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Publications
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Hill Farrer & Burrill: In the News
Here is some recent media coverage of our attorneys and their expertise.
- Calif. Regulators Burden Haulers: Lawyer Calls for EPA Uniform Standard
More than 20 years ago, EPA and DOT developed uniform hazardous waste manifest for haulers. But some states – California included – have added their own, more stringent regulations and, according to partner Arthur Cook in an article in the August 2005 issue of HazMart Transportation News, state industry groups are concerned. The EPA responded last March with a modification to the original standards; but, explains Cook, “There are a host of state requirements…and the EPA had indicated, when it proposed to do the rulemaking, that they were going to address these issues…and they fell short of their goal.”
A June 6, 2005 article in the National Law Journal discusses the problems with getting a fair trial in a small town. Explains partner Arthur Cook, “Certainly big-city counsel carry a stigma in a small town where the local jury, and even the judges, will often say, ‘You’re a big-city slicker. What are you doing in our town?’” Cook advises that the lawyers recognize that they are under close scrutiny and avoid appearing overconfident – which could hurt you with the jury.
- Legal Ease: Avoid the acquisition pitfalls
Partner Arthur Cook writes in the May 1, 2005 issue of Pest Control magazine that although many pest control companies have been sold “with a contract on a napkin,” there are a number of traps that could be avoided with competent legal advice. Among the warnings: buy assets, not the company, and only those you want; perform a thorough search for any liens; buy all the goodwill and intellectual property; examine any leases of real property; and perform an environmental site characterization of any real estate, whether loaned or leased, to be transferred,
- Theater Owner Wins $1.6 Million Settlement from MTA
The Los Angeles Daily Journal Extra reports in its April 18, 2005 edition on the court victory that LA’s famed El Capitan Theatre won against the MTA for reimbursement of the money spent to shield the historic structure from being affected by MTA construction. Partners Paul Porter and Kevin Brogan, the attorneys for CUNA Mutual Life Insurance Co., which owns the theater, are featured in the article. Explains Porter, “It was an interesting issue in the law that isn’t litigated that often. It’s somewhat unusual for a property owner to spend money to eliminate the risk of any damages to come from government projects.”
- Rules for Sexual Harassment Training
In an article in the March 2005 California Lawyer, co-authors Ronald Novotny, partner in Hill, Farrer & Burrill, and Monica Ballard, president of Parallax Education, examine the implications of a 2005 California law requiring companies with 50 or more employees to provide training in sexual harassment prevention to their supervisors by year-end. The article takes employers through issues such as the legal effects of compliance and non-compliance and various training components. According to the authors, “Providing effective sexual harassment training may help limit or even eliminate damages for sexual harassment by supervisors.
- High Court Ruling Likely Will Slow Environmental Cleanup
The Los Angeles Daily Journal’s February 17, 2005 edition carries an opinion piece by partner Arthur Cook discussing the Supreme Court decision in Cooper Industries Inc. v. Aviall Services Inc., written by Justice Clarence Thomas. Cook points out that after 25 years of litigating the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, a “somewhat coherent body of federal decisional law had emerged.” But this new decision leaves lawyers and litigants in the dark about whether a right of cost recovery or contribution under CERCLA is to be denied to a responsible party who voluntarily incurs response costs. According to Cook, now “any responsible party currently litigating a cost recovery action in federal court…should reevaluate his or her position and strategy” in light of this decision.
The February 1, 2005 issue of Pest Control introduces a new column – Legal Ease – to which partner Arthur Cook is the first contributor. The article discusses what pest control companies should keep in mind when bidding on public contracts, including local ordinances and regulations, various cost factors and the specific roles the public and private parties will play throughout the contract.
- Mutiny Against the Bounty
In the Winter 2004 issue of California Employment Law, partner Ronald Novotny discusses SB 1809, the 2004 law designed to correct abuses resulting from the “Bounty Hunter Law’ of 2003. Although the “Bounty Hunter Law” was originally intended to encourage employees to file lawsuits for violations of the Labor Code, Novotny points out that business groups argued that the law tipped the balance of labor law in favor of employees and undermined efforts to keep and attract new businesses to the state. The new statute addresses the perceived inequities by, among other things, requiring all administrative remedies to be exhausted before a suit can be filed, as well as judicial oversight of the civil penalties assessed.
- Montage Petition Results Now In
The August 25, 2004 edition of the Beverly Hills Weekly reports that enough residents have signed a petition for a referendum on the Montage Hotel project, a luxury hotel development proposed for Beverly Hills. The article also states that a number of other projects are in the planning stages that, like the hotel, would violate current zoning restrictions. In papers filed early in 2004 by attorney Robert Silverstein on behalf of the Residential-Business Alliance, the Montage project is characterized as setting in motion “a domino effect where other property owners seek to copy the City’s increased density, increased height, mixed-use development...the City should expect a massive amount of new housing and other development once the City sets this precedent.”
- Hotel Fight Gets Taken to Beverly Hills Parking Lots
An article in the August 14, 2004 Los Angeles Times describes the controversy over the Beverly Hills five-star hotel project and the petition circling to allow voters to decide whether the Montage Hotel should be built. Attorney Robert Silverstein is representing The Campaign to Save Beverly Hills, which is opposed to the project, and is quoted in the article explaining the deadline and number of signatures required to mount a referendum.
- Anthem To File Lawsuit To Overturn California Regulator’s Ruling
On August 3, 2004, the Bloomberg wires ran a story on California Insurance Commissioner John Garamendi’s ruling to block Anthem Inc.’s proposed $16.4 billion acquisition of Well Point Health Networks Inc. to create the largest U.S. health insurer. In discussing the implications of the ruling and Anthem’s probable lawsuit to overturn it, partner William White said that “this is akin to a situation where someone wants to develop a big project and the city holds them up for ransom. Garamendi…(has) tied this to some very hot-button political issues.”
- Liability Lessons: Don’t Leave Yourself Vulnerable in Your School IPM Strategies
Partner Arthur Cook is the author of an article in the July issue of Pest Control magazine outlining how to limit liability from potential civil lawsuits when providing pest control services to schools in jurisdictions where school IPM laws are in effect. Among his recommendations are knowing your state statutes and regulations, specializing the route, developing clear and careful contracts and keeping detailed records. Sums up Cook, “The average PMP’s Achilles’ heel is more often recordkeeping than any other aspect of the business, opening the door to liability even where application has been carefully performed.”
- Oracle Papers Say It Would Cut 6,000 PeopleSoft Jobs
In its continuing coverage of the Oracle antitrust case, Bloomberg sent a story over the wires on June 30, 2004, discussing the impact the merger might have. Partner William White, commenting on Judge Walker’s request to both the government and Oracle for a better definition of the markets, explains, “It’s clear he is grappling with the very question of whether the high-end niche market can be defined as a relevant market. If you’re the government, it should bother you that the judge is still asking questions.”
- Antitrust Case Against Oracle Opens in S.F.
In the June 7, 2004 issue of the Los Angeles Daily Journal, Oracle’s hostile takeover of PeopleSoft and the major implications of what the reporter terms a “case epic in scope” are featured. Partner William White is quoted in the article on the anti-trust issues that are emerging: “…in defining the market…(Judge) Walker has to consider whether other firms could reposition themselves quickly to replace PeopleSoft as a competitor.” According to White, “Microsoft (is) sitting on billions of dollars of cash and readily able to step into the market. And Microsoft has declared its plans to increase business software sales.”
- Oracle Challenges U.S. Experts in PeopleSoft Suit
On June 2, 2004, Bloomberg sent a wire story to media across the country on the Oracle case, quoting partner William White. In discussing the wrangling over witnesses before the lawsuit begins, White explains, “It’s an early chance for Oracle to educate the court about what it sees are problems with some expert’s testimony. In big cases like this, they are pulling out all the stops.”
- Avoiding the Bankruptcy Code’s Ratable Distribution Scheme
In an article authored by partner Daniel McCarthy in the June, 2004 edition of Los Angeles Lawyer, McCarthy discusses the issue of ratable distribution among similarly situated creditors and when a purported creditor may be considered the beneficiary of an express, implied or statutory trust. According to McCarthy, “If a trust relationship exists, the trust beneficiary can and should receive the appropriate recognition, rather than having its trust claim viewed with skepticism….a trust beneficiary simply asks that the court recognize that the debtor and the debtor’s estate should not be allowed to wrongfully convert the trust beneficiary’s assets to the benefit of the debtor and its creditors.”
- Watching the Leaves - Federal and State Laws Protect Employee Leaves of Absence
Partner Warren Higgins discusses the ins and outs of the many challenges California employers face when dealing with leaves of absence in an article he authored for the June, 2004 edition of California Employment Law magazine. Concludes Higgins, “The important message for employers is that these laws should not be considered in isolation. Employers must be mindful that employees who require leaves of absence may be covered by more than one law and that steering clear of legal trouble means complying with all applicable federal and state laws.”
In Pest Control magazine’s March, 2004 cover story, partner Arthur Cook talks about the escalating costs of workers’ compensation premium rates and what it means for employers across the country. Says Cook, “With or without reform, every employer has many tools available to reduce the impact of the crisis on his or her company, by implementing sound risk control techniques and actively managing their workers’ compensation insurance program.”
- Suit Leaves Water Agency High and Dry
The February 9, 2004 issue of the Los Angeles Daily Journal covers the 150-page decision in Coachella Valley Water District v. Imperial Irrigation District, which capped 10 years of litigation and three trials. Partners Dean Dennis, Paul Porter and William Bitting, featured in the story, represented Coachella in a decision that Dennis characterizes in the article as “a game-winning home run.”
- Museum, School District Settle Dispute
The September 29, 2003 issue of the Los Angeles Daily Journal reports an agreement between the Santa Ana Unified School District and the Centennial Heritage Museum ending a five-year dispute over property rights. Partner Benjamin Salvaty, who represented the museum, describes it as a win-win situation. “The school district got the property it needed for a school, and the museum received compensation, which it can use to improve the museum grounds.”
- Land-Grant Gum Shoes Take on History Heirs
The September 2, 2003 issue of the California Real Estate Journal features partner Dean Dennis and several real property cases he has won by unearthing hard-to-find historical documents that help resolve ownership disputes. “Strange issues appear when people are ready to develop or to sell their property to someone who’s ready to develop,” says Dennis. “And it often occurs in properties that have been held for many years by a family or a large landowner or trust or an entity like the railroad.”
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