1. February 1, 2016

    Immediate Action May Be Required: Is Your Roster Of Public Agencies Statement Of Facts Up To Date?

    BY: Warren Kinsler, Cathie Fields, Lisa Allred

    California Government Code section 53051 requires the Secretary of State to maintain an indexed “Roster of Public Agencies” including the full legal name and mailing address of every public agency in the state and the name and address of each member of the agency’s governing body. Likewise, section 53051 requires each public agency to file […] more

  2. January 25, 2016

    Technical Difficulties with an Online Meeting Agenda Does Not Always Constitute a Brown Act Violation if the Meeting Proceeds

    BY: Scott Danforth, Jessica Armijo, Mark Bresee

    On January 19, 2016, the California Attorney General issued Opinion No. 14-1203, which concluded the Brown Act’s online agenda-posting requirement for regular meetings is not necessarily violated if the local agency’s website experiences technical difficulties (e.g., power failure, cyber-attack, or other third-party interference) that cause the agenda to become inaccessible to the public for a […] more

  3. January 7, 2016

    Workplace Disability Issues: Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

    BY: Jacquelyn Takeda, Cathie Fields

    Whether the ability to work a certain number of hours in a shift is an “essential function” of a position is a factual determination that must be made on a case-by-case basis. In a recent decision, a federal district court found an employee with a disability presented sufficient evidence to create a question for a […] more

  4. January 5, 2016

    New Data Breach Notification Requirements Now in Effect

    BY: Sharon Ormond, Tina Kannarr, Lexe Davidson

    Materials distributed during our Education Law Technology Symposium in September 2015 included pending federal and state bills, the passage of which would affect colleges and universities, community colleges, and K-12 school districts in California. Governor Brown signed into law two bills mentioned in those materials, Senate Bill 570 and Assembly Bill 964, which relate to […] more

  5. December 18, 2015

    May Your Days Be Merry and Bright, and Your Drones be Registered for Flight

    BY: Sharon Ormond, Jacquelyn Takeda

    On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” […] more

  6. November 9, 2015

    IRS Announces Identity Theft Protection Services Are Not Taxable to Data Breach Victims

    BY: Cathie Fields, Peter Schaffert

    On August 13, 2015, the IRS issued Announcement 2015-22, addressing the tax treatment of identity protection services for data breach victims. The Announcement states that when victims receive free identity protection services from an organization that suffered a data breach, the IRS will not assert the value of the identity protection services is includible in […] more

  7. November 2, 2015

    Can an Employer Require an Employee to Take Medication as a Condition of Employment?

    BY: Jacquelyn Takeda, Cathie Fields

    Your employee is diagnosed with epilepsy after suffering a seizure at work. After a period of leave, the employee is cleared by a physician to return to work. Under the Americans with Disabilities Act (ADA), you must bring the employee back to work and provide reasonable accommodations to enable him to perform the essential functions […] more

  8. October 28, 2015

    Governor Signs Bill Integrating and Updating Sexual Health and HIV/AIDS Education

    BY: Peter Denno, Mark Bresee

    The California Legislature recently made significant changes to the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Education Code § 51930 et seq.).  Under Assembly Bill 329 (Weber), which was signed into law by Governor Brown on October 1, 2015, the Act will be renamed the “California Healthy Youth Act” when it takes effect on […] more

  9. October 26, 2015

    City’s Legislative Body Has No Protectable Copyright Interest in Video Recordings of Public Meetings

    BY: Cathie Fields, Lisa Allred

    Meetings of school boards, city councils, county boards of supervisors, community college boards and other “legislative bodies” are open to the public, with minor exceptions, under the Ralph M. Brown Act. Members of the public have access to these meetings and may use them as a forum to criticize the work of the legislative bodies. […] more

  10. October 21, 2015

    Failure to Enforce a Proper Litigation Hold for Text Messages Can Be Costly

    BY: Scott J. Sachs, Lisa Allred, Cathie Fields

    As the business world becomes more digital and mobile, the swords and shields used in litigation often take the form of electronically stored information. We frequently advise clients and remind opposing counsel to preserve all documents, including electronically stored information, when they reasonably know that litigation might ensue or as soon a potential claim is […] more