Legal News

The Payroll Protection Program has been a lifesaver to many businesses this year, but its quick roll out, and many generous features (including potential forgiveness) could tempt a borrower to treat the PPP as something less than a “real loan”. This, potentially, is a big mistake, as in the context of M&A transactions PPP restrictions, and the practical difficulties in working with those restrictions, have the potential to greatly slow or complicate a deal. This problem is acute for struggling...

During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges....By: Farella Braun + Martel LLP

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure and position your business for the best possible outcome if a dispute arises. Farella’s Real Estate Webinar Series will help you better understand your rights and the steps you can take to mitigate the construction, insurance, and landlord-tenant issues that the pandemic...

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in the negotiation of an EPC agreement for a solar or wind project. However, there are several issues that merit special attention in the context of an EPC agreement for BESS projects. Originally published in PV Magazine - June 22, 2020....By: Farella Braun + Martel LLP

The COVID-19 pandemic has resulted in widespread disruption of business and industry across California, including the state’s vibrant renewable energy and energy storage industry. Farella Braun + Martel attorneys are tracking developments and...By: Farella Braun + Martel LLP

With millions of Americans staying at home during the COVID-19 crisis, news outlets and internet infrastructure companies are all reporting significant increases in internet usage. For example, Cloudflare data from mid-March showed an 18% jump in...By: Farella Braun + Martel LLP

In view of the current coronavirus epidemic, what are the implications of material supply chain disruptions and labor unavailability resulting from the epidemic under typical building construction contracts?  Although the answer will always depend on...By: Farella Braun + Martel LLP

California employers are in for a busy new year of evaluating their workplace rules and practices due to a sizable list of new laws passed by the California legislature for 2020. These new laws may affect daily business operations, policies, and...By: Farella Braun + Martel LLP

In the first two parts of this series on best practices in protecting trade secrets, we addressed risks raised by the arrival and departure of key employees at companies, and failed potential customer-supplier or acquisition scenarios. In this third...By: Farella Braun + Martel LLP

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep pace with these changes....By: Farella Braun + Martel LLP