Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.


Client News: Diane Lane to Star as Hillary Clinton in four-part NBC mini-series

Weintraub Tobin client Diane Lane has a number of upcoming projects worth noting.

Diane will star as Hillary Clinton in a four event series/miniseries called “Hillary.” Oscar nominee Courtney Hunt will script the project that would “recount Clinton’s life as a wife, mother, politician and cabinet member from 1998 to the present.” NBC hopes to broadcast the series before any possible formal declaration that she was running.

Diane will also reprise her role as Superman’s surrogate mother in the sequel to “Man of Steel” which was announced at last month’s Comic-Con. The sequel will combine Superman and Batman. Returning stars also include Henry Cavill, Laurence Fishbourne and Amy Adams.

Diane was nominated for an Academy Award for her leading role in the film “Unfaithful.”

For more information on “Hillary,” read the New York Times article: “NBC Announces Mini-Series on Hillary Clinton.”

For more information on the sequel to “Man of Steel,” visit Coming Soon.net

Weintraub Tobin Client David Mamet Receives his First Emmy Nod

Weintraub Tobin is proud to announce that our client David Mamet, who wrote and directed HBO’s “Phil Spector,” recently received two Emmy nominations, including Best Writing and Best Direction. This is the first Emmy nomination for the playwright. Phil Spector, which starred Al Pacino, received a total of 11 Emmy nominations.

Read the full story in the Los Angeles Times.

Upcoming Speaking Engagement: Healthcare Reform, The Law & Wellness: It’s Still Crunch Time

Labor & Employment attorney Beth West will speak at this SACTO workshop, which will equip you with the resources, tools, and knowledge you need to get your business ready for a healthier, more productive, and compliant workplace. Learn more about the recent changes and new timeline for Healthcare Reform as well as successful wellness programs that have been implemented across companies of all sizes in the Sacramento Region.

Be Smart, Be Ready, Be Compliant

2015 will be here before you know it. It’s time to start preparing as we embark on a new era of healthcare opportunities. Please join us for a panel discussion that will ultimately save you time, money and energy in the future as we start to ask the questions:

Who:

Who is going to be impacted by Healthcare Reform?

What:

What will happen if you are compliant with the new regulations?

Why:

Why is Healthcare Reform beneficial?

Why are wellness programs becoming so popular?

Are they mandatory?

How:

How do I get compliant before 2015?

Panelists:

Insurance:
Liliana Salazar, Senior Vice President of Compliance, Wells Fargo Insurance Services and Vinny Catalano, Area Vice President,
Arthur J. Gallahger & Co., Inc.

Law:
Beth West, Shareholder, Weintraub Tobin Coleman Grodin Law Corporation

Tax:
Brian Conner, Partner, Moss Adams LLP

Wellness:
Alex Lara, President & Co-Owner, Thrive – Educate. Train. Inspire.

Event Details:

Tuesday, August 27, 2013
8:00 – 11:00 a.m.
24 Hour Fitness
1020 7th Street
Sacramento, CA

Healthy breakfast will be provided by Whole Foods.

Register Today!

No cost to attend. To register yourself or other employees of your company, contact Ashley Brown at SACTO at (916) 441-2144 or [email protected] by August 20, 2013.

SACTO Announcement: Bayer CropScience will be headquartered in West Sacramento

Sacramento, Calif., July 24, 2013The Sacramento Area Commerce and Trade Organization (SACTO) is pleased to announce the location of Bayer CropScience, a division of Bayer AG, in West Sacramento, California. The new facility will serve as the North American headquarters and research and development center for the vegetable seed and crop protection divisions of the company, which have joined to form Bayer CropScience. The approximately 164,000 square foot facility on ten acres will employ 300 at full capacity. The company will also acquire an additional non-contiguous site on which to construct a greenhouse facility. The project will have an economic impact of about $127 million in output (the value of goods and services in the Sacramento Region economy on an annual basis generated through direct, indirect, and induced activities of the company.)

Bayer CropScience will use the new site to expand and accelerate the development of innovative products which will be marketed worldwide as part of integrated crop solutions through the company’s global network of field sales and technical resources. “Integrated crop solutions, with Biologics and Vegetable Seeds as key components, will give growers worldwide new tools to manage the diverse demands of the food chain while maximizing the yield and quality of their crops” added Mike Miille, Head of Business Management, Biologics at Bayer CropScience. “It is exciting that the new jobs that will be created in Greater Sacramento area through this investment and expansion will have such a wide-reaching impact.”

With annual sales of over $1.5 billion, Bayer CropScience is one of the world’s leading innovative crop science companies and has a well-established inventory of environmentally green products, fruit and vegetable seed products, and biological control agents available in 30 countries. It is expected that green products will increase significantly with tremendous growth opportunity in all agricultural crops as well as in the environmental science business. The West Sacramento facility will further strengthen the company’s bonds with the University of California at Davis, one of the world’s top plant science institutes. The new location will be a world class center of expertise and excellence and demonstrates the company’s continued commitment and investment in agriculture-related R&D.

“The commitment to the Sacramento Region that this investment represents by a company with the global stature of Bayer AG validates the region’s strength in agriculture, biotech, and related sciences and paves the way for more companies to follow,” said Gary L. Bradus, SACTO Board Chair.

“We’re thrilled with Bayer’s decision to locate in West Sacramento. The decision will bring new jobs, revenue, and opportunities for other businesses and industry sectors to the area,” said West Sacramento Mayor, Christopher Cabaldon. “Our staff worked closely with SACTO to put together a deal that allows Bayer AG to grow its footprint in the region.”

Bayer is a global enterprise with core competencies in the fields of health care,agriculture and high-tech materials. This year the company looks back on 150 years of working to fulfill its mission “Bayer: Science For A Better Life.” Bayer CropScience, the subgroup of Bayer AG responsible for the agricultural business, is one of the world’s leading innovative crop science companies in the areas of seeds, crop protection and non-agricultural pest control. Bayer CropScience has a broad portfolio of products and services to control pests from home and garden to forestry applications. The company has a global workforce of 21,000 and is represented in more than 120 countries.

Bayer was represented by Ron Thomas and Bruce Hohenhaus of Cushman & Wakefield. The project enlisted the assistance of many partners at both the state and local levels. SACTO would like to especially thank Mather Kearney of the Governor’s Office of Business and Economic Development (GO-Biz), the California Employment Training Panel, and the City of West Sacramento for their support in the effort.

Weintraub Tobin Sponsors Women In Film

Weintraub Tobin is proud to support Women In Film, a nonprofit organization dedicated to helping women achieve their highest potential with the global entertainment, communications and media industries and to preserving the legacy of women in those industries.

Attorney Jessica Marlow is an executive member of the organization where she is encouraged to become an integral part of the Women In Film community by participating in events and programs and as a volunteer, a teacher, and/or a mentor.

Women In Film recently held its Women In Film Crystal + Lucy Awards in Beverly Hills. This year’s theme, Close Up, celebrated Women In Film, Los Angeles’ 40th Anniversary and took a close look at the organization’s history and accomplishments, focusing on where women are in the media industries today.

Founded in 1973, Women In Film and Women In Film Foundation provide for members an exclusive network of contacts, educational programs, scholarships, film finishing funds and grants, access to employment opportunities, mentorships, and numerous practical services in support of this mission.

Visit the Women In Film Website for more information.

Overcoming Proscrastination – Tips for Starting and Completing Your Estate Plan

Are you having trouble completing or updating your estate plan, although you are convinced you should? Maybe you have a referral to an attorney recommended by a friend or other advisor, but you haven’t yet scheduled the first meeting? Or you have attended the first meeting with your estate planning attorney, but you can’t quite seem to finish your action list for the next meeting?

Estate planning is not the top of anyone’s “to do” list. As an estate planning attorney, part of my job is to help my clients complete their estate plans. No one intends to delay the process, but many times the process stalls.

Here are some ideas that have helped my clients cross the finish line and enjoy the relief that a completed plan brings. See if they work for you!

Prop 65 Revisions are Ongoing, Public Meeting on July 30, 2013

This is from OEHHA’s website; the colored comments are ours.

On July 30, 2013, the Office of Environmental Health Hazard Assessment (OEHHA) will hold a public pre-regulatory workshop for the purpose of gathering input from interested parties on the content of a regulation that would address Proposition 65 warnings. Such a regulation, if formally proposed and adopted, would either supplement or replace existing OEHHA regulations governing Proposition 65 warnings and conform to any statutory changes if enacted.

The workshop will take place from 10 am to 3:30 pm in the Coastal Hearing Room at the Cal/EPA Headquarters Building, 1001 I Street, Sacramento, CA. The workshop will be webcast. The URL for the webcast (not active until the day and time of the meeting) is: http://calepa.ca.gov/Broadcast/.

Potential Regulatory Action OEHHA is considering a rulemaking that would provide for more informative and meaningful warnings to individuals concerning exposures to carcinogens and reproductive toxicants. The regulation would offer a variety of options for businesses that are required to provide these warnings, and would provide businesses with greater certainty that their warnings comply with Proposition 65.

At this time, OEHHA believes the regulation should include the following:

  1. A requirement that a warning inform an individual that he or she will be exposed to a listed chemical.
  2. The minimum information that must be included in all warnings, including the health effect (cancer, male reproductive toxicity, female reproductive toxicity, developmental toxicity) for which the chemical(s) involved in the exposure was listed; information on how a person will be exposed; and, where applicable, simple information (such as washing hands) on how to avoid or reduce an exposure.

This will make warnings more difficult and present additional avenues for litigation, particularly if there are more than one Prop 65 chemical present and more than one avenue of ingestion

  1. Approved warning methods and content for use by product manufacturers and retailers regarding exposures to listed chemicals from consumer products, including products sold at retail establishments and products sold via the internet. These approved methods may include alternatives to on-product warning.

This may be adequate although previous attempts to make this change have been unsecessful, as many parties have asserted that warnings need to be at the point of sale.

Approved warning methods and content for use by manufacturers and retailers regarding exposures to listed chemicals in foods, including foods sold at retail establishments and food products sold via the internet. These approved methods may include alternatives to on-product warnings.

Same as above, there is a prejudice by the AG for having the warning at the point of sale, in the store. It would be useful to have specific standards set to ease compliance questions.

  1. Approved warning methods and content for environmental exposures, including exposures an individual may experience when entering or spending time in an area where listed chemicals are present. OEHHA intends to provide specific warning language and methods for some common environmental scenarios, such as parking structures, food courts, hotels, apartments and other businesses, to provide greater clarity and certainty where appropriate.

Makes Sense

  1. Requirements and approved methods for providing additional contextual information to persons concerning exposures to listed chemicals. Such information would allow individuals to learn more about some or all of the specific chemicals involved in the exposure, and the applicability of other state and federal laws to these exposures. This information would not have to be provided prior to the exposure, but instead would have to be available to the public on a web site or other generally accessible location.

Makes sense, although it will cause manufactures and retailers to engage in additional efforts prior to sale.

  1. Reasonable transition times for businesses to come into compliance with this regulation and recognition of existing warnings that are included in court-approved settlements.

We try to draft our settlement agreements to include this time.

Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Summary of Program
The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain a more thorough understanding of the various exemptions available under California law and learn how to conduct an exemption analysis in order to reduce potential liability.

Program Highlights

  • A discussion of the exemptions available.
  • Checklists for determining if your employees are exempt.
  • How to conduct a self-audit to ensure that employees are properly classified.
  • What to do if your employees have been misclassified.

Seminar Program
9:00 a.m. Registration and Breakfast
9:30 a.m. – 11:30 a.m. Seminar
Approved for 2 hours MCLE credit; HRCI credits available upon request.
There is no charge for this seminar.

RSVP
Ramona Carrillo
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814
916.558.6046
[email protected]

Speaking Engagement: Prop. 8, DOMA, and Thoughts on Same-Sex Planning in CA

The United States Supreme Court recently issued its decisions in United States v. Windsor and Hollingsworth v. Perry, striking down the portion of the Defense of Marriage Act that prohibited federal recognition of same-sex marriages and rejecting the ballot proponents’ defense of California’s Proposition 8, respectively.

Weintraub Tobin attorneys Kay Brooks discussed the holdings in both of these cases at South Placer Estate Planning Council’s monthly meeting on August 20 at La Provence Restaurant. The attorneys noted what will and will not change for estate planners going forward. In addition, they offered suggestions for planning for same-sex couples and clients with gay or lesbian children, and presented a number issues that will still arise in the future, despite these recent cases.

FDA Proposes Arsenic Action Level for Apple Juice

On July 12, 2013 the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice. The 10 ppb is the same as EPA arsenic in drinking water standards.

“The FDA is committed to ensuring the safety of the American food supply and to doing what is necessary to protect public health. “We have been studying this issue comprehensively, and based on the agency’s data and analytical work, the FDA is confident in the overall safety of apple juice for children and adults.” “While the levels of arsenic in apple juice are very low, the FDA is proposing an action level to help prevent public exposure to the occasional lots of apple juice with arsenic levels above those permitted in drinking water,” said Michael R. Taylor, the FDA’s deputy Commissioner for Foods.

The FDA is establishing this threshold to provide guidance to industry however the agency may take the action level into account when considering an enforcement action, if it finds a food product exceeds the threshold.

The FDA indicated that it has been monitoring the presence of arsenic in apple juice for the last 20 years and has found that most samples contain levels of arsenic that are low. Last year the FDA released findings from an analysis of 94 samples of arsenic in apple juice. 95 percent of the apple juice samples tested were below 10 ppb total arsenic; 100 percent of the samples were below 10 ppb for inorganic arsenic, the carcinogenic form of arsenic. The assessment is based on lifetime exposure. Inorganic arsenic may be found in foods because it is present in the environment, both as a naturally occurring mineral and because of activity such as past use of certain pesticides.

Of interest for Prop 65 practicioners, will be how this number impacts Prop 65 levels. Currently there is a NSRL (No Significant Risk Level ) for inorganic arsenic of 10 micrograms per day. The NSRL for Proposition 65 is the intake associated with a lifetime risk of one in 100,000 for cancer.

The agency will accept public comments proposed action level for 60 days.