker protection
• Stormwater management
• Carbon footprint analysis
• ESG analysis
Land Use
Our land use attorneys develop efficient, politically strategic permitting strategies for the approval of wineries and vineyards throughout California. Our experience includes:
• Representation of applicants seeking land use entitlements for new wineries and vineyards, and expansion of existing wineries and vineyards, in Sonoma and Napa Counties and their incorporated towns and cities
• Representation of Napa County in evaluating legality of various land use initiatives placed on the local ballot, including an oak woodland initiative and its impact on agricultural operations
• Navigating issues related to Williamson Act contracts
Water law
Ground and surface water rights and water quality are central issues for wine growers. We have strong relationships and open lines of communication with water enforcement agencies (federal, state and local), enabling us to resolve cases quickly and cost-effectively. Our experience includes:
• Handling water permits, water quality compliance, and other general environmental permitting issues
• Advising on groundwater management and water curtailment, as well as on conservation orders and regulations in times of drought
• Adjudicating surface and groundwater rights before agencies and courts
• Acquiring and transferring water right permits
• Advising on the reconveyance of appropriative and riparian rights
• Assisting with water quality compliance and enforcement defense
• Representation of a winery against Zone 7 agency regarding a well permit
• Representation of Groundwater Sustainability Agencies in Sustainable Groundwater Management Act compliance and groundwater adjudications
• Representation of agencies in resolving water rights complaints involving flows for endangered fish species
Family Wealth Planning
For many of our winery and vineyard owner clients, family is key. When it comes time to pass the torch from one generation to the next, our wine law attorneys work closely with our estate planning attorneys to ensure a successful transition.
Intellectual Property
Trademark clearance and protection is critical for wineries, whether small grape growers or those with global brands. We have successfully represented wineries and their affiliates in trademark clearance, U.S. and international trademark prosecution, and U.S. and international litigation and trademark enforcement, including matters before the USPTO’s Trademark Trial and Appeal Board and dozens of trademark offices abroad. Our clients also include other producers of alcoholic beverages, including those with famous trademarks.
Labor and Employment
We have counseled winery owners on the full range of employment matters, including wage-and-hour, discrimination, reasonable accommodation, leaves of absence, and union-related issues. We also have defended numerous wineries in employment-related litigation including single, multi-plaintiff, and class action lawsuits involving ADA Title III, sexual harassment, and other workplace claims. Our experience includes:
• Representation of one of the ten largest wine producers in the United States, providing advice and counseling on labor and employment matters as well as employment-related disputes
• Representation of a family-owned, organic winery regarding workplace policies and employment actions, as well as threatened litigation
• Defense of numerous wineries in Paso Robles, Napa, and Sonoma counties regarding ADA Title III matters
• Defense of a barrel manufacturer in TCA (corkage) litigation
Representative Clients
• Wineries
• Vineyard owners
• Tasting Rooms
• Breweries
• Hotels
• Vineyard management companies
• Investment groups
• Insurers
• Business suppliers
• Wine distributors
• Grape contractors
• Institutional lenders
Our appellate practice group includes attorneys with a breadth of experience, talent, and skill to handle even the most complex and challenging appeals in all areas of civil law. Our persuasive briefs and influential oral arguments not only convince the court that our clients’ positions are right, but often result in precedent for future cases. We routinely consult with trial teams from the inception of the dispute, through pre-trial, trial, and post-trial motion practice. In this way, as trial lawyers are putting on their best case, we are helping them build their trial record for the best possible results on appeal.
We understand the goals of our clients without overreaching, and never lose sight of the fact that we represent real people and entities facing tangible, serious consequences. The personal relationships our attorneys have forged over decades of practice and throughout the appellate community creates instant credibility. We know the justices, and we understand how their past decisions and views are likely to impact rulings in individual cases. This, in turn, allows us to tailor our strategy and our briefs to maximize our clients’ chances of success.
By advancing inspiring arguments grounded in practical realities, our attorneys have earned a reputation for the highest quality advocacy amongst appellate court judges. In addition, the firm has a stellar record of favorable results before the California Supreme Court and in every district of the California Court of Appeal. We also handle cases before the U.S. Court of Appeals for the Ninth Circuit and have submitted briefs to the U.S. Supreme Court.
Experience
- Merits briefs
- Amicus briefs
- Certiorari petitions
- Mandamus, prohibition, and supersedeas petitions
- Other emergency relief
- Anti-SLAPP, summary judgment, and post-trial motions
Check out our Appellate Blog:
There is no “business as usual” in today’s business environment. This is a time of uncertainty and turmoil in the capital markets, supply chains, service industries, retail and e-commerce industry, health industry, and travel industry. Leaders and entrepreneurs find themselves trying to understand how to interpret contract terms in light of these changing circumstances, and how to determine their rights, obligations, and remedies.
Our firm has experience not only with issues unique to early-stage, start-up businesses and their founders, but also with the multiple, complex challenges that large, established companies face with their workforce, bankers, vendors, suppliers, customers, brand, and reputation.
Our extensive experience analyzing, interpreting, drafting, enforcing, and negotiating solutions within the context of commercial and real estate contracts translates to the efficient and effective guidance clients need to stay in front of all the changes. This includes containing and minimizing the effects of COVID-19 on families, companies, employees, business associates, customers, suppliers, and lenders.
Experience
We advise businesses in virtually all industries and sectors in a wide variety of areas, including:
- Bankruptcy and insolvency
- Real estate
- Mergers and acquisitions
- Asset dispositions
- Corporate restructuring
- Privacy
- Labor and employment law
- Employee benefits
- Equity and debt finance
- Tax
- Securities
- Private equity
- Venture capital
- Workforce health and health care
As a California law firm, we have been on the leading edge of cannabis law from the very beginning of its legalization, advising individuals, businesses, real estate owners, and a wide array of investors in California since 2008. We believe in supporting this rapidly growing industry at all levels. As it continues to develop, we proudly serve as outside general counsel to some of the leading cannabis-related startups and established companies in the state. We provide instrumental counsel and guidance to clients looking to ensure that their cannabis/cannabis-related businesses operate in full compliance with applicable state and local law. Our firm has successfully assisted clients throughout the state of California in obtaining necessary permits, approvals, and licenses. We proudly advocate for industry business groups such as NORML, California Growers Association, and CannaAngels.
Representative Clients
- Dispensary owners and operators
- Real estate owners and developers
- Cultivators
- Agriculture/Land owners
- Distributors
- Biotech companies
- Manufacturers (equipment and consumer products)
- Management companies
- Software and ancillary technology companies
- Non-storefront retailers
- Medical and health care providers
- Angel, venture capital, and private equity investors
- Family offices
- Non-profits, co-ops, and collectives
- Advocacy groups
Experience
- Permitting and licensing at the local and state level
- Choice of entity/business formation (including Benefit Corps) and structuring
- Tax (federal, state, and local)
- Real estate (acquisitions, lending, development, leasing, and management)
- Angel/venture investments
- Securities (private placements and public offerings)
- Debt financing
- M&A
- Intellectual property
- Health law
- Senior care law
- Executive compensation
- Labor and employment
- Construction
- Litigation
- Data security
- Land use
- Administrative appeals/litigation
- Regulatory compliance
There is a divergence between federal law and California state and local laws regarding the legality of the production, distribution and sales of cannabis. Compliance with California and local law is not a defense to a federal charge or indictment.
As part of the construction industry's leading edge, our Chambers USA Band 1 ranked Construction Group delivers tailored solutions to serve our clients' business goals. Whether negotiating a state-of-the-art project or resolving a contentious dispute, our attorneys draw from a deep base of experience and a genuine passion for the design and construction industry to pragmatically apply best practices while serving clients’ interests regionally, nationally, or internationally.
In this dynamic field, we understand that not every project ends well and aggressive advocacy is sometimes required. We have prosecuted and defended major construction claims, including delay, loss of efficiency, default termination, surety, licensing, mechanics' lien, and stop notice claims.
We also know how to leverage technology and AI to efficiently analyze and manage the vast quantities of digital information generated on a modern construction project. Further, we understand that insurance often plays a central role in construction disputes and we have considerable experience with construction insurance coverage and indemnity claims. These include general liability, errors and omissions, builders risk, OCIP/CCIP, subcontractor default, and environmental contamination claims. We also recognize that disputes are often best resolved without litigation, and have long used mediation and arbitration successfully, when appropriate.
Our Construction Group is complemented by attorneys in the firm’s related groups, including labor and employment, business, environmental, real estate, insurance recovery, general litigation, and public agency. This close collaboration allows the firm to provide a broad spectrum of specialized legal services tailored to the construction industry.
Experience
• Highway and light rail
• Tunnels and pipelines
• Hospital and health care
• Clean and waste water treatment
• Educational and government
• Coastal and marine
• Geotechnical and environmental
• Commercial and industrial
• Sustainability practice with LEED®-accredited professionals
• High-density residential
Our attorneys have also helped develop processes and standards for Building Information Modeling (BIM), Integrated Project Delivery (IPD), and Lean Construction. Along with sustainability, these are among the most significant developments in the AEC industry. We also have significant experience in other alternative project delivery systems such as design-build and public/private partnerships (P3).
Representative Clients
These include public and private owners, general contractors, architects, engineers, and specialty subcontractors, some of which are ENR Top 100 contractors and ENR Top 50 designers.
• ABB, Inc
• Airco Mechanical, Inc.
• Auburn Constructors, Inc.
• Autodesk, Inc.
• Build Group, Inc.
• California Department of General Services
• Cook Children's Hospital
• East Bay Municipal Water District
• Fremont-Rideout Health Group
• Frank M. Booth, Inc.
• Golden Gate Bridge Highway & Transportation District
• Haworth
• HDR Architecture & Engineering
• HOK
• J.F. Shea Construction, Inc.
• KCS West, Inc.
• Kiewit Infrastructure West Co.
• Kingston Construction
• Knife River Corporation
• Lawrence & Memorial Hospital
• MaineGeneral Healthcare
• Myers & Sons Construction
• Otto Construction
• Prologis
• Roebbelen Contracting, Inc.
• ROMA Design Group
• Royal Electric Company
• San Mateo County Transit District
• S.D. Deacon Corp. of California
• State of California, Department of Corrections
• Sutter Health
• Syblon Reid
• Teichert Aggregates
• Teichert Construction
• Terra Insurance Company
• Tsakopoulos Investments
• UCSF Medical Center
• URS Corporation
California Women in Design + Construction™ Forums (CWDC)
CWDC is an organization of professional women in the design and construction industry that hosts forums to discuss relevant topics and to provide networking opportunities. CWDC was developed by Lisa Dal Gallo, who is advised by a leading group of women executives in the field. For more information, please contact Lisa Dal Gallo.
Integrated Project Delivery (IPD) is a highly effective method for delivering complex projects. Harnessing the knowledge and skill of the entire design and construction team, IPD overcomes many of the dysfunctions documented by the Construction Users Roundtable, the World Economic Forum, McKinsey Global Institute and others. Our attorneys were at the inception of IPD, helping draft the American Institute of Architects, California Council’s ground breaking IPD: A Working Definition (2007 and 2016 update), the American Institute of Architects’ IPD Guide and the definitive text, Integrating Project Delivery published by Wiley in 2017. In addition, we have served as advisory or steering committee members for IPD research projects and white papers.
Although IPD is characterized as a project delivery method, it is most often used in conjunction with Lean principles and processes and utilizing Building Information Modeling (BIM). This is another area were we have taken the lead working with the National Institute of Building Sciences on BIM standards, serving on NBIMS sub-committees, and presenting and participating in Lean Construction Institute programs.
We are proud of our leadership in disciplines that can transform the AEC industry, delivering better value to project sponsors, stakeholders, and the design and construction team.
Experience
- Consultation regarding use of IPD
- Consultation regarding use of BIM
- Lead IPD Workshops pre-contract and for contract negotiation
- Preparation of IPD Agreements and related legal documents
- Insurance counseling
- Serve as project counsel providing legal services and advice to project team
- Serve as project facilitator assisting team in managing IPD project
- Serve as counsel to party in an IPD project
Not only have our attorneys paved the way in IPD, we have executed numerous projects. These projects, located across the United States, Canada and abroad have included:
- Acute Care Hospitals
- Medical Clinics and Medical Office Buildings
- Biotech and Pharmaceutical Facilities
- World Class Theme Park Attractions
- Semi-conductor Manufacturing
- Data Centers
- Software and Tech Facilities
- Financial Service Headquarters
- University Facilities (Residences, Labs, Performing Arts Centers)
- High Schools and other Secondary Education Facilities
- First Responders Support Facilities
- Process and Logistics Facilities
- Net Zero/LEED Platinum Facilities
- Historic Renovations
- Multi-use Development
- Commercial and Office Buildings
Hanson Bridgett provides emerging-growth companies with advice and counsel that allows entrepreneurs to devote their full attention to launching, running, and scaling their business. We act as strategic legal advisors to our clients from the earliest stages of forming their business, to negotiating venture capital financings and other strategic transactions, and everyday legal issues that arise in running a business.
In addition, our interdisciplinary and team-oriented approach provides our clients with expertise in areas such as:
- Corporate Governance
- Intellectual Property
- Securities Regulation
- Employee Benefits & Compensation
- Labor & Employment
- Real Estate & Leasing
- Tax
- Privacy & Data Security
- Litigation & Dispute Resolution
This group uses its extensive experience in representing both funds and investors across a variety of areas within the firm to ensure clients receive the most qualified legal advice possible.
This is an area of law that requires a clear perspective of the big picture. Having represented clients on both sides of the table, we have a detailed understanding and keen appreciation of the attendant concerns. This enables us to counsel clients on the practical aspects of organizing and operating a fund while accounting for market conditions and the relative bargaining power of the parties involved. We readily share our insights and the contacts derived from constant interaction with industry players to achieve clients’ goals efficiently and pragmatically.
Experience
Working as a team, we bring experience that spans the entire lifecycle of fund operations and includes:
- Fund organization, formation, and structuring
- Fund investment transactions
- Tax planning
- Restructuring and recapitalizing of portfolio investments
- Liquidation, restructuring, and winding-down of fund operations
- Negotiation of terms and key issues
- General corporate law
- Finance
- Securities
- ERISA
- Corporate governance
- Employment
- Litigation
- Intellectual property
Representative Clients
- Private equity and venture capital funds
- Leveraged buy-out funds
- Hedge funds
- Real estate funds
- Fund principals and sponsors
- Institutional investors
- Pension funds
- Qualified retirement and governmental plans
- High-net-worth individual investors
Since our inception in 1958, we have represented a wide array of nonprofit entities, including:
- Charities (public charities, private foundations, and private operating foundations)
- Social welfare organizations
- Civic leagues, trade associations, and chambers of commerce
- Social clubs
- Fraternal orders
- Fraternal benefit organizations
- Title-holding companies
- Public/private partnerships and joint ventures
- Agricultural cooperatives
- Housing cooperatives
We routinely advise our clients throughout their life cycle, from formation to dissolution. Our typical advice includes:
- Incorporation
- Choice of entity (corporation/trust/unincorporated association)
- Choice of corporation (nonprofit public benefit, mutual benefit, religious)
- Donor advised funds
- California Nonprofit Integrity Act
- Uniform Prudent Management of Institutional Funds Act
- Corporate governance best practices
- Public support tests and related tax planning
- Private foundation compliance, including excise tax issues
- Planned giving; charitable remainder trusts
- Unrelated business income
- Private benefit
- Private inurement
- Intermediate sanctions
- Affiliations with other nonprofit entities
- Joint ventures (for profit and nonprofit, public and private)
- Charitable trust doctrine
- Attorney General oversight and approvals
- Downsizing
- Consolidation
- Loans (tax-exempt and taxable, private and bond financed)
- Mergers
- Conversions (e.g., C corporation to nonprofit public benefit corporation)
- Changes in purpose
- Sales (including bargain sales)
- Leases
- License agreements
- Risk management, litigation
- Bankruptcy
- Dissolution
Philosophy
We consider it our responsibility to be practical. This includes using plain English, arriving at simple, elegant solutions, and giving direct answers. Our mission is to help keep the independent sector vibrant and viable.
Public Advocacy
We remain on the cutting edge of legal developments and routinely speak on current nonprofit issues at ABA meetings and meetings of various nonprofit trade associations. We have also contributed articles on corporate governance, executive compensation, and intermediate sanctions to scholarly journals including The Journal on Taxation, Taxation of Exempts, and The Exempt Organization Tax Review.
Our practice leader is a co-author of the annual edition of the California Continuing Education of the Bar treatise, Advising California Nonprofit Corporations, and a past Chair of the Tax-Exempt Organizations Committee of the Taxation Section of the State Bar. A recognized authority on nonprofit and tax-exempt issues, she testified before the IRS on intermediate sanctions issues and regularly advocates on behalf of the charitable sector.
Representative Clients
- By the Bay Health
- Franciscan Friars of California
- On Lok
- The PG&E Corporation Foundation
- Fine Arts Museums of San Francisco
- San Francisco Performing Arts Center Foundation
- Steinberg Institute
- LeadingAge California
- California Assisted Living Association
- SFMade
- Saint Francis Foundation
- Jewish Family and Children's Services
- Little Sisters of the Poor of Los Angeles
- Keiro Services
- Native American Health Center
- Retirement Housing Foundation
- HumanGood
- Front Porch
- Sequoia Living
- Saban Community Clinic
- Peninsula Volunteer Properties
- Numerous family foundations
The Health Privacy Practice Group is dedicated to helping health care clients navigate the tricky regulatory framework and requirement of state and federal privacy laws. Our areas of experience include advising clients on:
- HIPAA and California’s Confidentiality of Medical Information Act (CMIA)
- Confidentiality of Psychiatric Information under the California Lanterman-Petris-Short Act
- Confidentiality of HIV Testing Information under California law
- Confidentiality of Substance Use Disorder Patient Records (Part 2)
- State consumer privacy laws (California Consumer Privacy Act, California Privacy Rights Act)
- General Data Protection Regulation (GDPR)
- 21st Century CURES Act
- California Data Exchange Framework (DxF)
- Family Educational Rights and Privacy Act (FERPA) intersection with special education students and health/therapy records
- Security incident response, including privacy/security investigations; breach analysis; and working with breach counsel, investigators, and consultants
- Data breach notifications, including to patients and state/federal agencies and AG offices
- Protecting electronic communications (faxing, emailing, and texting PHI)
- Social media and privacy issues
- Privacy implications of new developments such as telehealth and use of smart devices when providing care and services
- Special knowledge of consumer data breach class actions, including tactics of plaintiff attorneys in building liability cases emanating from health information security breaches
Past client projects include:
- Drafting:
- Federal and state HIPAA Privacy and Security Policies & Procedures
- Privacy and Security Policies & Procedures for non-HIPAA covered entities
- 21st Century CURES Act Protocol
- Substance Use Disorders (Part 2) Policies & Procedures
- Preparing and negotiating HIPAA Business Associate Agreements
- Implementing compliance plans for CCPA and CPRA
- Protecting PHI in electronic and hard copy patient records during litigation (e.g., drafting discovery stipulations for protective orders governing health information)
- Protecting health information in electronic communications with government and non-government entities (e.g., government agencies; Medical Board of California)
We offer full-service counsel to entertainment and rapid growth media companies. Our clients include studios, production companies, investors, independent producers, advertisers, brands, executives and other entertainment entrepreneurs. We are committed to delivering high value, strategic advice in the ever-changing media ecosystem that balances risk mitigation with real world impact.
As a full service law firm, we also serve as outside general counsel to companies with growing legal needs, offering bespoke solutions to complex problems. We partner with our clients through cutting-edge technology solutions to manage their legal affairs in cost-effective collaboration.
Experience
Our group provides a wide variety of specialized services to the entertainment industry, including:
- Film and television financing and distribution
- Corporate formation
- Mergers and acquisitions (including film and television library sales)
- Advertising and influencer contracts
- Labor and employment disputes
- HR investigations
- Executive compensation and employee benefits
- Real estate acquisition, development and leasing
- Business litigation
- Consumer privacy and other regulatory compliance
Additionally, we have significant experience with all aspects of intellectual property in the entertainment industry, including:
- Title clearance
- Trademark clearance
- Trademark/brand management and enforcement
- Domestic and global title and trademark protection strategy and prosecution
- Copyright search and prosecution
- Trademark litigation and copyright disputes
- Counseling regarding trademark, copyright, right of publicity, and other intellectual property issues
Proposition 13, 218, 26, and related ballot propositions and state laws significantly constrain California public agencies' ability to raise revenues. These laws limit property tax rates, require voter approval of general and special taxes, and impose procedural and substantive limitations on approving and collecting rates and charges even for essential public services.
Our attorneys advise cities and special districts on revenue matters associated with the adoption, levy, and defense of taxes, assessments, fees, and charges. We consult with clients during the ratemaking process to assist with compliance with Proposition 218, 26, and related Constitutional and state law requirements. We provide advice and counsel regarding existing rates, and assist with litigation if taxes, rates, fees, or charges are challenged in court. We have a particular focus on water and wastewater fees and charges.
In addition to advising on taxes and fees, our attorneys have experiencing financing a broad array of projects, including water and sewer system improvements, utility projects, affordable housing, and wetlands and open space preservation. We assist with State Revolving Fund (SRF) loans, act as issuer's counsel for bond funding, and work on formation of assessment districts and various other financial structures.
Environmental, social, and governance (ESG) business issues is a constantly evolving landscape that affects every business and organization today. Businesses must evaluate the complex economic, cultural, and legal landscape across their industry and develop plans for how best to respond to be competitive. Much like the work, the language surrounding sustainability and ESG is daunting and complex. What matters most to our clients – the companies, government agencies, boards, investors, charities and foundations, entrepreneurs, and stakeholders – is that Hanson Bridgett offers sustainable solutions and adaptable strategies to maximize financial outcomes and social impact value.
Apart from the proven track record, we built our reputation as thought leaders in this space by being some of the earliest adopters and holding ourselves accountable. In 2007, we became a founding B Corp (a global certification for companies that meet the highest standards of social and environmental performance, accountability, and transparency) and was the first law firm to achieve B Corp certification. In 2011, one of our partners led the legal working group that pioneered the for-profit benefit corporation (a multistakeholder corporate form that allows entrepreneurs to embed their social and environmental mission into their Articles of Incorporation). B Corp certification is now available to businesses in 36 states, including California and Delaware, and internationally.
Today, embracing ESG is no longer optional (it’s imperative). Your business is a force for good and our Corporate team specializes in unleashing that force, regardless of industry or where you’re at on your journey. From start-up to acquisition and from tech to venture capital – we provide the solutions and guidance for any business to navigate the complex business, industry and regulatory challenges and thrive sustainably. The work spans across practice groups, with dedicated ESG & Sustainable Business lawyers frequently collaborating with a variety of teams to meet the need, no matter what specialty or industry, including: Corporate Governance, Labor and Employment, Environmental Law, Water Law, Financial Services, Litigation, Construction, Real Estate, Public Agencies and other Government entities, Technology, and Transportation.
Running a socially and environmentally responsible business is smart business. Traversing the legal and regulatory challenges in order to maximize the opportunity and value is where we come in.
Custom-tailored services include:
- Diversity, Equity and Inclusion (DEI) Strategy and Program Design
- ESG and Sustainable Business Corporate Governance and Compliance
- ESG and Sustainable Business Reporting (annual assessments and regulatory disclosures)
- Sustainable Business Financing Design and Documentation
- Design and Implementation of Capital Structures that preserve and enhance ESG and sustainability (including proposed law changes)
- ESG and Sustainability Focused Due Diligence and Accountability Measurements
- Sustainable Business Board Governance Advice and Strategy (including risk assessment and best practices)
Our health care practice is one of California's largest, having assisted providers in every segment of the health care industry with their legal needs for more than 65 years.
Health care is a complex and competitive field. As recognized experts in the issues that confront our clients, our attorneys are routinely called upon to serve clients in a wide variety of capacities. These include forming health provider entities; assisting in the business and regulatory aspects of mergers, acquisitions, and affiliations; obtaining and maintaining clients' tax exemptions; negotiating with payors; and advising providers regarding the myriad laws regulating and restricting their ability to do business with other providers, payors, and vendors.
A substantial part of our practice involves issues arising from our clients' operations. Examples are the state licensing laws and Medicare and Medi-Cal certification standards governing health care facilities; the privacy and security of electronic health information; compliance with federal and state laws prohibiting illegal referral fee arrangements, and advising regarding scope of practice issues.
Experience
- Corporate issues
- Tax and tax exemption matters at federal and state levels
- Tax-exempt bond financing
- Licensure
- Medicare and Medi-Cal certification
- Fraud and abuse
- Compliance plans
- Americans with Disabilities Act matters
- Professional contracts
- Managed care contracting
- Physician recruitment
- Payment/reimbursement
- Ancillary health services
- Medical staff credentialing, peer review, and QA activities
- Patient care issues
- Vendor relations
- Health information privacy and security
- Labor, employment, executive compensation, and employee benefits
Representative Clients
- Hospitals and hospital systems
- Physician groups
- Behavioral health providers
- Medical staffs
- Skilled nursing facilities
- Federally qualified health centers
- Home health agencies
- Hospices
- Air ambulance companies
- Health industry trade associations
- Integrated delivery systems
Artificial intelligence (AI) has witnessed remarkable growth, ushering in a transformative era for businesses and industries around the globe. Both private and public sector entities are rapidly progressing in the creation, development, deployment, and utilization of AI systems, technologies and capabilities, giving rise to unprecedented legal challenges and new ethical questions. Hanson Bridgett has remained at the forefront of this rapid evolution, consistently providing clients with comprehensive insights, research, and counsel to navigate this emerging and ever-evolving legal landscape.
In March of 2023, we formally established an AI Task Force to leverage AI tools to efficiently serve client needs and continue our pursuit of innovative legal strategies for our clients.
Leveraging AI Tools
Our task force is working to harness the rapidly expanding real-world applications of AI. We have long used machine learning, but as AI products proliferate in the legal practice, AI will be increasingly critical to solving problems and providing solutions that benefit clients. Hanson Bridgett has met with several vendors and is actively working to partner with highly qualified teams to invest in the future of legal AI. While some firms and corporations have begun using AI tools, we are taking a deliberate approach to ensure that our partnerships and investments of resources are of the outstanding quality our clients expect. We recognize that AI will change client expectations about the quality and efficiency of attorney work product, and we continue to be proactive in the face of this new technology.
Advising Our Clients
Our task force also assembles a highly skilled, interdisciplinary team of lawyers to provide thought leadership on the legal challenges presented by AI and to help our clients manage and mitigate the risks as they adopt new AI technologies. Our cross-sectional team includes professionals from various practice areas, encompassing the following:
- Intellectual Property
- Privacy, Data Security and Governance
- Product Liability & Torts
- Corporate
- Labor & Employment
- Business Litigation
- Ethics and ESG (Environmental, Social, and Governance)
Our proactive establishment of the AI task force marks a pivotal commitment to navigating the complex intersection of AI and the legal landscape. By assembling a proficient, cross-disciplinary team, we are not only positioned to harness the benefits of AI but to effectively guide clients through associated legal intricacies. Our strategic approach, characterized by thorough research, tactical partnerships, and a commitment to exceptional quality, reflects a dedication to meeting evolving client expectations in an era where AI is reshaping the standards of legal practice. This approach ensures that we remain at the forefront of the transformative AI landscape, providing clients with innovative solutions and effectively managing risks associated with this rapidly evolving technology.
We welcome media inquiries and opportunities for interviews, Q&A sessions, and collaborative discussions to share insights from our AI task force, showcasing our commitment to transparency, knowledge-sharing, and contributing to the broader dialogue on the intersection of AI and the legal profession.
Our diverse and experienced corporate attorneys partner with business leaders on a wide variety of strategic and legal issues. By providing sophisticated, astute, and practical legal advice, we guide our clients on the benefits and risks of their transactions and provide creative solutions to meet their objectives efficiently and effectively.
Representative Experience
- Mergers & acquisitions
- Emerging companies and venture financing
- Entity formation
- Fund formation
- Governance and compliance
- Securities offerings
- Securities reporting and regulation
- International and cross-border transactions
- Tax services
- Foreign account disclosures
- Shareholder disputes
- Succession planning
- Intra-family planning issues
Representative Industries
Our clients include public and private corporations, limited liability companies, partnerships, entrepreneurs, and nonprofit institutions from diverse industry sectors, including:
- Technology
- Hospital/health care
- Senior living and managed care
- Wealth advisory
- Transportation
- Venture capital
- Agriculture
- Entertainment
- Manufacturing
- Restaurant and hospitality
- Retail and design
- Trade and professional associations
- Higher education
- Government and other public agency
- Construction
- Commercial real estate
Our firm focuses exclusively on management-side employment law in a wide variety of industries: construction, manufacturing, health care, senior housing and care, finance, transportation and logistics, government, and public agency. We represent prominent national clients, as well as clients with a statewide and regional presence. Our relationships with many of these have lasted 30+ years in part due to our reputation for strategic thinking, creative problem solving and leading edge advocacy.
Experience
- Civil rights and impact litigation
- Complex employment class actions
- Employment discrimination disparate impact class actions
- FLSA collective actions
- PAGA representative actions
- Wage and hour & meal period and rest break class actions
- Employment Agreement arbitrations
- Disability discrimination litigation
- Individual employee employment discrimination, harassment, retaliation and wrongful termination litigation
- Employee benefits litigation
- Employment agreements
- Employment law advice and counseling, including advice concerning federal, state and local laws mandating employee leaves of absences, advice concerning employee disciplinary issues, counseling and advice concerning employee job performance issues and counseling and advice concerning employee separations including, reductions in force, layoffs, job eliminations and involuntary separations
- Advice concerning or leading collective bargaining negotiations
- Advice and counsel concerning the administration of collective bargaining agreements
- Labor arbitrations under collective bargaining agreements
- Advice and counsel concerning labor organizing drives, union picketing and strikes
- Workplace investigations and various manager and supervisor trainings
- Administrative proceedings and hearings before the National Labor Relations Board (NLRB), California’s Public Employee Relations Board ( PERB), the California Department of Civil Rights (CDCR) and the Equal Opportunity Commission (EEOC)
- Personnel policies and handbook
- Advice and counsel and litigation concerning trade secrets and unfair competition issue
- Wage and hour advice including DLSE and DOL investigations
- Whistleblower litigation
This group includes experienced attorneys from the requisite legal disciplines within the firm, who work together to strategize and create solutions for clients. Collectively, they bring the variety of skills and experience required to effective deal with the breadth of corporate governance issues clients face.
In today’s business environment, corporate governance spans a wide range of legal issues, from securities, ethics, and labor to benefits, criminal law, and more. This is why experience in corporate governance is as important as the law itself. Further, when issues are raised, they must be dealt with rapidly. Otherwise, the risk is high that the organization can be tainted and suffer a substantial cost with respect to numerous aspects of its business, including stock price, the ability to borrow, and the ability to attract and retain board members.
Our seasoned attorneys are fully prepared to address issues faced by publicly held, privately held, and non-profit organizations with the keen judgment that can only come from having worked extensively with these issues.
Experience
- Financial disclosure
- Insider dealing and ethical standards
- Increased responsibilities of CEOs, CFOs, and audit committees
- Increased responsibilities of attorneys and accountants
- Whistleblower rules and codes of conduct for employees
- Potential criminal liability
- "Who is your lawyer?" – a serious issue with the new rules
- Limits on employee benefits
- Fiduciary responsibility
Representative Disciplines
- Corporate and securities
- General business
- Ethics
- White collar crime
- Professional responsibility, including both law and accounting
- Labor
- Employee benefits law
- Charitable and non-profit organizations
- Litigation
Hanson Bridgett public agency and construction section attorneys have long history of assisting our public agency clients with their infrastructure projects across California. We have drafted, assembled or revised hundreds of sets of procurement documents for a wide range of infrastructure facilities, often valued in the hundred of millions of dollars, including:
- Bus transit facilities
- Rail transit facilities
- Ferry transit facilities
- Transit maintenance facilities
- Transit tunnels
- Recycled water facilities
- Desalination facilities
- Water transmission and treatment facilities
- Wastewater transmission and treatment facilities
- Community college facilities
- Healthcare Facilities and Hospitals construction, including seismic retrofits
- Photovoltaic infrastructure
- Office buildings
Our goal is to help clients achieve a successful outcome for their projects considering the clients' objectives and criteria. Early in the project we assist clients with evaluating project delivery options available under applicable law. We have significant recent experience with a number of design-build and progressive design-build projects, which is perhaps the fastest growing delivery method for public works projects in California. After assembling the procurement and contract documents, we assist clients with bid and proposal award procedures including resolution of any protests. We normally remain engaged with the project after award to assist with any issues that may arise during design and construction, particularly if there are significant change order negotiations or disputes. Where there are disputes or construction claims Hanson Bridgett's Chamber's ranked construction colleagues lend a hand to help resolve matters informally or litigate the disputes.
Our infrastructure practice is bolstered both by our government practice group and our construction practice group. By combining the expertise of these two groups, we provide our clients with a unique breadth and depth of knowledge and experience on all aspects of public construction law, project delivery, contract drafting issues, and resolution of claims and disputes. Our government group attorneys have served as general counsel to a variety of public agencies in the transportation, water, sanitation, fire, hospital, and municipal sectors for more than 40 years. That experience has allowed us to develop insights into how public agencies function. Our construction group has a national-level practice focusing on complex private and public construction projects and disputes, and is staffed by attorneys who are recognized as being among the best in their field, many of which have engineering and construction experience. Combining these two strengths allows Hanson Bridgett to guide clients through all of the complexities infrastructure projects can present with practical solutions, skill, and judgment. We look forward to adding value to your teams.
Our seasoned team offers the broad spectrum of legal experience needed to provide comprehensive advice to benefit plans, plan sponsors, fiduciaries and service providers. We leverage this depth and diversity to help clients to develop creative and practical solutions to a wide variety of complex employee benefits matters, including qualified retirement plans, employee benefits in mergers and acquisitions, executive and equity compensation, fiduciary responsibility, and health and welfare plans.
We understand that employee benefits and compensation issues can be complicated and costly for you. In advising clients, we draw on our vast experience as well as that of attorneys from other relevant disciplines within our firm, including tax counsel and corporate counsel, to help clients resolve these issues effectively and efficiently.
Experience
In addition to providing counsel for ERISA, tax, labor, and securities laws, we are conversant with all aspects of the design and administration of retirement plans (including 401(k)s and ESOPs), cafeteria plans, health benefit plans (including cost containment issues), employment agreements, early retirement incentive programs, change-in-control counseling, and the legal aspects of investment of plan assets. In particular, we deal with:
- Retirement plans. This area includes 401(k) plans, pension plans, profit-sharing plans, 403(b) plans and 457(b) plans, including religious and governmental plans. We advise on plan design, draft plan documents, assist with investment manager and service provider contracts, consult on plan administration and nondiscrimination testing, obtain determination letters from the Internal Revenue Service (IRS), correct errors under the IRS Employee Plans Compliance Resolution System, monitor changing laws and regulations, assist with qualified domestic relations orders (QDROs), and represent clients in IRS and Department of Labor audits.
- Fiduciary responsibility and liability. We counsel clients, both public and private, on the responsibility and liability under state and federal law associated with their roles as fiduciaries with respect to employee benefit plans. We provide counseling regarding prohibited transactions, fiduciary training, procedures for decision-making, and investment policies.
- M&A and restructuring transactions. In mergers, sales, or acquisitions of businesses, we offer "diligence" review of employee benefit matters and participation in negotiating and drafting the agreement between the parties. We advise clients throughout the transition period associated with any merger, sale, or acquisition.
- Executive and equity compensation. We advise clients in matters involving various compensation programs, including stock option, stock purchase and phantom stock plans, other equity incentive programs, deferred compensation arrangements, supplemental retirement and excess benefit plans, plans for outside directors, and other prerequisites. We prepare employment agreements and severance agreements, and assist in establishing trusts used to fund payments under any such agreement. We also advise clients regarding change in control issues involving golden parachutes.
- Health and welfare plans. We assist clients with health care plans, group insurance (such as life and disability insurance plans), cafeteria plans, severance pay plans, post-retirement insurance programs, and the mechanisms for funding any of these. We also advise clients on Affordable Care Act, COBRA continuation coverage, Family and Medical Leave Act (FMLA) and Health Insurance Portability and Accountability Act (HIPAA) compliance.
- Health care. We advise clients on PPOs, employer-sponsored provider networks, managed-care arrangements, and other responses to rising health care costs.
- Tax and estate planning. In conjunction with our Estate Planning and Tax groups, we advise individuals on how to deal with beneficiary designations, benefit distributions, IRA rollovers, income and estate tax elections, and the related planning opportunities.
- Benefit claims and litigation. We have diverse experience in advising clients regarding claims made against employee benefit plans. We also offer litigation and arbitration experience in matters involving claims disputes and fiduciary liability.
- Employment tax audits. We routinely represent clients in IRS employment tax audits, and regularly advise clients on employment tax compliance, including advising public sector employers on Social Security coverage issues.
- Public plans. Our team has extensive experience advising public sector clients regarding employee benefits. We advise numerous public pension funds and agencies in California, from very large defined-benefit and defined contribution systems to smaller systems, on tax and benefits matters. In addition, we regularly advise our public sector clients on issues related to their health and welfare plans.
Key Contacts
News & Resources
Employer's Good Faith Belief Is A Defense To Wage Statement Penalties, Says The California High Court
The California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that an employer's good faith belief that it complied with California's wage statement law, Labor Code section 226, is a defense to the employer's liability for wage statement penalties. For penalties to be owed, section 226 requires that an employer's failure to comply with the statute be "knowing and intentional."
Things Providers Need to Understand Regarding Surrogate Decision Makers
Allan Jergesen of Hanson Bridgett dives into five things providers should keep in mind while determining legal authority.
California Expands Progressive Design-Build Authority to Most Public Agencies
More flexibility presents new challenges. Agencies can simplify contracting for complex projects, but face challenging negotiations and price uncertainty.
What The FTC’s Ban On Non-Compete Agreements Will Mean For California
The FTC's new rule prohibiting non-compete agreements has already made a big impact even before going into effect. But what does that mean for California employers specifically, given California's existing rules on non-compete agreements? This alert will discuss the new FTC rule and how it compares to the California legal landscape.
DOJ Mandates Website Standards: Justice Department Sets New Technical Requirements for State and Local Entity Websites and Deadlines for Compliance
On April 24, 2024, the DOJ published a Final Rule establishing technical requirements for web accessibility by public agencies. The Final Rule goes into effect on June 24, 2024 and applies to public entities, including special districts.
The EPA Designates Two PFAS Compounds as “Hazardous Substances” Under CERCLA, Triggering Potential Cleanup Liabilities for Private and Public Entities
CERCLA now requires that owners and operators clean up PFOA or PFOS contamination on their properties.
Is Compliance with Air District Regulations Proving to be Difficult?
Businesses can apply for variances to continue operating despite air rule violations. Variances are subject to hearings which resemble courtroom proceedings, where both parties present evidence and public testimony may influence decisions.
The EPA Finalizes PFAS Drinking Water Limits While California Adopts Public Health Goals for PFOA & PFOS, Which Will Have Wide Ranging Effects
The US EPA moves ahead with new PFAS regulations, which affect public water systems, wastewater treatment operators, and contaminated site cleanups.
QSBS Holding Period and $50 Million Test in Ju vs. United States: A Patent Oversight
In Ju vs. U.S., the U.S. Court of Federal Claims rejects the taxpayer's arguments on establishing holding period and satisfying the aggregate gross assets test for QSBS purposes.
Bradford Hise, General Counsel at Hanson Bridgett, on How Attorneys Can Use Generative AI Effectively and Ethically
Katherine Proctor from CEB spoke with Brad Hise about the ethical landscape of using AI in the practice of law, and how attorneys can use the new technology effectively while continuing to fulfill their professional responsibilities.