Best Best & Krieger News Feedhttp://www.bbklaw.com/?t=39&format=xml&directive=0&stylesheet=rss&records=20&OL=64Best Best and Krieger is a Full Service Law Firmen-us20 Apr 2014 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssAB 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 will be presenting the training from the Riverside office. All other BB&amp;K offices will participate 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 will be 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>Who should attend:</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: </strong><br /> Monday, April 28<br /> 9:00 a.m. - 11:00 a.m.<br /> <br /> <strong>Registration:</strong><br /> The training will be also be held via video conference at the following BB&amp;K offices throughout California. To register, please click on the office in which you intend to attend the training.</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 will be presenting 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><em><strong>Cost is $75 per person. *Payment by check must be received before or on the day of the session.<br /> </strong></em><br /> <strong>BB&amp;K Presenter:<br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong>QUESTIONS:<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=xmlDigital Marketing/Technology Specialisthttp://www.bbklaw.com/?t=40&an=28996&format=xml<p>The Digital Marketing/Technology Specialist&nbsp;will manage technology-oriented marketing initiatives in order to achieve firm branding and business development goals. This individual will be responsible for developing and managing a proactive campaign for the firm's external Internet properties, including websites, microsites, blogs and other social media profiles. He/she will be responsible for managing the firm's client relationship management database and executing a strategy for its use, including sending frequent communications to targeted email lists. He/she will develop and participate in internal group and one-on-one trainings regarding the use of marketing technology. He/ she will be encouraged to stay on the cutting-edge of professional services marketing technology techniques in order to push the firm's initiatives to maximum efficiency and excellence. He/she will interface with our attorneys, firm management, other administrative departments, and external vendors. This position reports to the Marketing Director and works closely with all members of the marketing and business development team.</p> <p>Qualified applicants are invited to apply online by clicking the link below. Applicants must attach a resume 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.<br /> <br /> <a target="_blank" href="https://lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx?%40Pl3%3cKWEX%40=2%3e4&amp;%3db8=%3a%40%3bA">lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx</a></p> <p>Please address cover letters to:</p> <p>Debbie A. Prior<br /> Director of Human Resources<br /> Best Best &amp; Krieger LLP<br /> 500 Capitol Mall, Suite 1700<br /> Sacramento, CA 95814</p> <p><em><strong>No phone calls please</strong></em></p> <p><strong>Best Best &amp; Krieger LLP is an Equal Opportunity Employer</strong>.</p>Job Openings at BB&K16 Apr 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=28996&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 is designed to satisfy those requirements.</p> <p>Joseph Ortiz will be presenting the training from the Riverside office. All other BB&amp;K offices will participate 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 will be 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>Who should attend:</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 /> <strong>When: </strong><br /> Monday, January 13<br /> 9:00 a.m. - 11:00 a.m.<br /> <br /> <strong>Registration:</strong><br /> The training will be also be held via video conference at the following BB&amp;K offices throughout California. To register, please click on the office in which you intend to attend the training.</p> <p>&nbsp;</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 will be presenting 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><em><strong>Cost is $75 per person. *Payment by check must be received before or on the day of the session.<br /> </strong></em><br /> <strong>BB&amp;K Presenter:<br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong>QUESTIONS:<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=xmlVeteran Sacramento Real Estate Attorney Joins BB&K's Business Practicehttp://www.bbklaw.com/?t=40&an=26777&format=xml<p><strong>For Immediate Release:</strong> Nov. 19, 2013 <br /> <b>Media Contact</b><b>:</b> Jennifer Bowles &bull; 951.826.8480 &bull; <a href="mailto:jennifer.bowles@BBKlaw.com">jennifer.bowles@BBKlaw.com</a></p> <p><strong>SACRAMENTO, Calif. </strong>_ Stephen G. Stwora-Hail, a prominent real estate attorney with more than 25 years of experience in the Sacramento region, has joined Best Best &amp; Krieger LLP as a partner in its business services practice group.<br /> <br /> &ldquo;Steve is certainly one of the most recognized and successful real estate attorneys in the Sacramento region, and BB&amp;K is proud to have him aboard as part of our business practice,&rdquo; said Howard Golds, a Riverside-based partner who heads the business services practice group across the firm&rsquo;s nine offices in California and Washington D.C.<br /> <br /> <span>Stwora-Hail has spent his career successfully negotiating key real estate deals on behalf of grocery chains, commercial developers and agricultural clients. He has worked for such well-known businesses as Raley&rsquo;s, negotiating the acquisition, development and lease agreements for the West Sacramento-based supermarket chain that led to the construction of some 45 shopping centers across Northern California and Nevada that are anchored by the company&rsquo;s grocery stores. Stwora-Hail also obtained entitlements for the Raley's Landing Project, a 20-acre mixed-use project along the Sacramento River in West Sacramento.<br /> <br /> In addition, Stwora-Hail has helped clients in the development of strip malls and regional shopping centers, and negotiated transactions on their behalf with national retail tenants such as Home Depot, Target, Best Buy and PetSmart, and restaurant chains such as Mimi's, Panera Bread and In-N-Out Burger.<br /> <br /> Stwora-Hail also focuses his legal practice on agricultural clients by helping them to annex their land for residential and commercial uses. In South Sacramento County, he assisted Horizon Dairy with the purchase of a 600-acre farm in which the sale price was augmented by conservation easements Stwora-Hail negotiated with The Nature Conservancy.<br /> <br /> Prior to BB&amp;K, Stwora-Hail was with Downey Brand in Sacramento for 28 years. At BB&amp;K, he will focus on the acquisition, development, construction and leasing of retail, warehouses, office buildings and housing projects.<br /> <br /> &ldquo;I have known about BB&amp;K since law school and have always respected the attorneys who work there, so to become part of the law firm is a tremendous honor,&rdquo; he said.<br /> <br /> Stwora-Hail graduated from Santa Clara University School of Law in 1982. He is a former chair of the California State Bar&rsquo;s Real Property Section and was a member of its executive committee for six years. </span></p>Press Releases19 Nov 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=26777&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 will address the statutory duties of public agency filing officers and officials regarding Form 700 Statements of Economic Interests (SEIs).</p> <p><b>What will be 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>Who should attend:</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 /> <b><br /> When: </b><br /> Wednesday, November 13, 2013<br /> 8:30 a.m. &ndash; Check-in &amp; Pastries<br /> 9:00 a.m. &ndash; 11:00 a.m. - Training</p> <p><b>Registration:</b><br /> Please contact <a href="mailto:Katey.Lamke@bbklaw.com"><font color="#0000ff">Katey.Lamke@bbklaw.com</font></a> to register for this training. The training will be held at our <a target="_blank" href="http://wiseadmin.net/wise2/fckeditor/editor/?p=2115"><font color="#0000ff">BB&amp;K offices</font></a> throughout California. Please note registration is on a first come, first serve basis.<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=xmlFour BB&K Attorneys Named by the Daily Journal Among Top 20 Municipal Lawyers In Californiahttp://www.bbklaw.com/?t=40&an=25824&format=xml<p><strong>For Immediate Release: </strong>Nov. 6, 2013<br /> <strong>Media Contact</strong>: Jennifer Bowles &bull; 951.826.8480 &bull; jennifer.bowles@BBKlaw.com<br /> <br /> <strong>LOS ANGELES</strong> _ The Daily Journal today named four attorneys at Best Best &amp; Krieger LLP among California&rsquo;s Top 20 municipal lawyers in 2013 for cases involving medical marijuana, water rights, redevelopment and corruption.<br /> <br /> The state&rsquo;s top legal newspaper recognized <b>Jeffrey Dunn</b> in <b>Irvine</b> for, among other things,&nbsp;successfully arguing before the California Supreme Court in a case involving Riverside that state law does not prevent cities and counties from regulating medical marijuana dispensaries; <b>Eric Garner</b>, BB&amp;K managing partner based in <b>Los Angeles</b> and <strong>Riverside</strong>, for an appellate court victory involving Santa Maria and a large portion of California&rsquo;s Central Coast that strengthened the right of cities and public agencies to use groundwater for people;&nbsp;<strong>T. Brent Hawkins</strong> in <b>Sacramento</b> for handling lawsuits for cities and counties challenging the state&rsquo;s handling of post-redevelopment issues, including a case that resulted in a judge agreeing that Riverside should get nearly $19 million in loans originally taken out by the city&rsquo;s redevelopment agency,&nbsp;and <b>Kendall MacVey</b> in <b>Riverside</b> for his role in a case that saved the San Bernardino Associated Governments from having to reimburse San Bernardino County for a $102 million settlement that is the target of a corruption probe.<br /> <br /> Lawyers at BB&amp;K, with nine offices in California and Washington, D.C., serve as city attorney to more than 30 cities across California and provide special counsel work to dozens more.<br /> <br /> &ldquo;The recognition by The Daily Journal of four BB&amp;K attorneys is incredibly gratifying and an enormous honor for them and the firm. We are very proud of these attorneys for doing such great work for our clients,&rdquo; said Jeff Ballinger, an Ontario-based attorney who leads the firm&rsquo;s municipal law practice group.<br /> <br /> The Daily Journal Corp., publisher of the Los Angeles and San Francisco Daily Journals, issued its annual list of the state&rsquo;s Top 20 municipal lawyers in a special supplement to today&rsquo;s editions. According to The State Bar of California, there are more than 244,000 attorneys statewide.</p>Press Releases06 Nov 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=25824&format=xmlBB&K Attorney Receives Lifetime Achievement Awardhttp://www.bbklaw.com/?t=40&an=25312&format=xml<p><strong>For Immediate Release:</strong> Oct. 22, 2013 <br /> <strong>Media Contact:</strong> Jennifer Bowles &bull; 951.826.8480 &bull; <u><a href="mailto:jennifer.bowles@BBKlaw.com"><font color="#0000ff">jennifer.bowles@BBKlaw.com</font></a></u><br /> <br /> <strong>SACRAMENTO, Calif.</strong> _&nbsp;Joseph E. Coomes, Jr., an attorney at Best Best &amp; Krieger LLP, was recently honored by <a target="_blank" href="http://sacramento.uli.org/">the local chapter of the Urban Land Institute</a> as the first recipient of the Lifetime Visionary Honor award.<br /> <br /> Coomes was given the award during an Oct. 17 dinner, during which the ULI announced that moving forward the award would be named in his honor as the Joseph E. Coomes Lifetime Visionary Honor.<br /> <br /> &ldquo;Through his 35-year membership in ULI, and as one of the most respected land-use, redevelopment and public law attorneys in California, we are pleased to be recognizing such an iconic figure in the Sacramento real estate and land use community,&rdquo; said Gladys Cornell, chair of ULI Sacramento.<br /> <br /> Coomes, who joined BB&amp;K in 2010 as an of counsel attorney in the municipal law practice group, said he was honored and humbled by the recognition.<br /> <br /> &ldquo;I have been fortunate to have practiced both on the public and private side of real estate development, which helped me to understand the dynamics of negotiations and where deals can be made,&rdquo; he said.<br /> <br /> Coomes is best known for successfully negotiating some of the largest and most difficult urban mixed-use redevelopment projects in California, including San Francisco&rsquo;s Yerba Buena Gardens and downtown San Jose&rsquo;s Silicon Valley Financial Center.<br /> <br /> <a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=2426&amp;format=xml">Ed Quinn</a>, managing partner of BB&amp;K&rsquo;s Sacramento office, said Coomes&rsquo; contributions to his clients and his community over the years have been staggering.<br /> <br /> &ldquo;This wonderful ULI award could not be more aptly named, as Joe truly is a visionary,&rdquo; Quinn said.<br /> <br /> In l997, &nbsp;Coomes represented the owners of Arco Arena and the Sacramento Kings NBA team in a successful public refinancing of the private debt on the arena and the team which enabled the Kings to remain in Sacramento. Along with Quinn, who represented a major developer, Coomes helped negotiate and structure a tax-exempt financing of a downtown convention center hotel in Sacramento.<br /> <br /> Coomes has been a member of ULI since the 1970s. Over the years, he has participated in several ULI national working councils and was the founding chair of ULI&rsquo;s Sacramento District Council, one of the first district councils in nation.</p>Press Releases22 Oct 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=25312&format=xmlBB&K's Nancy Park Honored as a Top Real Estate Woman in Northern Californiahttp://www.bbklaw.com/?t=40&an=25145&format=xml<p>Nancy Park, a real estate and business attorney at Best Best &amp; Krieger in Sacramento, was named among the 2013 Northern California Real Estate Women of Influence for her commitment and success in the industry.<br /> <br /> Park was given the award at an Oct. 2 event held by the San Francisco Business Times and the law firm of Allen Matkins. She was specifically recognized for being a consummate networker who connects people, deals, companies and communities worldwide.<br /> <br /> Of her recent deals, Park represented the city of Santa Cruz in the negotiation and construction of an NBA D-league 4,000-seat arena, and handled the successful negotiations of leases for film studios and farms as well for several retail, office, industrial and airport properties.<br /> <br /> Park has been a member of Commercial Real Estate Women (CREW) Sacramento for more than 20 years, serving as president and holding most board positions, as well as being a national delegate.<br /> <br /> Click <a href="http://www.bizjournals.com/sanfrancisco/feature/women-of-influence/2013/10/honorees.html"><font color="#0000ff">here</font></a> to read more about the awards.</p>BB&K In The News14 Oct 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=25145&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 is designed to satisfy those requirements.</p> <p>Joseph Ortiz will be presenting the training from the Riverside office. All other BB&amp;K offices will participate 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 will be 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>Who should attend:</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 /> <strong>When: </strong><br /> Tuesday, August 27<br /> 9:00 a.m. - 11:00 a.m.<br /> <br /> <strong>Registration:</strong><br /> <a target="_blank" href="https://events.r20.constantcontact.com/register/eventReg?oeidk=a07e7rysc5ce75e5fe9&amp;oseq=&amp;c=&amp;ch=">CLICK HERE TO REGISTER</a><br /> <br /> The training will be also be held via video conference at the following BB&amp;K offices throughout California. When you register you will select where you plan to participate in the training.</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 will be presenting 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><em><strong>Cost is $75 per person. *Payment by check must be received before or on the day of the session.<br /> </strong></em><br /> <strong>BB&amp;K Presenter:<br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong>QUESTIONS:<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=xmlPrivate Health Care Providers Should Understand the Risks When Treating Inmateshttp://www.bbklaw.com/?t=40&an=22310&format=xml<p>By <strong>Jared A. Goldman</strong><br /> <br /> If you have worked in correctional health care for a while, you have heard about the Eighth Amendment&rsquo;s prohibition against &ldquo;deliberate indifference&rdquo; to an inmate&rsquo;s medical needs. But you may be unaware of the patchwork of laws authorizing or limiting actions for damages against private health care providers arising from constitutional claims. While it may not seem fair, a private health care provider&rsquo;s potential liability arising from a constitutional claim will vary depending on whether the provider treats a federal or state inmate. The scope of the liability will also vary depending on whether the claim is against an individual or a corporate entity. In addition, the issue of whether inmates may bring Eighth Amendment-based damages actions against certain &ldquo;involuntary&rdquo; providers, like noncontract emergency room physicians, remains largely unsettled.<br /> <em><strong><br /> Federal Inmates</strong></em><br /> <br /> While no specific statute authorizes damages actions against federal officials for constitutional violations, courts interpret the Constitution to implicitly authorize an action for damages (known as a &ldquo;Bivens&rdquo; action) where a prisoner is harmed as the result of deliberate indifference to his or her medical needs. Private providers, however, have caught a break. Last year, in <i>Minneci v. Pollard</i>, the Supreme Court considered whether a Bivens action could be brought against individual health care providers employed at a private federal prison. The court held that, because state law authorized adequate alternative damages actions (e.g., state medical malpractice actions), the court was required to refrain from implying a constitutional remedy against the employees. Eleven years earlier, in <i>Correctional Services Corporation v. Malesko</i>, the court reached a similar result with respect to private corporations.<br /> <br /> This is no reason for individual or corporate health care providers to shirk their responsibilities. They remain subject to liability for damages in claims brought under state law, among other legal and ethical obligations. But because state law causes of action usually have a shorter statute of limitations than Bivens actions, federal inmates will probably find it more challenging to hold private providers accountable for deficient care.<br /> <br /> <em><strong>State and Local Inmates</strong></em><br /> <br /> Private providers caring for state or local inmates have not escaped accountability under federal law for constitutionally deficient care. A plaintiff may bring a damages action under 42 U.S.C. &sect; 1983 where there is an alleged violation of a right secured by the Constitution and the alleged deprivation was committed &ldquo;under color of state law&rdquo;&mdash;meaning it was committed by a person whose actions are fairly attributable to the state (a &ldquo;state actor&rdquo;). In the leading case about private health care providers, <i>West v. Atkins</i>, the Supreme Court held that an individual physician under contract with a state department of corrections to provide medical services was a state actor for the purpose of &sect; 1983, and thus subject to an Eighth Amendment-based damages action, when he treated an inmate inside a state hospital.<br /> <br /> The Supreme Court has not yet addressed whether a private provider is a state actor when providing care to state or local inmates outside a government facility. But the circuit courts addressing the issue have generally agreed that a private provider in a private outside facility may be a state actor for the purpose of &sect;1983 if the provider has voluntarily assumed responsibility to provide care to inmates. This is true even if there is no contract governing the arrangement.<br /> <br /> A state or local inmate may also bring a damages action under &sect; 1983 against a corporate entity if the entity is performing functions traditionally within the exclusive prerogative of the state, like the provision of medical care to inmates. The inmate must also prove that an official policy or custom of the entity caused the constitutional violation. Courts have reasoned that a corporation should not be held accountable for constitutionally deficient care merely because it employs a bad actor, for example, a provider who independently ignores an inmate&rsquo;s serious medical needs. Rather, the corporation should be liable only where the official decisions of the entity itself cause the constitutional injury. Where no constitutionally deficient custom or policy exists, the inmate&rsquo;s action should be directed against the individual bad actor, not the employing entity.<br /> <br /> <em><strong>Unsettled Law: &lsquo;Involuntary&rsquo; Treatment Relationships</strong></em><br /> <br /> The courts have reached conflicting conclusions on the issue of liability for Eighth Amendment-based damages actions against private providers who involuntarily find themselves in circumstances where they must care for inmates. This situation may occur, for example, where a noncontract emergency room physician is obligated to provide care under the Emergency Medical Treatment and Active Labor Act to an inmate delivered to the emergency room.<br /> <br /> On one side of the debate, courts have reasoned that a state shouldn&rsquo;t be allowed to avoid liability for constitutional claims by &ldquo;delegating&rdquo; care to private providers. On the other side, courts have asserted that it is unfair to infer that a private provider has accepted responsibility for performing a state function where the provider has no ability to refuse the treatment relationship. The split among the courts is unlikely to be resolved soon.<br /> <br /> Thus, providers drafted into serving correctional facilities, for example, through the emergency medical response system, should carefully consider the advantages and disadvantages of entering agreements with their corrections neighbors. Although an agreement may open the door to an Eighth Amendment-based damages action, that door may already be open without or without the agreement, and in some jurisdictions it may be possible to negotiate contract provisions offsetting risks related to constitutional claims. For example, in California, the state is authorized to indemnify and defend a private health care provider against constitutional claims so long as the provider is contracted with the state and maintains insurance for professional negligence and the insurance is the source of recovery for any negligence claim.<br /> <br /> In sum, providers should always consult with competent counsel before entering into arrangements for correctional health care services. However, a basic understanding of the applicable rules and blind spots is a valuable tool that government officials and private providers alike can use to understand their potential risks when planning service arrangements. Improving our collective understanding of these issues not only serves correctional health care providers, but also reduces the uncertainty and fear that often deters providers from caring for inmates and thus reduces inmates&rsquo; access to essential care.<br /> <br /> * <em>This article was originally published in <a target="_blank" href="http://www.ncchc.org/correctcare">CorrectCare</a></em><em>, in the Spring 2013 issue.&nbsp;Republished with permission.</em></p>BB&K In The News22 Jul 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=22310&format=xmlSix BB&K Attorneys Named 2013 Northern California Super Lawyers and Rising Starshttp://www.bbklaw.com/?t=40&an=21885&format=xml<p>Five Best Best &amp; Krieger attorneys were named among the Northern California lawyers most respected by their peers. In addition, one BB&amp;K lawyer is among the top up-and-coming attorneys in Northern California under 40 years of age or practicing less than 10 years.<br /> <br /> The attorneys on the 2013 Northern California Super Lawyers list are <b>Susan L. Schoenig</b> and <b>Stacey N. Sheston</b> for employment and labor law, <b>Harriet A. Steiner</b> for government and municipal law, <b>Sarah E. Owsowitz</b> for land use and zoning law, and <b>Gene Tanaka</b> for environmental litigation. Super Lawyers&rsquo; 2013 Northern California Rising Stars includes <b>Kara K. Ueda</b> for government and municipal law.<br /> <b><br /> Schoenig</b> advises a diverse group of public and private employers in all types of employment and labor matters. She handles wrongful termination and unlawful harassment matters from the filing of the initial complaint through investigation, subsequent litigation and trial. She has served as the California Public Employees Retirement System&rsquo;s litigation supervisor.<br /> <br /> <b>Sheston</b> is a member of the firm&rsquo;s executive committee. Her practice includes providing day-to-day employment advice to both public and private employers. Sheston also represents employers in employment-related mediations, arbitrations, administrative hearings and court proceedings.<br /> <br /> <b>Steiner</b>, who is city attorney of Davis, also represents special districts and joint powers agencies as general counsel and special counsel. She focuses on land use, environmental law, telecommunications law and cable television franchising, wastewater and municipal water, and public financing.<br /> <br /> <b>Owsowitz&rsquo;s</b> practice focuses on advice and litigation regarding the California Environmental Quality Act, with a concentration on urban decay, climate change, water supply and cultural resource issues. She has substantial experience obtaining entitlements and preparing and defending environmental impact reports for large-scale development projects, hospital retrofits and renewable energy projects.<br /> <br /> <b>Tanaka</b> is a public agency litigator. He has litigated many land use cases, including the successful Los Angeles Superior Court challenge to the Ward Valley Low-Level Radioactive Waste Facility. Tanaka also represents clients in toxics cases for cleanup or damages. He has worked on the Stringfellow cleanup litigation in U.S. District Court.<br /> <br /> <b>Ueda</b> specializes in municipal law, conflicts of interest, elections, land use, and the California Environmental Quality Act. She also assists public agencies on general plan updates, LAFCO matters, Proposition 218, and Brown Act and Public Records Act compliance. In addition, Ueda routinely litigates CEQA, land use and elections cases in state and federal courts.</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.</p>BB&K In The News08 Jul 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=21885&format=xmlAB 1825 Sexual Harassment Avoidance Training (May 16)http://www.bbklaw.com/?t=40&an=18566&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 will be presenting the training from the Riverside office. All other BB&amp;K offices will participate 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 will be 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>Who should attend:</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 /> <strong>When: </strong><br /> Thursday, May 16<br /> 3:00pm - 5:00pm</p> <p><strong>Registration:</strong><br /> <a target="_blank" href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e71ujatd6c32e330%20">CLICK HERE TO REGISTER</a><br /> <br /> The training will be also be held via video conference at the following BB&amp;K Offices throughout CA. When you register you will select which office you will select where you plan to participate in the training.</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 will be presenting 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><em><strong>Cost is $75 per person. *Payment by check must be received before or on the day of the session.<br /> </strong></em><br /> <strong>BB&amp;K Presenter:<br /> </strong>Joseph Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> <br /> <strong>QUESTIONS:<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 Webinars16 May 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=18566&format=xmlCounties in California Can Learn a Few Lessons from State on Inmate Health Carehttp://www.bbklaw.com/?t=40&an=18497&format=xml<p>By <strong>Jared A. Goldman</strong><br /> <br /> Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A similar lawsuit was filed against Fresno County in 2011, and a lawsuit alleging inadequate jail facilities and services for the disabled was filed against Alameda County late last year. More lawsuits are expected to be filed against other California counties as they adjust to the growing challenges stemming from the state&rsquo;s public safety realignment legislation, known as AB 109.<br /> <br /> Signed into law in 2011, realignment sought to relieve overcrowding in state prisons by shifting responsibility for those convicted of nonviolent, non-serious and non-sex crimes to county custody. However, increasing jail populations associated with the realignment may strain staffing resources and facility capabilities. In addition, increased sentences may require the implementation of more sophisticated health care programs addressing chronic diseases and other long-term health care problems.<br /> <br /> The impact of overcrowding on the delivery of health care is familiar territory in California. In 2011 the U.S. Supreme Court affirmed a District Court order directing the state to limit its prison population. Overcrowding, according to the Supreme Court, had &ldquo;overtaken the limited resources of prison staff; imposed demands well beyond the capacity of medical and mental health facilities; and created unsanitary and unsafe conditions that make progress in the provision of care difficult or impossible to achieve.&rdquo; Specific examples included suicidal inmates being held for pro-longed periods in cages the size of telephone booths due to shortages in treatment beds. Other mentally ill inmates awaiting care were held for months in &ldquo;administrative segregation,&rdquo; where they endured harsh and isolated conditions, and received only limited mental health services. Prisons failed to implement necessary suicide-prevention procedures due, in large part, to severe understaffing. Inmates with physical illnesses waited, in some cases, more than a year for needed specialty referrals outside the prison, and less fortunate inmates died waiting to see their specialists.<br /> <br /> The Prison Law Office, together with other law firms, successfully challenged unconstitutional deprivations of health care in California&rsquo;s prison system, related to the overcrowded conditions. The same lawyers represent inmates in the Riverside and Fresno county cases. These lawyers haven&rsquo;t singled out overcrowding as the cause of the alleged deficiencies in Riverside County&rsquo;s jails but they said, in comments to The Press-Enterprise, that they believe the alleged problems have been exacerbated by longer sentences. In the Fresno County case, it is alleged that, in addition to suffering from inadequate health care, inmates are frequently harmed in fights or assaults arising from low staff-to-inmate ratios and poor visibility in the prisons&mdash;conditions that may worsen when inmate populations soar.<br /> <br /> Common legal concerns cut across the state and county correctional health care cases. In particular, allegations consistently focus on: the quality of the professionals employed, staffing levels, intake screening, access to physicians, timeliness of care, medication management and health records administration. County officials may wish to renew their attention on these areas of their jail health care programs before lawsuits come calling.<br /> <br /> Fortunately, counties don&rsquo;t have to reinvent the wheel to assess and improve their jail health programs. After decades of litigation and process improvement, the state can be a valuable source of information. Although some critical work remains outstanding in the prisons, U.S. District Court Judge Thelton E. Henderson, who is&nbsp;presiding over the state prison medical care case, recently found &ldquo;significant progress&rdquo; in the resolution of the prisons&rsquo; constitutional deficiencies. Similarly, U.S. District Court Judge Lawrence K. Karlton, who is presiding over the prison mental health care case, recently acknowledged the tremendous improvements achieved by the state. Inmate advocates and the state disagree on whether the state has completely satisfied the requirements of the law. There is no question, though, that a pathway out of the woods has emerged, which may provide guidance to those in charge of county jails.<br /> <br /> Among other improvements, the state has developed a &ldquo;Health Care Services Dashboard,&rdquo; which measures performance in dozens of areas including chronic disease management, access to providers, staffing, provider workload, per inmate costs and prescription practices. Performance is measured statewide and on a prison-by-prison basis. Scores are posted publicly at <a href="http://www.cphcs.ca.gov/"><font color="#800080">www.cphcs.ca.gov</font></a> and updated on a monthly basis, fostering transparency and a bit of healthy competition between the institutions. While the information is rolled up on the public view of the dashboard, prison managers can drill down into the dashboard to view, for example, the prescribing practices of individual providers or the chronic disease burden in the various yard clinics of a prison.<br /> <br /> Technical assistance and jail health standards are also available from a number of reputable sources, like the National Commission on Correctional Healthcare. It is likely that county jail administrators already know exactly where to look for help. But some degree of additional political will and financial resources may be necessary to implement process improvements. County officials, of course, have competing priorities to consider. However, when weighing the costs and benefits of an increased focus on jail health, counties may want to look again to the state. In addition to the tragic human costs of poor jail health care programs, the legal cost of neglecting such programs can be crippling. According to The Associated Press, the state has spent more than $83 million in legal fees related to the two lawsuits that resulted in the cap of the state&rsquo;s prison population. The old adage recommending an ounce of prevention may be good medical advice for the jails.</p> <p><b><i>Jared A. Goldman</i></b><i> is a health care attorney at Best Best &amp; Krieger LLP in Sacramento. Since 2006, he has served as chief counsel for the receiver of the court-supervised turnaround of the California prison medical system. In addition to his receivership work, Goldman&rsquo;s practice focuses on providing general counsel services and advice to health care providers on operations, compliance, government and commercial contracts, and government audits and investigations. He can be reached at <a href="mailto:jared.goldman@bbklaw.com">jared.goldman@bbklaw.com</a>.<br /> <br /> * This article was republished with permission from <a target="_blank" href="http://www.publicceo.com/2013/04/counties-in-california-can-learn-a-few-lessons-from-state-on-inmate-health-care/">PublicCEO.com</a>, April 9, 2013.</i></p>BB&K In The News09 Apr 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=18497&format=xmlRedevelopment in California After the Demise of RDAshttp://www.bbklaw.com/?t=40&an=17940&format=xml<br /> By <strong>Seth Merewitz </strong>and <strong>Ethan J. Walsh<br /> </strong><br /> <p>Staples Center, L.A. Live, Bunker Hill, Hollywood and Koreatown are but a few of the places in Los Angeles that benefitted from California's community redevelopment law. The Community Redevelopment Agency of the City of Los Angeles rebuilt communities from Canoga Park to San Pedro and helped foster the LA River Revitalization Corporation and the Los Angeles CleanTech Incubator. Elsewhere in the state, it would be nearly impossible to find a publicly assisted urban development, infrastructure, or affordable housing project that was not supported by development resources granted under redevelopment law. Nevertheless, on February 1, 2012, redevelopment agencies (RDAs) were eliminated statewide and are going through a multiyear wind-down process.<br /> <br /> Click <a target="_blank" href="http://www.lacba.org/Files/LAL/Vol35No11/3003.pdf">here</a> to read the complete article in Los Angeles Lawyer magazine.<br /> &nbsp;</p>BB&K In The News22 Feb 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=17940&format=xmlBB&K Seminar: AB 1825 - How To Avoid Sexual Harassment Claimshttp://www.bbklaw.com/?t=40&an=17913&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.&nbsp; BB&amp;K will be offering these sessions in our Northern and Southern California offices.</p> <p><strong>What will be covered:</strong>&nbsp;</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&nbsp;</li> </ul> <p><strong><br /> Who should&nbsp;attend:</strong>&nbsp;</p> <ul> <li>Supervisors</li> <li>Human Resources Professionals</li> <li>Public Officials</li> <li>Managers &amp; Private business professionals with 50&nbsp;or more employees&nbsp;</li> </ul> <br /> <strong>When/Where and Registration:<br /> </strong><br /> AB 1825&nbsp;is being offered at four BB&amp;K locations:<br /> <b><br /> </b><a target="_blank" href="http://www.bbklaw.com/?t=10&amp;L=63&amp;format=xml">BB&amp;K Riverside office</a>&nbsp;- REGISTRATION&nbsp; IS CLOSED<br /> <b>Wednesday, March 20th</b><br /> 2:00pm - 4:00pm<br /> <strong><br /> </strong><a target="_blank" href="http://www.bbklaw.com/?t=10&amp;L=60&amp;format=xml">BB&amp;K Indian Wells office</a><strong>&nbsp;</strong>- REGISTRATION&nbsp; IS CLOSED<br /> <strong>Thursday, March 21st</strong><br /> 2:00pm - 4:00pm<br /> <font color="#810081"><br /> <a target="_blank" href="http://events.constantcontact.com/register/event?llr=apf8yceab&amp;oeidk=a07e736xj9i6f2ca067">BB&amp;K San Diego office</a>&nbsp;</font>- REGISTRATION IS CLOSED<br /> <strong>Wednesday, April 3rd<br /> </strong>9:00am - 11:00am<br /> <br /> <a target="_blank" href="http://www.bbklaw.com/?t=10&amp;L=64&amp;format=xml">BB&amp;K Sacramento office</a>&nbsp;- CANCELED<br /> <strong>Thursday, April 18th</strong><br /> 9:00am - 11:00am<br /> <br /> <p><em><strong><span>Cost is $50 per person. </span></strong><span><strong>*Payment&nbsp;by check&nbsp;must be received&nbsp;before or on the&nbsp;day of the session.<br /> <br /> BB&amp;K Presenters:<br /> </strong></span></em><span>Joseph T. Ortiz, Partner, Labor &amp; Employment Practice Group in Riverside office<br /> Stacey Sheston, Partner, Labor &amp; Employment Practice Group in&nbsp;Sacramento office<br /> Joey Sanchez, Partner, Labor &amp; Employment Practice Group in&nbsp;San Diego&nbsp;office<br /> <br /> <strong>QUESTIONS:<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 /> </span><em><span><strong><br /> </strong></span></em><span>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>.<br /> </span></p>Seminars and Webinars19 Feb 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=17913&format=xmlFourteen Best Best & Krieger Attorneys Named Best Lawyers in America for 2013http://www.bbklaw.com/?t=40&an=17423&format=xml<p>Fourteen&nbsp;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>&reg; 2013. (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.). <br /> <br /> In addition, two attorneys were also named 2013 &ldquo;Lawyers of the Year&rdquo; for specific practices and geographic areas.<br /> <br /> Best Lawyers, established in 1983, is based on an exhaustive peer-review survey in which more than 39,000 attorneys cast nearly 3.1 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.<br /> <br /> <strong>SOUTHERN CALIFORNIA<br /> </strong><br /> BB&amp;K attorneys based in Riverside who were ranked as leaders in their fields include Eric Garner, a water rights attorney and managing partner of the nine-office law firm, for environmental litigation and water law; Michelle Ouellette for energy, environmental, environmental litigation and natural resources law; Gregory K. Wilkinson and Arthur L. Littleworth for energy, environmental litigation, natural resources and water law; and George M. Reyes for corporate law. Best Lawyers also named Littleworth a 2013 &quot;Lawyer of the Year&quot; for Riverside in environmental litigation.<br /> <br /> In the firm&rsquo;s Ontario office, Stephen P. Deitsch, 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 John E. Brown, who serves as city attorney to Ontario and as town attorney for Apple Valley.<br /> <br /> In San Diego, Robert J. Hanna, a real estate attorney, was named for commercial litigation. <br /> <br /> <strong>NORTHERN CALIFORNIA<br /> </strong><br /> The attorneys honored in the Sacramento office were Edward J. Quinn Jr. and Joseph E. Coomes, Jr. for municipal, land use and zoning law; T. Brent Hawkins for municipal law; Harriet Steiner, the city attorney of Davis, for municipal law and municipal litigation; and Iris P. Yang, city attorney of Paso Robles, for municipal, land use and zoning law, and municipal litigation. Best Lawyers also named Coomes a 2013 &quot;Lawyer of the Year&quot; for Sacramento in municipal law.<br /> <br /> In Walnut Creek, environmental attorney and former member of the California Attorney General&rsquo;s office, Roderick E. Walston, was named for natural resources and water law.<br /> &nbsp;</p>BB&K In The News01 Jan 2013 00:00:00 -0800http://www.bbklaw.com/?t=40&an=17423&format=xmlBB&K Boosts Health Care Law Practice With New Attorneyhttp://www.bbklaw.com/?t=40&an=16470&format=xml<p><strong>For Immediate Release:</strong> Dec. 17, 2012 <br /> <strong><span>Media Contact: </span></strong><span>Jennifer Bowles &bull; 951.826.8480 &bull; <a href="mailto:jennifer.bowles@BBKlaw.com">jennifer.bowles@BBKlaw.com</a></span></p> <p><strong>SACRAMENTO, Calif</strong>. _ Jared A. Goldman, a health care attorney and chief counsel for the receiver of the California prison medical system, has joined Best Best &amp; Krieger LLP in Sacramento as a partner in the law firm&rsquo;s business services practice.<br /> <br /> <span>Since 2006, Goldman has advised the receiver at all stages of the court-supervised turn-around of the California prison medical system, a billion-dollar health and hospital system placed under receivership by the federal court.</span><br /> <br /> <span>&ldquo;I am pleased to be joining a law firm with such a great reputation statewide,&rdquo; Goldman said. &ldquo;I have known several attorneys at BB&amp;K over the years, and knew it would be a great place to work.&rdquo;</span><br /> <br /> <span>At BB&amp;K, Goldman joins a <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=834&amp;format=xml">health care law team</a> that includes Gary Loveridge, former general counsel at Sutter Health whose practice encompasses all aspects of health care law, and Cathy Deubel Salenko, a health care and business attorney who also serves as general counsel to the County Medical Services Program Governing Board. The governing board oversees a program that provides health coverage for low-income, indigent adults in thirty-five, primarily rural California counties.<br /> <br /> </span>&ldquo;Jared will be a great addition, especially given the firm&rsquo;s increasing emphasis on health care law. His expertise will allow us to help our health care clients as well as counties and other public agency clients prepare for and implement the new federal health care law,&rdquo; said Ed Quinn, BB&amp;K&rsquo;s office managing partner for Sacramento.<br /> <br /> <span>Prior to joining BB&amp;K, Goldman served as in-house counsel to the Santa Clara Valley Health &amp; Hospital System, a billion-dollar county healthcare provider and payor.<br /> <br /> In addition to his receiver work, Goldman&rsquo;s practice at BB&amp;K will focus on providing general counsel services and specialized advice to health care providers on operations, compliance and government and commercial contracts, and government audits and investigations.<br /> <br /> His clients include public, private and non-profit entities, including hospitals, clinics, psychiatric facilities, correctional facilities, pharmacies, public health agencies, emergency services agencies and various vendors supporting healthcare, social service and corrections agencies.<br /> <br /> Goldman received his law degree in 2000 from the University of California, Hastings College of Law.</span></p>Press Releases17 Dec 2012 00:00:00 -0800http://www.bbklaw.com/?t=40&an=16470&format=xmlThree BB&K Attorneys Make Top 25 Municipal Lawyers List for Californiahttp://www.bbklaw.com/?t=40&an=16326&format=xml<span> <p><strong>For Immediate Release:</strong> Dec. 5, 2012<br /> <strong><span>Media Contact: </span></strong><span>Jennifer Bowles &bull; 951.826.8480 &bull; <a href="mailto:jennifer.bowles@BBKlaw.com">jennifer.bowles@BBKlaw.com</a></span></p> <div>&nbsp;</div> <p><strong>RIVERSIDE, Calif.</strong> _ The Daily Journal today named three Best Best &amp; Krieger LLP attorneys among its Top 25 municipal lawyers in California for 2012.<br /> <br /> &ldquo;We are thrilled to have our municipal law practice group recognized so prominently by the Daily Journal. The honor reflects the commitment our firm has made to doing outstanding work for our municipal clients,&rdquo; said Eric Garner, BB&amp;K&rsquo;s managing partner.<br /> <br /> The firm&rsquo;s lawyers act as city attorney to more than 30 cities across California and provide special counsel to several more.<br /> <br /> The attorneys named to the list include <font color="#800080"><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1618&amp;format=xml">John D. Higginbotham</a></font>, a litigator based in Riverside who has scored a series of legal victories for municipal clients; <a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=2423&amp;format=xml"><font color="#800080">Iris P. Yang</font></a>, who serves as city attorney to Paso Robles and is active in court battles involving the wind-down of redevelopment; and <a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1563&amp;format=xml"><font color="#800080">Sonia R. Carvalho</font></a>, the first Hispanic woman to be named as city attorney to Santa Ana, Orange County&rsquo;s second-largest city.<br /> <br /> The <a target="_blank" href="http://www.dailyjournal.com">Daily Journal</a> Corp., publisher of the Los Angeles and San Francisco Daily Journals, issued its list of the top 25 municipal lawyers in California in a special supplement to today&rsquo;s editions.<br /> <br /> <strong><span>Higginbotham </span></strong><span>was recognized for his civil trial victories for cities, including a jury trial in a </span>contentious case pitting the City of Colton against its former police chief who alleged he was wrongfully terminated for reporting corruption. Higginbotham was able to prove that a former police chief, Kenneth Rulon, was actually aware of the corruption before any of the city&rsquo;s top officials became aware but failed to act on it for a year, and that his claims related to such information had nothing to do with his termination.<br /> <br /> In addition, Higginbotham won a <span>ruling for Inglewood in <i>Goldsmith v. Inglewood </i>&nbsp;on the use of red-light cameras at traffic intersections<i>.</i> The case went on to the appellate court, which published the first-ever decision in California upholding red-light camera enforcement and declaring that photographs of drivers running red lights are legitimate evidence in court. That case, P<i>eople v. Goldsmith, </i>is scheduled to go before the state Supreme Court in 2013.<br /> <br /> </span><strong>Yang,</strong> based in BB&amp;K's Sacramento office, has served as the city attorney to Paso Robles since 1994. More recently, she has been heavily involved in litigation focused on the fall-out from the end of redevelopment agencies in California. <br /> <br /> In <i><span>League<i> of California cities et al. v. Ana J. Matosantos, et al, </i></span></i><span>she is representing the League of California Cities in challenging the penalty provisions of AB 1484 on constitutional grounds. AB 1484 was intended to clean up last year's redevelopment agency dissolution bill but instead has created additional widespread confusion and spawned dozens of lawsuits.</span><i><span> </span></i><br /> <br /> In another case, Yang obtained a preliminary injunction against the state from imposing any penalties on the Town of Apple Valley for the redevelopment successor agency's refusal to make a payment that the successor agency said it didn't owe the state.<br /> <br /> She also represented Galt in a case where the state agreed that Sacramento County could release money to Galt's redevelopment successor agency to make bond payments.&nbsp;Yang also represents the Morgan Hill Economic Development Corporation, a non-profit corporation established by the city of Morgan Hill, in challenging the state controller's determination that the corporation should return certain properties and money to the Morgan Hill successor agency.<br /> <br /> <strong><span>Carvalho</span></strong><span> became city attorney for Santa Ana in April under a unique hybrid city attorney role. Carvalho became a contract employee with the city but performs all the duties of an in-house city attorney, a move that was aimed to save the city from paying her health and retirement benefits. Carvalho, who has served as city attorney to several cities across Southern California during a 20-year legal career, remained a BB&amp;K partner. </span></p> </span>Press Releases05 Dec 2012 00:00:00 -0800http://www.bbklaw.com/?t=40&an=16326&format=xmlPost-Redevelopment California: Getting Your Real Estate Assets in Orderhttp://www.bbklaw.com/?t=40&an=16291&format=xml<p>By <strong>Ethan J. Walsh</strong><br /> <br /> For cities and counties across California, one of the most daunting tasks of 2012 has been starting the wind-down of redevelopment. Since the California Supreme Court released its decision in <i>California Redevelopment Association v. Matosantos</i> last January that eliminated all redevelopment agencies throughout the state, cities and counties have been frantically working to keep up with the dissolution steps set forth in Assembly Bill 1X 26, and then supplemented by Assembly Bill 1484.</p> <p>The staff members for successor agencies established by AB 1X 26 have been running from one task to the next in order to comply with the requirements of these two bills. Due to the strict deadlines and severe penalties associated with each step of the wind-down process thus far, successor agency staff have been understandably focused on the tasks immediately in front of them for most of 2012. However, in 2013 many successor agencies will start with the next phase of the wind-down process, and focus on how to use or dispose of the real estate assets that were owned by redevelopment agencies prior to their dissolution through the preparation of a long-range property management plan as required by AB 1484. While agencies are not required to begin preparing these plans for a few months, they would be well served to get a head start on this process not only to ensure compliance with the law, but also develop the plan as a tool to fulfill local policy goals and objectives.</p> <p><i>The Long-Range Property Management Plan</i></p> <p>The requirement to prepare a long-range property management plan is triggered once the successor agency completes a series of requirements that were imposed by AB 1484, enacted in June. Successor agencies are preparing due diligence reviews that will be used to determine the amount of unencumbered cash that the successor agencies must turn over to their county auditors. The State Department of Finance will review the due diligence reviews, and in April will determine the amount that each agency must pay. Once an agency makes this payment, it will receive a &ldquo;finding of completion,&rdquo; and will be authorized to prepare the long-range property management plan within six months after receiving the finding of completion. While the long-range property management plan is required by law, it is also a tool that agencies can use to develop a strategy on how to use the remaining redevelopment agency properties.&nbsp;</p> <p><i>Developing an Inventory of Successor Agency Property</i></p> <p>A B 1484 requires that specific information be included in the long-range property management plan. The plan must include an inventory of all property that is held by the successor agency. Agencies should start developing this inventory sooner rather than later. Redevelopment agencies frequently held a wide variety of property interests, and those property interests were often managed by many different people over the life of the redevelopment agency. It is important to take the time to ensure that all property interests are addressed in the plan, and no loose ends are left to clean up later. The inventory must contain specific information regarding each property, including the date of the original acquisition and the purpose for which it was acquired; the original purchase price and the estimated current value of the property; the history of environmental contamination on the property and any clean-up efforts; a description of the property&rsquo;s potential for transit-oriented development and the advancement of the successor agency&rsquo;s planning efforts; and a history of any previous development proposals or activity for each property. Although agencies are required to prepare this inventory, they should not approach the task as simply a box that must be checked as part of the dissolution process. The preparation of this inventory allows for&nbsp;an opportunity to take a step back and evaluate the properties held by the successor agency, including relevant facts that affect their marketability and potential for development. The information compiled as part of the inventory can guide future decisions over how to use or dispose of the property going forward.</p> <p><i>Deciding on the Use or Disposition of Property</i></p> <p>The long-range property management plan must also address the use or disposition of all properties held by the successor agency. Any property the redevelopment agency used for a governmental purpose may be retained for that use; other properties may be kept for future development, sold or used to fulfill outstanding enforceable obligations. Properties that are to be used or sold for a project identified in an approved redevelopment plan must be transferred to the city or county, and the proceeds from the sale or use of all properties retained by the successor agency will be distributed amongst all the local agencies in the former redevelopment agency&rsquo;s jurisdiction. Once complete, the plan must be approved by both the successor agency&rsquo;s oversight board and the Department of Finance before successor agency can begin to implement the plan.&nbsp;</p> <p>In addressing the future use or disposition of these properties, successor agencies should evaluate not only the value of the properties, but also how to maximize that value for the benefit of their cities and the other taxing entities. Many redevelopment agency properties can still be developed for productive uses that will further local goals, and also in many cases improve the property tax base to the benefit of all local agencies. Successor agencies should evaluate how best to achieve their goals, and may want to consider how to best position the property for sale, including possibly conducting pre-development work that would enhance the value of the properties, including environmental clearances, entitlements and feasibility studies for the property. To maximize the potential benefit, the successor agency will need a well thought-out strategy that will allow intelligent and creative decision-making on the development and liquidation of available redevelopment properties.</p> <p>The wind-down of redevelopment has been a painful process for cities and counties, and is sure to give rise to many more conflicts and disputes in the coming years. The long-range property management plans, however, offer an opportunity to salvage some of the goals that were cast aside when redevelopment was eliminated. Successor agencies should take the time to take advantage of this tool for the benefit of their communities.</p> <p><b>Ethan J. Walsh</b> is a partner in the Municipal Law practice group of Best Best &amp; Krieger LLP in Sacramento, where his practice focuses on post-redevelopment, affordable housing and land use law. He assists redevelopment successor agencies and private developers in structuring transactions for commercial, residential and mixed-use projects; negotiating and drafting disposition and development agreements, and owner participation agreements for commercial, residential and mixed-use projects. He can be reached at <a href="mailto:ethan.walsh@bbklaw.com">ethan.walsh@bbklaw.com</a>.</p>BB&K In The News28 Nov 2012 00:00:00 -0800http://www.bbklaw.com/?t=40&an=16291&format=xml