CalCurrent presented by Snell & Wilmer: Recent Episodes
Snell & Wilmer
Welcome to CalCurrent, presented by Snell & Wilmer. This podcast focuses on helping you navigate the California legal landscape. CalCurrent’s featured speakers are experienced attorneys who provide updates on current legal matters, in a format available to access as your schedule permits. This podcast will cover statewide, national and international issues that affect both individuals and our business community. We invite you to consider CalCurrent as one of your go-to resources for learning about the latest updates in the legal world and potential impact in California and beyond.
CalCurrent is available on Apple Podcasts, Spotify and Stitcher. Subscribe below to receive new episodes every month and browse through the entire back catalogue.
On this episode, corporate and securities attorneys Eileen Uy, Tony Caldwell, and Angela Kim discuss the SEC’s newly adopted cybersecurity rules and how it can effect public companies.
On this episode, Labor and Employment Partner Brook Barnes reviews employment agreements and how California employers can use them to mitigate liability.
On this episode, Lauren R. Talkington, an estate planning and probate litigation attorney, along with co-host Faith Liveoak, a tax and estate planning attorney, discuss the advanced estate planning techniques of Nevada Incomplete Gift Non-Grantor Trusts (NINGs) and Delaware Incomplete Gift Non-Grantor Trusts (DINGs) and the newly enacted California law that attacks them.
On this episode, Commercial Litigation Partner Howard Privette discusses the Caremark standard for assessing the oversight duties of corporate directors and its application in the recent California appellate case Kanter v. Reed. Dive into the framework of the Caremark standard to learn the significance of this decision and what implications it could have for the future.
On this episode, Steffi Hafen, private client services partner, discusses estate and tax planning for closely held business owners or owners of a business where there is no readily available public market. She outlines how advance planning and utilization of structures such as buy/sell agreements, corporate recapitalizations, gifts, and additional freeze transactions may help resolve or avoid issues if there is a sudden departure of a key owner, such as by death, disability, or retirement.
On this episode, Zachary Schroeder, intellectual property litigation attorney discusses the recent federal circuit decision in Ironburg Inventions, Ltd. vs. Valve Corporation that held that patent owners bear the burden of proof for an Inter Partes Review (IPR) Estoppel affirmative defense.
On this episode, Employee Benefits Partner Matthew Chiarello highlights two types of student loan benefits: student loan matching contributions in retirement plans and student loan reimbursements that are built into educational assistance programs. Join Matthew to find out how these programs can help employers recruit and retain talent in a dynamic labor market.
Intellectual property is often left unprotected because it can be difficult to identify. On this episode, join Partner April Wurster as she shares tips and tricks for identifying intellectual property.
On this episode of CalCurrent, host and labor and employment Partner Brian Mills discusses California’s new pay equity law that went into effect on January 1, 2023, and its potential effect on California employers and individuals who are pursuing employment opportunities.
Lake Tahoe is the largest alpine lake in North America. Attracting about 15M visitors annually, it continues to be a popular year-round vacation destination. The Lake Tahoe Basin, however, remains largely undeveloped primarily due to strict regulations from the Tahoe Regional Planning Agency (TRPA). On this episode, join real estate attorney Michael Cabrera as he discusses the basics of TRPA and the complex regulatory framework that real estate developers and investors must navigate to move forward with projects in the Lake Tahoe Basin.
On this episode of CalCurrent, join our host, private client services partner Steffi Hafen, as she discusses charitable planning, specifically, using donor advised funds or private foundations to help achieve charitable goals.
On this episode of CalCurrent, join our host, corporate and securities partner Rachel Simon as she outlines the typical steps involved in the sale of a business and answers some frequently asked questions about mergers and acquisitions.
Beginning January 1, 2023, the new Pay Transparency for Pay Equity Act (S.B. 1162) will go into effect, requiring certain employers to include salary ranges in job postings. On this episode of CalCurrent, labor and employment attorney Kevin M. Brown discusses the new requirements for employers, penalties for violations of the new act, and how California employers may want to start preparing for this change.
On this episode of CalCurrent, host and environmental partner Sean Sherlock concludes this series by discussing additional tactics to mitigate risks in environmental law in commercial real estate transactions. These tactics include indemnities, environmental insurance, Brownsfield programs and entitlement due diligence. This is the final episode of the Environmental Considerations in Commercial Real Estate Transactions series. For part 1 listen to Episode 74.
On this episode, intellectual property partner Jaime Choi explains how Patent Term Extension can provide extra patent protections that otherwise could be lost due to delays while obtaining FDA approval for a new pharmaceutical or biologic drug, or medical device.
This episode of CalCurrent is the first part of a two-part series, hosted by environmental partner Sean Sherlock. Join him to learn about the various risks posted by California and federal laws in commercial real estate transactions and ways to mitigate those risks.
On this episode of CalCurrent, corporate and securities partner Jim Scheinkman provides context to mergers and acquisitions negotiations in which a party refers to what is a “market” provision.
On this episode of CalCurrent, tax attorney Faith Liveoak provides a brief overview of the U.S. federal income tax implications of transactions involving cryptocurrency and similar digital assets.
On this episode of CalCurrent, we enter the world of crypto currency with blockchain partner Charles Gianelloni to discuss BlockFi’s recent settlement with the SEC and several states, including California.
On this episode of CalCurrent, private client services partner Steffi Hafen discusses estate and tax planning for private equity fund principles specifically focusing on tax planning with carried interest.
On this episode of CalCurrent, San Diego partner and Chair of life sciences, Jeff Morton, discusses key aspects of mRNA technology and factors to consider for freedom to operate (FTO) purposes.
On this episode of CalCurrent, intellectual property partner John Platt uses real life battery trade secret battles to discuss how to protect a company’s trade secrets.
On this episode of CalCurrent, San Diego OSHA attorney Kevin Brown discusses the recent Biden administration mandates enacted to combat the workplace challenges of COVID-19.
This week on CalCurrent, San Diego intellectual property counsel April Wurster discusses aspects of Bio-Rad Laboratories Inc. v. International Trade Commission and how companies can keep intellectual property even after an employee departs.
On this episode, Orange County commercial litigation attorney Kelly Smith gives a short background on the different federal district courts in California and what changes we may expect to see to the judiciary in the Southern District in the upcoming months.
This week on CalCurrent, Orange County labor and employment partner Gina Miller discusses the recent judicial ruling in Hector Castellanos v. State of California that found Proposition 22 unconstitutional, changing the employment classification of rideshare and delivery drivers throughout the state.
On this week’s episode, Los Angeles commercial litigation attorney Daniel Seabolt reviews the recent SCOTUS decision in Alabama Association of Realtors v. Department of Health and Human Services ending the CDC COVID-19 eviction moratorium and discusses the effects it could have on California landlords now.
On this episode, trust and estate partner Steffi Gascón Hafen discusses qualified small business stock (QSBS) and the tax-efficient planning opportunities it can provide if you plan ahead.
On this week’s episode, Los Angeles product liability litigation partner Alina Mooradian discusses the recent U.S. Supreme Court decision in Ford Motor Company v. Montana and its possible effect on future personal jurisdiction cases.
This week on CalCurrent, intellectual property partner Debbie Gubernick discusses the National Collegiate Athletic Association’s (NCAA) recent adoption of an interim name, image and likeness (NIL) policy and landmines to avoid before entering into NIL agreements.
On this week’s episode, labor and employment attorney Anne Dwyer discusses the California Supreme Court’s recent decision in Ferra v. Loews Hollywood Hotel, LLC and how it affects meal and rest break premiums for employees.
This week on CalCurrent, Los Angeles commercial litigation partner Keith Gregory discusses best practices for protecting trade secrets and how confidentiality agreements may not always be enough.
On this episode, patent attorney, Jeff Morton, discusses the nuances of five common patent applications that are prevalent in U.S. patent practice and general usage of each. This episode covers provisional applications, non-provisional applications, divisional applications, continuation applications, and continuation-in-part (CIP) applications.
On this episode, regulatory healthcare partner Paul Giancola discusses healthcare fraud, outlining the fraud and abuse laws that apply to federal healthcare programs such as Medicare and Medicaid.
This week on CalCurrent, join Phoenix partners Andrew Jacobs and Greg Marshall as they discuss the U.S. Supreme Court’s 5-4 decision in TransUnion LLC v. Ramirez and its possible effects on the future of class action cases.
This week on CalCurrent, Heidi McNeil Staudenmaier, a partner in Snell & Wilmer’s Native American Services Group, discusses the United States Supreme Court’s landmark decision in United States v. Cooley and how the decision solidifies the inherent sovereign power of Tribes.
On June 17, more than a month after the CDC announced that fully vaccinated people no longer need to wear a face covering or practice social distancing in most workplaces, California updated its workplace safety rules when the California Occupational Safety and Health Standards Board (OSHAB) passed a revised Emergency Temporary Standard (ETS). Join OSHA attorney Kevin Brown on this episode as he outlines the revised workplace standards and highlights the potential pitfalls.
This week on CalCurrent, business litigation partner Elizabeth Weldon discusses how, with increased planning and strategizing, California franchisors may avoid three common pitfalls of franchise relationship events.
This week on CalCurrent, Orange County Commercial Finance Attorney Joshua Partington discusses how evolving technology has made Remote Online Notarization (RON) a reality. As the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act of 2021 continues to move through the approval process and with at least 34 states enacting statutes allowing RON as of May 2021, the call for a national standard seems to be growing.
On this episode of CalCurrent, co-founders Steffi Hafen and Jeff Morton celebrate the 50th episode. They review CalCurrent’s evolution into a weekly go-to resource for navigating the California legal landscape and provide a legal update on a recent tax court case with significance in the areas of tax and intellectual property.
With significant pressure to deliver for investors, valuable resources at stake, and increasing pressure to move quickly, oftentimes there is little time to analyze and negotiate when entering into a collaboration agreement. On this episode, San Diego corporate and securities attorney, Sarah Hibbard, highlights how understanding some key factors and recognizing some common pitfalls of collaboration agreements may have long-term value.
This week Bardia Moayedi, a corporate and securities partner with a focus on representing startups and venture capital firms, discusses when a company should consider seeking approval from the Board of Directors and why. He highlights 10 specific circumstances when Board approval may be necessary.
On this episode of CalCurrent, Phoenix executive compensation partner, Greg Gautam, covers five common pitfalls private companies and startup companies should watch out for when structuring their equity compensation programs. Join Greg as he identifies common mistakes and offers tips on how to best avoid these common pitfalls when structuring equity incentive programs.
After 40 years in the background, there are proposals for changing existing environmental justice laws on both the California state and federal levels. On this episode, environmental partner Sean Sherlock discusses how these changes may affect new development projects and existing businesses, and how businesses can anticipate and address environmental justice concerns raised about their projects and operations.
Due to the COVID-19 pandemic, employers are facing an increased amount of Cal/OSHA regulations and inspections. On this episode of CalCurrent, OSHA attorney Kevin Brown outlines key considerations all employers should know when facing a Cal/OSHA or OSHA investigation.
On this episode of CalCurrent, intellectual property attorney Michele Washington discusses the Budapest Treaty and how it is utilized in the United States to satisfy the enable requirement in certain life science patent applications.
On this episode of CalCurrent, corporate attorney Katherine Annuschat McCaig covers six crucial considerations when deciding to sell your company and how to help ensure you get the best value for your business.
In reaction to recent protests and social unrest across the country related to the treatment of Blacks and other ethnic and racial minority groups, we have seen businesses put a strong focus on diversity, equity and inclusion in the workplace. While some businesses have been working on these issues for years, others have only recently created programs looking at these issues. On this episode, labor and employment partner Marian Zapata-Rossa discusses the advantages of a diverse workforce, the potential legal pitfalls of a poorly executed DEI program, and the changing landscape of diversity, equity and inclusion in the 2021 workplace
In 1863, the Federal False Claims Act, sometimes called the Lincoln Law, was enacted to help fight fraud that was being committed against the Union army during the Civil War. Over 150 years later, this Act is arguably still the federal government’s most important enforcement tool--especially in light of its authorization of trillions of stimulus dollars in 2020 due to the COVID-19 pandemic. This week on CalCurrent, join civil litigator Amy Sorenson as she provides an overview of the Federal False Claims Act and highlights its continued importance today.
Join estate planning partner Steffi Hafen has she outlines the tax implications to consider if you are immigrating to the U.S. or are a citizen of multiple countries or have multi-country residency. On this episode, Steffi discusses how immigration status can affect the application of different tax regimes, including the U.S. income tax and U.S. transfer tax system, what the standards are for U.S. status that could subject you to different tax rules and the different types of pre-immigration planning you may want to consider.
On January 8, 2021, the U.S. Supreme Court decided to hear the case of Minerva Surgical v. Hologic. The outcome of the Court’s ultimate decision could have far reaching implications on inventors, assignees, assignors, and employers. On this episode of CalCurrent, San Diego partner, Jeff Morton, discusses these implications, reviews relevant case law that could influence the decision, and highlights how the court’s decision could impact the future of U.S. patent law.
In January 2021, the Supreme Court issued an opinion in City of Chicago v. Fulton, a case that began in bankruptcy court. On this episode of CalCurrent, listen as bankruptcy partner Nathan Kanute breaks down the Supreme Court opinion.
Join Snell & Wilmer corporate and securities partner, Jim Scheinkman, as he discusses important considerations for business owners in selling their businesses. This episode discusses important preparation steps for a business owner to consider, how many buyers evaluate businesses and how sellers can anticipate their evaluation criteria, potential risks to a seller in the sales process, and some of the key legal and business factors for business owners to consider in advance of a sale to address a buyer's perception of a business and its risks.
The Food and Drug Administration recently published a new Action Plan for how the agency will evaluate artificial intelligence and machine learning-based software when used as a medical device. On this episode of CalCurrent, digital health technology partner Eric Kintner discusses the FDA’s new Action Plan and how it may serve as a roadmap for future regulations.
As the vaccination for COVID-19 is becoming more commonplace, employers are facing new hurdles, such as employee vaccination requirements and exemptions. On this episode of CalCurrent, labor and employment partner Tiffanny Brosnan answers frequently asked questions employers should consider as they create COVID-19 vaccinations policies for the workplace.
With 7,000 miles of coastline, proximity to the United States and a diverse culture, Mexico has become a popular location for people looking to buy a home away from home. However, buying property internationally is not always as simple as making an offer and signing on the dotted line. On this episode of CalCurrent, Los Cabos real estate attorney Jorge Fragoso outlines seven key factors to consider when purchasing a property in Mexico.
On December 28, 2020, the Federal Aviation Administration issued new regulations requiring Unmanned Aircraft Systems (UAS), commonly known as drones to broadcast a digital license plate in the form of a Remote ID. On this episode, guest host and UAS/drone partner Kelly Daly provides a summary of these rules and explains why this a critical step towards integrating drones into the national airspace.
On this episode of CalCurrent, corporate and securities attorney Sarah Hibbard kicks off the Master Service Agreements Series discussing considerations when entering into Master Service Agreements.
If you are party to an M&A transaction, whether buyer or seller, purchase price adjustments based on working capital can affect you. On this episode of CalCurrent, learn the basics of purchase price adjustments with Los Angeles corporate and securities partner Rose Sorensen.
In March 2020, the Department of Health and Human Services issued a notice of declaration granting immunity from tort litigation for vaccine and therapy makers developing COVID-19 vaccines. On this episode, guest host, Dan Wittenberg highlights the recent developments and nuances stemming from this declaration.
With the arrival of the COVID-19 vaccine, many employers are asking the same question, “What do we do now?” On this episode of CalCurrent, OSHA attorney Kevin Brown highlights some of the new challenges employers face as the vaccine becomes more widely available.
CalCurrent episode 24 focuses on common branding and trademark pitfalls business owners may want to avoid. This episode continues the narrative as host, Jeff Morton, outlines four tips for business owners during the branding and rebranding process.
Experiencing the death of a loved one can be overwhelming and stressful. In this episode of CalCurrent, estate planning partner Steffi Hafen outlines the actions to be taken after a loved one passes, and how advance estate planning can provide your loved ones with clarity during a stressful time.
In the midst of the COVID-19 pandemic, landlords and tenants alike are looking for guidance on their commercial leases. On this episode of CalCurrent, guest host and real estate partner, Jon Frank, gives an overview on state and local ordinances, force majeure clauses and liability responsibility in relation to California commercial leases.
In today’s market, a company’s branding strategy is a key business asset. On this CalCurrent episode, patent and trademark partner, Jeff Morton focuses on four common pitfalls businesses may want to avoid when branding or rebranding.
The California voters passed Prop 19, also known as the California Fire Response Fund proposition, which goes into effect in 2021. This proposition can have surprising effects on property tax and estate planning as it relates to transfers to children. On this episode of CalCurrent, private client services partner, Steffi Hafen, discusses the history that brought us to Prop 19, and the effects it can have on California homeowners.
The Telephone Consumer Protection Act can be a dangerous federal statute for any company communicating with the public. With unclear definitions and major statutory damages, the TCPA doesn’t just apply to marketing communications. On this episode, Los Angeles partner Becca Wahlquist gives an overview on sections 227B and 227C of the TCPA.
Many companies, wanting to avoid a jury trial when facing legal issues, often insert jury trial waivers into contracts. While these waivers are not enforceable, there are two court directed ways to avoid a jury trial: arbitration and judicial reference. On this episode, partner Jeff Singletary, discusses the pros and cons of the lesser-known judicial reference process.
Historically, circumstances under which a federal agency has requested transfer of patent title under the amended Bayh-Dole Act have been rare. However, times and circumstances have changed. On this episode, patent partner, Jeff Morton, discusses the possibility of a federal agency requesting transfer of title for a patent that covers COVID-19 antibody treatment.
In this week's episode, real estate partner Cary Jones summarizes the recent California legislative history of efforts to promote affordable housing in single family neighborhoods, as well as the Supreme Court background of single family residential zoning.
Startup companies are faced with many decisions at the start of their business. In this episode of CalCurrent, partner Bill Kastin discusses six general corporate and tax issues every startup should consider at formation, and how those issues could impact the business and its owners over time.
Over the past several months, there have been startling new interpretations and changes in the U.S. immigration system that affect businesses that hired or are trying to hire foreign nationals to work within our borders. Partner Rebecca Winterscheidt discusses the changes the immigration system has experienced and how businesses are responding to such changes.
What is a design patent? What is the process to obtain one and how can you enforce it? On this week’s episode of CalCurrent, host Dwight Kim contrasts a design patent and its more famous cousin, the utility patent. When a product’s differentiation is in its unique design and appearance, you can still seek to protect it from competitors and knock-offs by applying for a design patent.
On this episode, patent attorney, Jeff Morton discusses how to protect antibodies through the patent process, highlighting the different approaches in various jurisdictions around the world.
On this episode of CalCurrent, partner Steffi Hafen discusses the nuances of managing estate planning and gift tax during an election year.
Employers may expect to see a rise in litigation due to the COVID-19 virus. On the seventh episode of CalCurrent, Employment and OSHA attorney, Kevin Brown discusses the types of litigation employers may see and ways to help mitigate risk.
Trust and estate partner, Steffi Hafen discusses strategies for planning for your financial future in the current market on this episode of CalCurrent.
On this episode, San Diego Partner, Jeff Morton dives into the nuances of non-disclosure agreements.
On this episode of CalCurrent, OSHA attorney, Kevin Brown discusses best practices when handling an employee who tests positive for COVID-19.
To help prevent the spread of the COVID-19 virus, public health officials now require Californians to wear masks or face coverings when outside of the home. This episode, San Diego attorney, Kevin Brown covers what employers should know about face coverings and mask usage in the workplace.
On the second episode of the inaugural launch of CalCurrent, San Diego partner, Jeff Morton covers how to manage a patent portfolio while reigning in legal costs.
On the first episode of the inaugural launch of CalCurrent, San Diego partner, Steffi Hafen discusses how to protect your legacy from the comfort of your home with virtual estate planning.