LEX VINI

The New Form I-9 Has Arrived!

The U.S. Citizenship and Immigration Services (USCIS) posted its new Form I-9, Employment Eligibility Verification on its website Friday, March 8, 2013. The form is available for immediate use by employers. Employers should begin using it as soon as possible, but if they need to update their internal procedures prior to implementation, employers may continue […]

Employers: New FMLA Posting Required March 8, 2013

The United States Department of Labor (“DOL”) has implemented new rules concerning the Family Medical Leave Act (“FMLA”) Regulations.  All covered employers (an employer with 50 or more employees within a 75 mile radius) will need to post the DOL’s new posting containing the rules as of March 8, 2013.  You can obtain the required […]

March 6th Presentation on Trademark Best Practices

Scott Gerien, head of Dickenson, Peatman & Fogarty’s Intellectual Property Department, will be appearing on a panel with Judith Schvimmer, Vice President and Legal Counsel at Jackson Family Enterprises, on  “Trademark Protection” on March 6 at 12:00 PST.  The presentation will be a TeleBriefing sponsored by Law Seminars International  In this 90-minute TeleBriefing, the panel of […]

Alcohol Beverage Licenses as Assets in Debt Collection

A recent US Bankruptcy Court case from the Middle District of Florida highlights the pitfalls of attempting to value certain assets, including a bar and liquor license, without expert assistance (Zaslavsky v. Smith (In re Smith) January 31, 2013, 2013 Bankr. LEXIS 434). In this matter, plaintiff creditor brought an adversary proceeding against defendant bankruptcy […]

Vineyard Purchases: Avoid Attorney Fees, Get a Survey

All too often purchasers of real property make assumptions about the extent of land included in their purchase, relying on visible landmarks such as tree lines and existing fences.  Despite the opportunity, and many times admonitions, to engage a land surveyor prior to the consummation of a purchase, prospective buyers often times wait until after […]

Wine Industry Lawsuits: How to Avoid Them

No one expects to have to go to court when they start a business deal or venture, or when they plant a vineyard or purchase real estate, but in today’s world no industry is free from lawsuits, particularly not the wine industry. Disputes over grape purchase agreements (duration, termination, quality standards, etc.), vineyard development agreements […]

DP&F Reception at Unified

Dickenson, Peatman & Fogarty will be hosting a reception at Unified on Wednesday, January 30th from 6:30-9:30 at Downtown & Vine located at 1200 K Street  #8 in Sacramento.  We invite all of our Lex Vini readers to join us if you happen to be in Sacramento for Unified.  Also stop by our booth on […]

Filing Period for H-1B Visas to Open April 1st

From time to time we like to post guest blogs from our colleagues with information that might be useful to our clients.  The below post is from Melissa Harms, an immigration law attorney based in Marin.  Melissa can be reached at [email protected] with any questions or inquiries. The FY2014 H-1B cap filing period will open 04/01/2013 (for […]

New York State Liquor Authority to Examine Third Party Marketing

The New York State Liquor Authority (“NY SLA”) is holding a special meeting on January 17, 2013 to discuss the role of third party providers in internet advertising and sales. This meeting is the result of a request from ShipCompliant for a declaratory ruling that its MarketPlace Platform does not violate New York state laws […]

California Increases Penalties for Farm Labor Violations

On Jan 1, 2013, a new law came into effect in California that allows for serious civil penalties — fines of up to $50,000 — to be levied against a farm labor contractor (FLC) for license violations.  The law amends Section 1683 of the California Labor Code, and provides teeth to enforcement agents.  Previously, the […]

2013 Employment Reminders (Happy New Year!)

As of January 1, 2013 most California employers must comply with a handful of important new laws.  Here are two that should top your list: 1. Commission Agreements:  Employers must have a written and signed commission agreement for all employees who receive any part of their compensation in the form of a commission. (Labor Code […]

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