Congress takes aim at litigation reform. On February 15, 2018, the House of Representatives, in a largely partisan vote, passed the ADA Education and Reform Act (H.R. 620), intended to curb vexatious and predatory litigation practices against property owners and small businesses over technical violations of the Americans with Disabilities Act (“ADA”). read more.
California's proposed response to the reduced "SALT" federal income tax deduction. read more.
Assembly Bill 1278 prevents "dead beat" contractors from staring new companies but may pose unintended consequences for former personnel. read more.
Effective January 1, 2018, brokers that desire to grant their agents or employees access to trust accounts will now be permitted to obtain insurance coverage in lieu of a fidelity bond. read more.
January 2018 by Daniel Nevis
With recently passed "Tax Cuts and Jobs Act" of 2017, 529 savings plans now cover elementary and secondary school tuition, and school-related expenses. Each beneficiary under a 529 plan would be allowed to receive up to $10,000 per year in tax-free distributions to cover such expenses. read more.
January 2018 by Daniel Nevis
An S-Corp and an LLC both offer liability protection, the opportunity to be taxed as a partnership, and are fairly friendly when it comes to adding new partners or growing your business. An S-Corp is subject to the same tax rules as a C-Corp when it comes to the transfer of property which may pose potentially dramatic financial consequences. read more.
Effective January 1, 2018, general contractors on all private projects in California can be held directly liable for: (1) wage and hour claims, and (2) union trust fund claims brought by the employees and labor unions of their subcontractors, of all tiers. Further, while the new law authorizes general contractors to demand payroll records from their subcontractors (and to withhold payment if the subcontractors fail to comply with the requests), there is no safe-harbor for general contractors if the subcontractor refuses to provide the payroll records or if the payroll records provided are inaccurate. read more.
The 2017 legislative session has come to an end and Governor Brown has signed into law a number of significant labor and employment related bills that will soon impact California’s workplaces. Three key laws will be taking effect on January 1, 2018. read more.
Law360, New York (September 19, 2016, 11:57 AM EDT) – This past August, state legislators passed Senate Bill 1413, authorizing school districts to establish programs aimed at helping teachers and school district employees secure affordable housing. Authored by state Senator Mark Leno, whose district includes San Francisco, the purpose of SB 1413, known as the “Teacher Housing Act of 2016,” is to “facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and school district employees to allow teachers or school district employees to access and maintain housing stability.” SB 1413 does so by permitting school districts to build rental housing on district-owned property and restricting occupancy in these projects to teachers and school district employees. The bill, supported by teachers’ organizations, the California Apartment Association, and the Non-Profit Housing Association of Northern California, easily passed both the state Senate and Assembly and is now with Governor Jerry Brown for approval. read more.
Update to California's Prevailing Wage Laws: AB219 Fixes the Loophole for Ready-Mixed Concrete Drivers
California’s prevailing wage laws were established to “level the playing field” when bidding on a public works project. In general, public works means construction, installation, demolition, alteration or repair work performed under a contract partially or completely paid out of public funds. This includes pre and post-construction work pertaining to the public works project (See California Labor Code §1720). All bidders on a public works project must use the same wage rates (as determined by the California Department of Industrial Relations), creating certainty that a contractor will not be awarded a public works contract based on paying lower wage rates than a competitor. Moreover, California law requires that all workers employed on a public works project are paid no less than the general prevailing rate of per diem wages. read more.
July 2016 by Miller Morton
NEWPORT BEACH, Calif. – July 2016 – Miller, Morton, Caillat & Nevis, LLP is pleased to announce that litigation attorney Rosanna Moreno has been nominated by the Public Law Center (PLC) to receive the State Bar of California’s Wiley W. Manuel Certificate for Pro Bono Legal Services for her continued pro bono efforts on behalf of Orange County’s low-income residents in need. Moreno is a volunteer attorney with the Orange County PLC’s “Operation Veterans Re-Entry” program. read more.
June 2016 by David Kornbluh
Law360, New York (June 21, 2016, 11:59 AM ET) -- This month the California State Assembly approved Assembly Bill 1676, continuing efforts to close the wage gap between men and women. Introduced by Assemblywoman Nora Campos, this bill is essentially a redux of AB 1017 that would have prohibited asking job applicants about their salary histories. The bill passed through both the state House and the Senate last year before being vetoed by Gov. Jerry Brown. read more.
Law360, New York (June 16, 2016, 10:52 AM ET) -- David I. Kornbluh is the managing partner of Miller Morton Caillat & Nevis LLP, a firm founded in 1929 with offices in San Jose and Newport Beach, California. Kornbluh has more than 20 years of business litigation and trial experience with a primary emphasis on employment and business disputes. He regularly represents clients throughout California facing allegations of age, race, gender and disability discrimination; sexual harassment; wrongful termination; wage and hour violations; and unfair business practices. His practice also includes representing clients in business, partnership, landlord-tenant, real estate and Americans with Disabilities Act litigation. read more.
April 2016 by Miller Morton
Law360, New York (April 7, 2016, 2:17 PM ET) -- Peter V. Dessau is a partner at Miller Morton Caillat & Nevis LLP, a firm founded in 1929 with offices in San Jose and Newport Beach, California. Dessau’s more than 26 year practice focuses on construction law, with an emphasis on litigation involving construction claims, defects and other related issues. He represents developers, builders, design professionals and contractors in payment disputes, and defends and prosecutes delay and impact claims against private owners, contractors and public entities throughout California. read more.
Miller Morton Selected for University of California’s Construction Law Panel; Joins Short List of Legal Providers for Statewide System
April 2016 by Miller Morton
SAN JOSE, Calif. – Apr. 5, 2016 – Miller, Morton, Caillat & Nevis, LLP is honored to join the University of California’s (UC) Construction Law Panel. Comprised of a select few preapproved law firms, the exclusive panel is made up of the go to attorneys for the UC system statewide to provide expertise on construction legal matters. read more.
Miller Morton Elects Stephanie Rocha to Partnership; Bolsters Litigation Team With Addition of Three Associates
March 2016 by Miller Morton
SAN JOSE, Calif. – Mar. 15, 2016 – Miller, Morton, Caillat & Nevis, LLP announces that litigation attorney Stephanie M. Rocha has been elevated to partner. Previously an associate at the firm, Rocha is a member of the Construction, Real Estate and Business practice areas. Miller Morton also welcomes three new litigation associates, M. Jonathan Robb, Victoria K. Loomis and Roxana M. Cremene, to its San Jose office. read more.
January 2016 by Miller Morton
On January 1, 2016, the California minimum wage rate increased to $10.00 an hour. This new wage rate also affects the minimum monthly salary for exempt executive, administrative and professional employees, which now must be no less than two times the state minimum wage for full-time employment - $3,466.67 per month. read more.
Miller Morton Obtains Full Dismissal In Unfair Business Practices Suit; Final Judgment Awards Client $2.8 Million On Cross-Complaint
November 2015 by Miller Morton
SAN JOSE, Calif. – Nov. 9, 2015 – Miller, Morton, Caillat & Nevis, LLP obtained final judgment, including judgment on all claims against its clients and damage awards on cross-complaint claims of $2.8 million, in Valentine Capital Asset Management, Inc. v. Concert Global, Inc., et. al (No. 112CV219304). read more.
September 2015 by Miller Morton
David Kornbluh and Stephanie Rocha obtained a favorable jury verdict in Alameda County in favor of their clients in a Breach of a Commercial Lease dispute. read more.
August 2015 by Miller Morton
August, 2015 - Partner Peter Kline gives insight on how buying and leasing activity by tech company giants can be different than those a real estate attorney might be used to. read more.
July 2015 by Eric McAllister
July, 2015 - Article by Partner Eric McAllister featured in the July issue of Construction Executive. read more.
Partner Daniel Nevis and Associate Carrie MacIntosh give overview of the American with Disabilities Act (ADA) in the June issue of Western Real Estate Business. read more.
June 2015 by David Kornbluh
New California paid sick leave law becomes effective July 1, 2015. read more.
May 2015 by Peter Dessau
In an article published in Law360 by Andrew McIntyre, Partner Peter Dessau asked to comment on the obstacles faced by foreign investors in U.S. real estate. read more.
May 2015 by Justine Kastan
May 19, 2015 - Associate Justine Kastan presented to the Hispanic satellite of the Silicon Valley Small Business Development Center on construction bonding and insurance. read more.
Construction Partner Eric McAllister Provides Guidance for General Counsel on Insuring Construction Projects
May 2015 by Eric McAllister
Read Eric’s article, published on InsideCounsel, here. read more.
Peter and Eric contributed their expertise on the due diligence process potential apartment buyers should undertake before making a purchase. read more.
Partners Peter Dessau and Eric McAllister Write for Multifamily Executive on Due Diligence in Apartment Acquisitions
Peter and Eric’s article on the due diligence process potential apartment buyers should undertake before making a purchase was published in the January 2015 issue of Multifamily Executive, read more.
December 2014 by Eric McAllister
Read Eric’s article from the Winter 2014 issue of Development magazine here. read more.
Frank and Carrie contributed their business and employment law expertise in an article for Corporate Counsel on utilizing retention and read more.
Construction Attorneys Greg Korbel and Stephanie Rocha Provide Legal Update to California Constructor
Click here to read Greg and Stephanie’s article from the November/December 2014 issue of the Associated General Contractor’s of California publication, California Constructor. read more.
Managing Partner David Kornbluh Writes on CA's New Mandatory Sick Leave Law for the National Law Journal
November 2014 by David Kornbluh
In his article for the National Law Journal David explains the new sick leave legislation, read more.
November 2014 by Frank Perretta
Frank contributed his commentary to an article on Law360 exploring attorney success stories and tips in using sanctions motions. Frank said, read more.
September 2014 by Peter Kline
Peter was recently featured in a Q&A on Law360, highlighting his significant experience and expertise in complex commercial real estate transactions. read more.
Greg and Rosanna contributed an article on the recent Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP case, read more.
Bill and Corey contributed their insights on Assembly Bill 1336, which extends the period for enforcement of prevailing wage statutes in regard to public works. read more.
- Recent Changes to the Americans with Disabilities Act: Congress Takes Aim at Litigation Reform
- Recharacterizing State Tax Payments as Charitable Contributions
- Assembly Bill 1278 Prevents "Dead Beat" Contractors from Starting New Companies
- New California Law Affords Brokers Greater Flexibility in Managing Client Trust Accounts
- 2018 American Arbitration Association Construction Conference
- New Tax Law Expands Use of 529 Plans for Elementary and Secondary Schools
- Choosing Between an S-Corp and LLC?
- New CA Law Imposes Direct Liability on Contractors For Wage Claims By Subcontractor's Employees
- Labor and Employment Bills AB 168, 450, and 1008: What Employers Need to Know
- Miller Morton a Proud Sponsor of the Housing Industry Foundation's 2017 Fundraising Campaign "Kicking Out Homelessness Kickball Tournament"