Best Best & Krieger News Feedhttp://www.bbklaw.com/?t=39&format=xml&directive=0&stylesheet=rss&records=20&OL=59Best Best and Krieger is a Full Service Law Firmen-us30 Aug 2015 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssPublic Safety Specialist - LA/Irvine/Riverside/Ontario Officehttp://www.bbklaw.com/?t=40&an=41974&format=xml<p><span style="font-size: medium"><span style="font-family: Arial">We have an immediate opening for a mid-level to senior attorney with experience in public safety matters and criminal prosecution. The Public Safety Specialist will handle and supervise all code enforcement and gun confiscation cases for our municipal clients in the Inland Empire, Los Angeles, and Orange County areas.&nbsp; This is a non-partnership track position that will require travel to client offices and courts throughout those regions.&nbsp; <br /> <br /> Qualified applicants are invited to apply online by clicking the link below. Applicants must attach a resume, transcript and cover letter to be considered for employment. This self-apply feature is compatible with Internet Explorer 6, 7, 8 &amp; 9, Mozilla Firefox for Windows, or Safari for Macintosh. </span></span></p> <p><a target="_blank" href="https://lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx?%40Pl3%3cKWEX%40=2%3e4&amp;%3db8=8_CG"><span style="font-size: medium"><span style="font-family: Arial">lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx</span></span></a></p> <p><span style="font-size: medium"><span style="font-family: Arial">Please address your cover letter to:<br /> <strong>Jill N. Willis<br /> </strong><em>Chief Talent Officer<br /> </em>Best Best &amp; Krieger LLP<br /> 300 South Grand Avenue, 25th Floor<br /> Los Angeles, CA 90071<br /> <br /> <em><strong>No phone calls or emails please</strong></em><br /> <br /> </span></span><span><span><b><i>Best Best &amp; Krieger LLP is an Equal Opportunity Employer.</i></b></span></span></p>Job Openings at BB&K13 Jul 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=41974&format=xmlAB 1825 Sexual Harassment Avoidance Training (April 28)http://www.bbklaw.com/?t=40&an=29354&format=xml<p>California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with fifty or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee that has a supervisory role in operations. This presentation is designed to satisfy those requirements.</p> <p>Joseph Ortiz presented the training from the Riverside office. All other BB&amp;K offices participated in the training via state-of-the-art video conferencing. The video conference is interactive, allowing attendees to ask questions and participate in other ways.</p> <p><strong>What&nbsp;was covered:</strong></p> <ul type="disc"> <li>What constitutes sexual harassment or discrimination in the workplace</li> <li>How to recognize and avoid it</li> <li>What procedures to follow if you witness harassment or are harassed yourself</li> <li>The potential consequences - including personal liability - of sexual harassment</li> </ul> <strong><br /> Audience:</strong><br /> <br /> <ul type="disc"> <li>Supervisors</li> <li>Human Resources Professionals</li> <li>Public Officials</li> <li>Managers &amp; Private Business Professionals with 50 or More Employees</li> </ul> <p><strong>When: <br /> </strong><br /> Monday, April 28<br /> 9:00 a.m. - 11:00 a.m.<br /> <br /> <strong>Registration:<br /> </strong><br /> The training&nbsp;was also&nbsp;held via video conference at the following BB&amp;K offices throughout California.</p> <ul> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92ilu4x8e4f1769 ">Indian wells </a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92ikck04a9b0260 ">Irvine</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92ik142c14495e7 ">Los Angeles </a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92iiuzb32e32c77 ">Ontario</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92im5gq20a742bf ">Riverside</a> &ndash; Joseph Ortiz presented from the Riverside office</li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92ijc124031fe4e ">Sacramento </a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92in74a921a8f79 ">San Diego</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e92ihe1q893ecf8b ">Walnut Creek</a></li> </ul> <p><strong>BB&amp;K Presenter:<br /> <br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong>QUESTIONS:<br /> <br /> </strong>Contact <a href="mailto:katey.lamke@bbklaw.com">Katey Lamke</a> if you have any questions about this event and/or about BB&amp;K upcoming seminars/events.<br /> <br /> If you are not currently receiving our Legal Alerts and would like to be added to our email distribution list, please visit our <a target="_blank" href="http://www.bbklaw.com/?p=2121">subscription page</a>.</p>Seminars and Webinars28 Apr 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=29354&format=xmlAB 1825 Sexual Harassment Avoidance Training (January 13)http://www.bbklaw.com/?t=40&an=27263&format=xml<p>California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with fifty or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee that has a supervisory role in operations. This presentation was designed to satisfy those requirements.</p> <p>Joseph Ortiz presented the training from the Riverside office. All other BB&amp;K offices participated in the training via state-of-the-art video conferencing. The video conference was interactive, allowing attendees to ask questions and participate in other ways.</p> <p><strong>What was covered:</strong></p> <ul type="disc"> <li>What constitutes sexual harassment or discrimination in the workplace</li> <li>How to recognize and avoid it</li> <li>What procedures to follow if you witness harassment or are harassed yourself</li> <li>The potential consequences - including personal liability - of sexual harassment</li> </ul> <p><br /> <strong>Audience:</strong></p> <ul type="disc"> <li>Supervisors</li> <li>Human Resources Professionals</li> <li>Public Officials</li> <li>Managers &amp; Private Business Professionals with 50 or More Employees</li> </ul> <p><br /> The training&nbsp;was also held via video conference at the following BB&amp;K offices throughout California:</p> <ul> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8npr0v85e244cf7">Indian wells</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8nps63a6249655c">Irvine</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8nptx6b7dbc5f11">Los Angeles</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8npxtd32768a3e7">Ontario</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8ke47kt9505c0f8">Riverside</a> &ndash; Joseph Ortiz presented from the Riverside office</li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8npx5rf1183de45">Sacramento</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8jqowqm53d0b300">San Diego</a></li> <li><a href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e8npygjc9ccfbc90">Walnut Creek</a></li> </ul> <p><strong><br /> BB&amp;K Presenter:<br /> <br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong><br /> QUESTIONS:<br /> <br /> </strong>Contact <a href="mailto:katey.lamke@bbklaw.com">Katey Lamke</a> if you have any questions about this event and/or about BB&amp;K upcoming seminars/events.<br /> <br /> If you are not currently receiving our Legal Alerts and would like to be added to our email distribution list, please visit our <a target="_blank" href="http://www.bbklaw.com/?p=2121">subscription page</a>.</p>Seminars and Webinars13 Jan 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=27263&format=xmlBB&K Hires Former Prosecutor to Join Public Safety Practicehttp://www.bbklaw.com/?t=40&an=26875&format=xml<p><strong>For Immediate Release:</strong> Nov. 21, 2013<br /> <strong>Media Contact:</strong> Jennifer Bowles &bull; 951.826.8480 &bull; jennifer.bowles@BBKlaw.com</p> <p><strong>IRVINE, Calif. </strong>_ Tamara Bogosian, a former deputy city attorney and county prosecutor, recently joined Best Best &amp; Krieger LLP where she will defend cities and public safety officers in liability cases as part of the law firm&rsquo;s public safety group. She also will oversee complex code enforcement cases across Southern California.<br /> <br /> Prior to joining BB&amp;K, Bogosian supervised the litigation unit at the Fresno City Attorney&rsquo;s Office where she handled various public safety liability issues ranging from false arrest and excessive force to Fourth Amendment violations claims. In addition, she was a member of the critical incident response team, responding to officer-involved shootings and other critical incidents.<br /> <br /> &ldquo;Tamara has a depth of experience with public safety issues that make her a tremendous addition to our team,&rdquo; said G. Ross Trindle, III, an Ontario-based attorney who heads the public safety group, part of BB&amp;K&rsquo;s municipal law practice.<br /> <br /> An of counsel attorney at BB&amp;K, Bogosian is based in the firm&rsquo;s Irvine and Ontario offices. In addition to police liability and code enforcement, she will represent public agencies in cases involving the Public Records Act, premises liability and other public safety issues.<br /> <br /> &ldquo;BB&amp;K has a great reputation for municipal law and a solid record of helping their clients with public safety issues, which I felt was a great fit for me given my background in providing legal advice to law enforcement officials,&rdquo; she said.<br /> <br /> Bogosian has been practicing public law in California for 14 years, beginning in 1999 when she became a deputy district attorney with the Ventura County District Attorney&rsquo;s Office.</p> <p>In 2005, Bogosian joined the Fresno County District Attorney&rsquo;s Office, where she was assigned a grant position prosecuting driving-under-the-influence offenses, including vehicular manslaughter, through a grant provided by the California Department of Transportation&rsquo;s Office of Traffic Safety.<br /> <br /> In 2006, Bogosian joined the Fresno City Attorney&rsquo;s Office where she was assigned to the civil litigation unit. There, she represented the city and its employees in both federal and state courts involving such matters as the Public Records Act, civil rights, police liability, Pitchess motions, code enforcement, dangerous condition of public property, and other law enforcement related constitutional claims. In 2013, she was promoted to supervising deputy city attorney in the litigation unit and worked directly with the mayor, city council, city manager and their staff on various high-level legal matters.<br /> <br /> Bogosian received her law degree in 1998 from Western State University College of Law in Fullerton. She is fluent in Armenian.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p>Press Releases21 Nov 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=26875&format=xmlBB&K Seminar: Statements of Economic Interests - Legal Requirements of Filing Officers & Officialshttp://www.bbklaw.com/?t=40&an=25124&format=xml<p>This program addressed the statutory duties of public agency filing officers and officials regarding Form 700 Statements of Economic Interests (SEIs).</p> <p><b>What&nbsp;was covered:</b></p> <ul> <li>Legislative &amp; Regulatory Changes</li> <li>General Rules &ndash; What&rsquo;s Your Role? <ul> <li>Types of Public Officials &ndash; PRA vs. CIC</li> <li>Disclosure Requirements &ndash; Full vs. Limited</li> </ul> </li> <li>Guidelines &ndash; Notices, Fines &amp; Waivers</li> <li>SEI Reviews &ndash; Facial vs. Full <ul> <li>What to Look For &ndash; Common Errors</li> </ul> </li> <li>SEI Records &amp; Retention</li> <li>Public Access &ndash; Two Days</li> <li>Enforcement &ndash; Reporting Apparent Violations</li> <li>What February 1 Deadline?</li> </ul> <p><br /> <b>Audience:</b><br /> City Clerks and Deputy City Clerks, Filing Officers and Filing Officials designated in agency conflict of interest codes; and assistant or backup personnel<br /> <br /> <b>Cost Per Person:</b><br /> $75 for clients who participate in the Public Policy &amp; Ethics program<br /> $125 for non-participants in the Public Policy &amp; Ethics program<br /> <br /> <strong>BB&amp;K Presenter:</strong><br /> Dianna Valdez, Senior Paralegal, Conflicts of Interest &amp; Ethics Coordinator, Public Policy &amp; Ethics Group<br /> <br /> <strong>QUESTIONS:</strong><br /> Contact <a href="mailto:katey.lamke@bbklaw.com">Katey Lamke</a> if you have any questions about this event and/or about BB&amp;K upcoming seminars/events.<br /> <br /> If you are not currently receiving our Legal Alerts and would like to be added to our email distribution list, please visit our <a target="_blank" href="http://www.bbklaw.com/?p=2121">subscription page</a>.</p> <p>&nbsp;</p>Seminars and Webinars13 Nov 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=25124&format=xmlAB 1825 Sexual Harassment Avoidance Training (August 27)http://www.bbklaw.com/?t=40&an=21647&format=xml<p>California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with fifty or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee that has a supervisory role in operations. This presentation was designed to satisfy those requirements.</p> <p>Joseph Ortiz presented the training from the Riverside office. All other BB&amp;K offices participated in the training via state-of-the-art video conferencing. The video conference was interactive, allowing attendees to ask questions and participate in other ways.</p> <p><strong>What&nbsp;was covered:</strong></p> <ul type="disc"> <li>What constitutes sexual harassment or discrimination in the workplace</li> <li>How to recognize and avoid it</li> <li>What procedures to follow if you witness harassment or are harassed yourself</li> <li>The potential consequences - including personal liability - of sexual harassment</li> </ul> <p><br /> <strong>Audience:</strong></p> <ul type="disc"> <li>Supervisors</li> <li>Human Resources Professionals</li> <li>Public Officials</li> <li>Managers &amp; Private Business Professionals with 50 or More Employees</li> </ul> <p><br /> The training&nbsp;was also held via video conference at the following BB&amp;K offices throughout California:</p> <ul type="disc"> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjuCA1qNAEkWIcJYDDABmBYJgTnN2DFulA">Indian Wells</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjMLztAo64eleSoRqGvq0iGTt-tLZ-zKdN">Irvine</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjDjLI_yN_kF4Kiu33FXEZqFAy9TArBzPU">Los Angeles</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjH9cMPMoiOttUFpET4nW4FS-pThMyjR-R">Ontario</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWj0_YC4ZVa-4wQ9MS-doi-GAwiEnguhJuo">Riverside </a>&ndash; Joseph Ortiz presented from the Riverside office</li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWj94Thvo50jxSsiyYZGDkwTXBcPABVrBba">Sacramento</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjsTOqrWEuLBAMftM8IySeKp88xWtk9p8B">San Diego</a></li> <li><a target="_blank" href="http://r20.rs6.net/tn.jsp?e=001TI2moHHojn-M3zDMj80x6LdRPtq9ns0q09aD5gy3U3irU_7mDi3jQqFXIejIYLeav5XhjbrWaUgzeE5jC2B1PQ4If5fSivx-V7Zrpseux5thWwt7tsPo5y-3x9Y2JsWjhCGLTWyd2kgz8QNAaf8wax2f6wIIObBI">Walnut Creek</a></li> </ul> <p><strong><br /> BB&amp;K Presenter:<br /> <br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <br /> <strong>QUESTIONS:<br /> <br /> </strong>Contact <a href="mailto:katey.lamke@bbklaw.com">Katey Lamke</a> if you have any questions about this event and/or about BB&amp;K upcoming seminars/events.<br /> <br /> If you are not currently receiving our Legal Alerts and would like to be added to our email distribution list, please visit our <a target="_blank" href="http://www.bbklaw.com/?p=2121">subscription page</a>.</p>Seminars and Webinars27 Aug 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=21647&format=xmlFourteen Best Best & Krieger Attorneys Selected as Best Lawyers in America for 2014http://www.bbklaw.com/?t=40&an=23205&format=xml<p>Fourteen attorneys from Best Best &amp; Krieger LLP offices throughout California were recently selected by their peers for inclusion in <i>The Best Lawyers in America</i>&copy; 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, SC). In addition, two attorneys were also named <i>Best Lawyers'</i> 2014 &ldquo;Lawyers of the Year&rdquo; for specific practices and geographic areas.</p> <p>Best Lawyers, first published in 1983, is based on an exhaustive peer-review survey in which almost 50,000 attorneys cast nearly 5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed.</p> <p><b>Southern California</b></p> <p><b>Michelle Ouellette</b>, an environmental attorney in the firm&rsquo;s Riverside office, has been named the <i>Best Lawyers&rsquo; </i>2014 Riverside Litigation &ndash; Environmental &ldquo;Lawyer of the Year&rdquo; in addition to being selected by her peers for inclusion in <i>The Best Lawyers in America</i> 2014 in the fields of energy, environmental, environmental litigation, and natural resources law.</p> <p>Other BB&amp;K attorneys based in Riverside who were selected include <b>Eric L. Garner</b>, a water rights attorney and managing partner of the nine-office law firm, for environmental litigation and water law; <b>Gregory K. Wilkinson</b> and <b>Arthur L. Littleworth</b> for energy, environmental litigation, natural resources and water law; and <b>George M. Reyes</b> for corporate law.</p> <p>In the firm&rsquo;s Ontario office, <b>Stephen P. Deitsch</b>, who serves as city attorney to Indian Wells, Arcadia, Big Bear Lake and Shafter, was named for municipal, land use and zoning law. Also named in the municipal law category was <b>John E. Brown</b>, who serves as city attorney to Ontario and as town attorney for Apple Valley.</p> <p>In San Diego, <b>Robert J. Hanna</b>, a real estate attorney, was named for commercial litigation.</p> <p><b>Northern California</b></p> <p><b>Harriet A. Steiner</b>, a municipal attorney in the firm&rsquo;s Sacramento office and city attorney of Davis, has been named the <i>Best Lawyers&rsquo; </i>2014 Sacramento Municipal Law &ldquo;Lawyer of the Year&rdquo; in addition to being selected by her peers for inclusion in <i>The Best Lawyers in America</i> 2014 in the fields of municipal law and municipal litigation.</p> <p>Other BB&amp;K attorneys based in Sacramento who were selected were <b>Edward J. Quinn, Jr.</b> and <b>Joseph E. Coomes, Jr.</b> for municipal, land use and zoning law; <b>T. Brent Hawkins</b> for municipal law; and <b>Iris P. Yang</b>, city attorney of Paso Robles, for municipal, land use and zoning law, and municipal litigation.</p> <p>In Walnut Creek, environmental attorney and former member of the California Attorney General&rsquo;s office, <b>Roderick E. Walston</b>, was named for natural resources and water law.</p>BB&K In The News15 Aug 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=23205&format=xmlCourt Ruling Gives Employers Additional Armor To Protect Against Class-Action Lawsuitshttp://www.bbklaw.com/?t=40&an=22931&format=xml<p>By <strong>D. Brian Reider<br /> <br /> </strong>As an employer, you may sometimes feel as though a large &ldquo;Sue Me&rdquo; target has been painted on your chest. It is no illusion &mdash; plaintiff employment lawyers have pinned it there so they can aim their wage-and-hour class-action lawsuits directly at you.<br /> <br /> Earlier this summer, the U.S. Supreme Court gave employers some additional armor to protect against such class-action lawsuits when it decided the case of <em>American Express v. Italian Colors Restaurant</em>. In its June 20 decision, the nation&rsquo;s highest court held that where parties have agreed in advance to decide disputes only by individual arbitrations, and have waived the right to bring claims by a class action, such agreements are enforceable even though it may not be economical for one party to bring such an individual claim. While it was not itself a wage-and-hour case, American Express should be very helpful to California employers.<br /> <br /> As many employers have discovered, even small errors in the calculation of wages or deciding how to administer rest and meal breaks have set the stage for huge damage claims by groups of employees who sue on a class-action basis to recover wages, interest, penalties and attorneys fees.<br /> <br /> In California, such lawsuits are brought as a &ldquo;class action&rdquo; where a few &ldquo;representatives&rdquo; bring the claim for all other employees. To combat such actions, employers have tried various approaches, notably requiring employees to agree to mandatory, binding arbitration of claims and, in some cases, to agree to waive the right to bring class-action claims.<br /> <br /> When such provisions have been challenged, the California courts have almost always sided with employees, often on the basis that California public policy is against such arbitration and waiver provisions. The courts have disfavored such provisions because the employee has no bargaining power regarding the arbitration and waiver language (which is often buried in the middle of an employee handbook) and particularly because it would not be economical to make each employee separately arbitrate his or her wage-and-hour claims.<br /> <br /> Recently, however, the U.S. Supreme Court has ridden to the rescue of beleaguered employers in several key decisions that involve a little known federal law called the Federal Arbitration Act, or FAA. Originally enacted in 1925, the FAA was intended to establish a strong federal policy that when parties enter into an arbitration agreement, they can and should be later forced to arbitrate their disputes rather than go to court.<br /> <br /> The question that recently has been considered by the Supreme Court involves a concept called &ldquo;pre-emption&rdquo; &mdash; a rule that says in certain cases where a state&rsquo;s legal decisions conflict with a federal law, the state&rsquo;s decisions are &ldquo;pre-empted,&rdquo; or superseded, by the federal law. In short, in a battle between a federal law and state decisions, federal law wins.<br /> <br /> Opening the door to the use of waivers, in 2011 the U.S. Supreme Court ruled in <em>AT&amp;T Mobility v. Concepcion</em> that class-action waivers are valid in consumer contracts (overruling, in effect, a California Supreme Court case that said such waivers are invalid under California law). Coupled with the recent American Express decision, it now appears that a well-written arbitration and class action waiver provision is likely to be enforceable.<br /> <br /> This is not to say that the issue is entirely resolved in California. The FAA does not apply in every circumstance, and plaintiff&rsquo;s counsel will surely seek to contest arbitration and class-action waiver provisions whenever they can. However, recent decisions in California suggest that the pendulum may be swinging back at least a bit. In one recent case, <em>Serpa v. California Surety Investigations</em>, a California appellate court held that an arbitration provision in an employee handbook was enforceable, even though the employer reserved the right to change the handbook later.<br /> <br /> Every employer should review their employee handbooks and agreements now to see whether any changes are needed to take maximum advantage of these recent favorable decisions.</p> <p><em>* This column first appeared in <em><a target="_blank" href="http://www.pe.com/business/business-columns/best-in-law-headlines/20130810-best-in-law-court-ruling-aids-employers.ece">The Press-Enterprise</a></em><em>&nbsp;on Aug. 11, 2013. Republished with permission.</em></em></p>BB&K In The News12 Aug 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=22931&format=xmlVeteran Business Attorney Returns to Best Best & Kriegerhttp://www.bbklaw.com/?t=40&an=21876&format=xml<p><strong>For Immediate Release:</strong> July 8, 2013 <br /> <strong><span>Media Contact</span></strong><span>: Jennifer Bowles &bull; 951.826.8480 &bull; <span><a href="mailto:jennifer.bowles@BBKlaw.com">jennifer.bowles@BBKlaw.com</a></span></span></p> <p><strong>ONTARIO, Calif</strong>. _ D. Brian Reider, a business attorney in the Inland region for more than 25 years, recently returned to Best Best &amp; Krieger LLP where his practice will focus on helping private-sector clients with general business transactions and human resource needs.<br /> <br /> <span>Based in the law firm&rsquo;s Ontario office, Reider was named a partner in the business services practice group.</span><br /> <br /> <span>&ldquo;Brian is well known in the Inland region and has a stellar reputation as a solid attorney. We&rsquo;re happy to welcome him back,&rdquo; said <a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1602&amp;format=xml">Howard Golds</a>, head of the firm&rsquo;s business services practice group.</span><br /> <br /> <span>Reider was with BB&amp;K for 10 years before departing in early 2010 to serve as in-house counsel for Lexxiom, Inc., a privately held company in Rancho Cucamonga.</span><br /> <br /> &ldquo;I had an extraordinary experience at BB&amp;K and felt it was time to return to an environment where my expertise can assist a broader spectrum of clients in <span>taking their business to the next level,&rdquo; Reider said.</span><br /> <br /> Reider works with companies that focus on financial services, commercial real estate and manufacturing. He has extensive experience negotiating financing, leasing, real estate sales and intellectual property agreements. In addition, Reider has advised clients on personnel issues, including the drafting of employment policies, compliance with federal and state laws, and responding to personnel claims.<br /> <br /> <span>Prior to joining</span> BB&amp;K for the first time in 1999, Reider was an attorney at a San Bernardino law firm and served as the executive vice-president, chief operating officer and general counsel for Redlands Federal Bank, a billion-dollar financial institution. In addition, he was instrumental in the formation and capitalization of the bank&rsquo;s holding company.<br /> <br /> Reider is past president of the Rotary Club of Redlands where he was named a Paul Harris Fellow in recognition of his contributions to humanitarian causes. In addition, he served for 15 years on the advisory board for California State University, San Bernardino, where he was named a distinguished alumni in 2002.<br /> <br /> Reider received his law degree in 1976 from the McGeorge School of Law at the University of the Pacific in Sacramento.</p>Press Releases08 Jul 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=21876&format=xmlEight BB&K Attorneys Named 2013 Southern California Rising Starshttp://www.bbklaw.com/?t=40&an=20284&format=xml<p>Eight Best Best &amp; Krieger lawyers practicing throughout Southern California have been named among the top up-and-coming attorneys, 40-years-old or younger or practicing law for 10 years or less, in Super Lawyers&rsquo; 2013 Southern California Rising Stars. Super Lawyers lists attorneys who have attained a high degree of peer recognition and personal achievement. Only 2.5 percent of the lawyers in the state are named to Super Lawyers Rising Stars lists.<br /> <br /> In the firm&rsquo;s Irvine office, <strong>Matthew &ldquo;Mal&rdquo; Richardson</strong> was listed for government law, <strong>Christopher D. Whyte</strong> for general litigation and <strong>Alisha M. Winterswyk</strong> for environmental law. Richardson assists clients in transactional and litigation issues relating to municipal government, land use and environmental law. Whyte represents public entities and private clients in a variety of litigation matters in federal and state courts. Winterswyk advises clients on state and federal environmental laws, with a specific expertise in the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).<br /> <br /> Three attorneys named to the list from the Riverside office were <strong>Scott W. Ditfurth</strong> and <strong>Lowell M. Zeta</strong> for business litigation, and <strong>Charity B. Schiller </strong>for environmental law. Ditfurth's practice focuses on civil litigation, with an emphasis on providing construction, contract and real property related litigation services to clients. Zeta practices labor and employment law and business litigation. Schiller helps clients navigate the maze of environmental laws that apply to development projects, including CEQA, NEPA and related environmental laws.<br /> <br /> <strong>Laura L. Crane</strong>, based in the firm&rsquo;s Ontario office, was named in the government law category. Crane is a trial lawyer who has been the lead trial attorney in more than twenty trials in both state and federal courts. She also has significant experience in aggressively negotiating the resolution of disputes before trial and even before a case is ever filed.<br /> <br /> From the Indian Wells office, <strong>Kira L. Klatchko</strong> was recognized in the appellate law category for the fifth straight year. Klatchko is the only certified appellate law specialist in Riverside County. She handles both state and federal appeals arising from all areas of civil practice. In 2009, Klatchko was appointed to the State Bar of California&rsquo;s Standing Committee on Appellate Courts, and is currently its acting chair.</p> <p><b>About Super Lawyers</b><br /> Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers. Super Lawyers is published by Thomson Reuters.&nbsp;</p>BB&K In The News13 Jun 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=20284&format=xml