123 Corporate Counsel articles


Bill would rollback regulatory transparency and oversight for Cal/OSHA
 April 21, 2017

SB 772 by Senator Connie Leyva (D-Chino) is scheduled for hearing by the Senate Labor and Industrial Relations Committee at 9:30 am on April 26. The bill would exempt the Division of Occupational Safety and Health (DOSH, otherwise known as ...
Copay coupon ban bill up for hearing
 April 7, 2017

AB 265, by Assembly Member Jim Wood (D-Healdsburg) which prohibits pharmaceutical manufacturers from offering Californians “any discount, rebate, product voucher, or other reduction” in their copayment, deductible, or other ...
Bill would open Court settlements, with slight exception
 March 31, 2017

AB 889 by Assembly Member Mark Stone (D-Scotts Valley) is scheduled for hearing by the Assembly Judiciary Committee on April 4th at 9:00am. The bill would prohibit a court from entering an order, approve approving a settlement agreement, ...
Bill would expand record subpoenas based on allegations
 March 19, 2017

AB 814, by Assembly Member Richard Bloom (D-Santa Monica), seeks to create a new and expansive power for the City Attorneys of California’s largest cities to subpoena entities and individuals to examine their records based on simple ...
CMTA-supported bill to create a healthier regulatory climate in California scheduled for hearing
 March 3, 2017

AB 12 by Assembly Member Ken Cooley (D-Rancho Cordova) has been scheduled for hearing on March 22nd at 9am by the Assembly Accountability and Administrative Review Committee. The bill requires all state agencies to review their respective ...
Autonomous vehicle insurance issues
 Feb. 24, 2017

On March 8, the Senate Insurance Committee, chaired by Senator Tony Mendoza (D-Artesia), will be holding an oversight hearing discussing “Autonomous Vehicles and Auto Insurance in California: How Will Consumers Be Protected.” This ...
Assembly hears about drug costs for public and private payers
 Feb. 17, 2017

The Assembly Committee on Health, chaired by Assembly Member Jim Wood (D-Healdsburg), held the second of its series of hearings, titled the “Impact of Rising Drug Costs on Public and Private Payers.” The meeting is a follow up to the ...
Little Hoover Commission to discuss agency permitting process for public projects
 Feb. 10, 2017

The Little Hoover Commission will convene on February 23 to discuss how the state’s permitting process can lead to delays of months to years on public projects. The Commission is responding to feedback that the lengthy permitting process ...
Bill to impose penalties on pharmaceutical manufacturers introduced
 Feb. 2, 2017

The increased anxiety over health care in our current political climate has led to increased scrutiny over the pricing of prescription drugs at the legislature. On January 31, Assembly Member Jim Wood (D-Healdsburg) introduced AB 265, which ...
Technology transfer agreements topic of special hearing
 Jan. 27, 2017

The Assembly Revenue & Tax Committee will hold its first hearing on Monday, January 30, discussing “Life After Lucent:  Administering California's Technology Transfer Agreement Law.” California manufacturers should ...
Bill limits arbitration agreements
 Jan. 20, 2017

SB 33 (Bill Dodd, D-Napa) recently introduced, is generating buzz now that it has moved into consideration by both the Senate Judiciary and Appropriation Committees. The bill bans contract clauses that require arbitration in disputes that ...
Gender based pricing bill fails in Assembly judiciary
 July 1, 2016

SB 899 by Senator Ben Hueso (D-Chula Vista) failed in the Assembly Judiciary Committee this week without a vote. The author decided to “pull” the measure off the file right before the committee began. The bill was brought forth the ...
Key manufacturing drone bill stalls in Assembly privacy committee
 June 24, 2016

On Tuesday, June 21st, the Assembly Privacy and Consumer Protection Committee voted down a “Key Manufacturing Vote” bill by Senator Hannah-Beth Jackson (D-Santa Barbara) that would have created the first State Remote Piloted Aircraft ...
Senate committee passes bill to expose utility customer data
 June 17, 2016

The Senate Judiciary Committee passed AB 1520 last week, a bill that will expose the usage data of commercial, industrial and institutional customers of municipal utilities, like the Los Angeles Department of Water and Power, to requests for ...
Labeling “Made in the USA”
 June 10, 2016

Last year, Governor Jerry Brown signed SB 633, by Senator Jerry Hill (D-San Mateo), a bill that provides California manufacturers with limited flexibility in using the “Made in USA” label on products manufactured and sold in California. ...
Climate science lawsuit bill goes from bad to worse
 May 13, 2016

SB 1161 by Senator Ben Allen (D-Santa Monica) exposes companies who have made claims regarding climate science at any point in their history to lawsuits brought by the Attorney General or a district attorney in a four-year 'revival' ...
Environmental lawsuit expansion bill stalls in Assembly
 May 6, 2016

AB 2748 by Assemblymember Mike Gatto failed passage on the Assembly Floor late this week after amendments earlier in the week dramatically expanded the scope of the bill. The bill fell 11 votes short of passage with only 30 votes. The bill ...
Labeling “Made in USA” and “Made in California”
 April 29, 2016

Earlier this week, the Assembly Judiciary Committee heard AB 2827 by Assemblymember Marc Levine (D-San Rafael) that provides California companies an opportunity to remedy minor labeling discrepancies for the “Made in California” and ...
California drone regulations
 April 22, 2016

Lawmakers in California's State Legislature are knocking at the door again to regulate the use of unmanned aircraft vehicles, also known as drones. Several legislators are taking small bites at the apple, unlike legislation by Senator Hannah ...
Controversial Smartphone decryption bill defeated
 April 15, 2016

On Tuesday, April 12th, the Assembly Privacy and Consumer Protection Committee faced a controversial bill that debated public safety and consumer privacy protection. The bill was brought to fruition after the tragic San Bernardino attack in December ...
Assembly Privacy and Consumer Protection to hold its first policy committee of 2016
 April 1, 2016

The Assembly Privacy and Consumer Protection Committee is gearing up for it first policy committee hearing next Tuesday, April 5th. The event welcomes the new committee Chair, Assemblymember Ed Chau (D-Monterey Park). There are 12 bills on the list ...
Legislature rejects drug pricing disclosure bill for second time
 Jan. 15, 2016

AB 463 was effectively rejected for the second time by the Assembly Health Committee when Assemblymember David Chiu (D-San Francisco) withdrew the bill before it came up for a vote, a clear signal that he did not have the votes to get the bill ...
Assembly moves to prohibit pre-dispute arbitration agreements
 May 15, 2015

If you include arbitration agreements in your terms of employment, the State Assembly has deemed them “involuntary, unconscionable, against public policy and unenforceable” by voting to approve AB 465 by Assembly Member Roger Hernandez ...
The Legislature Talks Privacy
 Feb. 27, 2015

Privacy took center stage at the Capitol this week with the inaugural meeting of the newly-formed Assembly Privacy and Consumer Protection Committee followed by the announcement of a bi-partisan bill package aimed at enhancing individual and ...
State follows private sector on Dept. of Transportation purchases
 Sept. 18, 2014

One bill that received little public attention, but substantial CMTA support, this year is AB 1857. The bill allows for the “best value” in construction vehicle purchases made by the California Department of Transportation. Translation: ...
Bill to expand product liability lawsuits
 June 13, 2014

SB 1188 (Hanna-Beth Jackson, D-Santa Barbara) would allow a person to sue, for any alleged problem with a product, even if the warranty expired many years prior. The bill’s new theory of liability would drastically change the landscape of ...
Update on disclosing supply-chain policies under California law
 May 9, 2014

Are you on the list of companies required to disclose your supply chain policies on the company website? If so, you may soon be receiving a letter from the Attorney General of California (AG) reminding you of your obligation to comply with SB 567 ...
Battle over data privacy moves to vehicles
 April 4, 2014

The ever-evolving capabilities of modern digital technologies have created a revolution in onboard computing in automobiles, allowing for data generation, multifaceted navigational programs and diagnostic sensors that can relay performance ...
Privacy initiative filed
 Aug. 15, 2013

Former State Senator Steve Peace filed a ballot measure with the California Attorney General to enhance privacy rights and increase legal exposure for failures to protect consumer information.The initiative would amend the California constitution by ...
'Made in USA' bills: one moves, one stops
 May 9, 2013

CMTA supports SB 661 (Jerry Hill, D-San Mateo) and AB 890 (Brian Jones, R-Santee) to allow manufacturers to label their products “Made in the USA” in circumstances when less than 100 percent of the content is sourced in the U.S. The ...
'Made in California' label bill placed on suspense
 May 9, 2013

A measure proposing a new statewide marketing program focused on promoting products manufactured in California received renewed attention this week following its placement on the Senate Appropriations Committee suspense file. The bill, SB 12 ...
Class action appeal collapses
 May 3, 2013

A bill to bring fairness to California class actions by giving the defendant the right to appeal the class certification decision, SB 737 (Bob Huff, R-Diamond Bar), failed along party-line votes this week (Dems nay and Reps yay).CMTA was supporting ...
Budget trailer bill addresses business filing backlog
 March 22, 2013

Legislation crafted to address mounting criticisms over the state's historic backlog of unprocessed business filings recently passed the Assembly and is expected to garner Senate approval quickly. AB 113, authored by the Assembly Budget ...
Limiting attorneys' fees at BOE and FTB
 March 22, 2013

A proposed budget trailer bill would limit the award of attorneys’ fees when certain suits are brought before the Board of Equalization (BOE) and the Franchise Tax Board (FTB). The proposal was heard this week in both the Assembly and Senate ...
California business legal climate ranked 4th worst in nation
 Sept. 14, 2012

A new report has been released evaluating how businesses perceive each state’s tort liability system. The report, conducted by the U.S. Chamber of Commerce Institute for Legal Reform, based its rankings on results from an annual nationwide ...
Bill supporting 'troops and trucks' moves through Senate
 Aug. 3, 2012

In an effort to pair skilled experience with need, Assemblymember Bob Blumenfield (D-Los Angeles) has introduced a bill to create immediate employment opportunities in the commercial truck driving industry for qualified military veterans. AB 2659, a ...
SB 1161 approved by Senate with overwhelming support
 June 1, 2012

A measure to preserve California’s current policy regarding the oversight of Internet and Internet-based services passed out of the State Senate this week on a 30-6 vote. SB 1161 by Senator Alex Padilla (D-Pacoima) will provide the regulatory ...
Bill protecting employers who rely in good faith on government advice fails passage
 May 11, 2012

SB 1374 (Tom Harman, R-Huntington Beach), which would have provided employers an affirmative defense when relying in good faith on state government advice regarding compliance with its laws and regulations, failed passage this week in the Senate ...
Bill would preserve internet-based services
 March 2, 2012

SB 1161 by Senator Alex Padilla (D-Pacoima) reaffirms California’s commitment to foster investment and innovation in the internet and further widespread availability of Internet-based services. Consumer demand for voice, video and data ...
Pirated technology targeted by AB 473
 April 21, 2011

A bill to address the serious problem of pirated technology is put forward in AB 473 (Charles Calderon, D-Whittier).  It allows lawsuits against manufacturers and retailers who may be the unwitting recipients of the “benefits” of ...
California back at forefront of online privacy debate
 April 15, 2011

The California State Legislature is considering a law that would give consumers more control over how their online behavior is tracked and shared with marketers and retailers. An amendment added this week to a business practices bill, SB 761 (Alan ...
Bill allows defendants appeal of class action certification
 March 11, 2011

Assemblyman Brian Nestande (R-Palm Desert) has introduced AB 271 to allow a defendant to appeal from an order granting class action certification. Current state law regarding class certification is one-sided. In class action lawsuits, the important ...
Truth and consequences at CARB
 Dec. 10, 2010

The California Air Resources Board (CARB) has proposed a new regulation that would prohibit – and impose penalties – on any person who makes a dishonest or false statement to the CARB Board or staff. A workshop was scheduled for early ...
Bill to curb corporations political activities fails vote
 June 18, 2010

On June 16th of this week, the Senate Banking, Finance and Insurance Committee failed to pass of a bill aimed at curbing corporate involvement in the political process. The bill, AB 919, authored by Assemblymember Pedro Nava (D-Santa Barbara) would ...
Tort reform bills fail Assembly committee
 May 14, 2010

Last week, two tort reform bills failed to pass the Assembly Judiciary Committees despite the fact that the measures were a part of a tort reform bill package supported by Governor Arnold Schwarzenegger. AB 2588 (Audra Strickland, R-Camarillo) would ...
Use of consumer credit reports
 Sept. 25, 2009

A bill that would prohibit the use of consumer credit reports when hiring now sits on the Governor’s desk for review.  If signed, AB 943 (Tony Mendoza, D-Artesia) would restrict employers from using legitimate information related to ...
Tracking retail sales of pseudoephedrine
 Aug. 28, 2009

CMTA supports a bill, AB 1455 (Jerry Hill, D-San Francisco) that will implement a statewide electronic tracking program in retail outlets to monitor all California over-the-counter pseudoephedrine purchases in "real-time." Retailers would ...
Bill increases costs of frivolous lawsuits
 June 6, 2008

Next week on June 10, the Assembly Judiciary Committee will consider SB 1113 (Carole Migden, D-San Francisco) which, if successful, would authorize a court to award attorneys’ fees and costs (including non-statutory costs and expert witness ...
Americans with Disability Act reforms
 May 15, 2008

On May 19th, the Senate Appropriations Committee will consider SB 1608 (Ellen Corbett, D-San Leandro), a bipartisan comprehensive reform measure designed to promote and increase compliance with state and federal civil rights laws providing for equal ...
Corporate climate change disclosure
 May 2, 2008

On May 5th, the Senate Appropriations Committee will consider SB 1550 (Dean Florez, D-Shafter), which would establish a disclosure standard for use by publicly held companies doing business in California that addresses "climate change" ...
Punitive damage reform bill fails
 Jan. 18, 2008

Senator Tom Harman (R-Orange) has been an advocate for sensible legal reform in California for years.  This session he introduced SB 423 to help control the punitive damage system. During the Senate Judiciary Committee hearing on the bill this ...
CMTA-opposed rebate bill vetoed
 Oct. 19, 2007

Governor Arnold Schwarzenegger vetoed AB 1673 (Mike Feuer, D-Los Angeles), a bill that would have required a California retail seller advertising the net price of items that are eligible for a rebate, to offer that net price immediately at the point ...
CMTA pushing for veto for rebate mandate bill
 Oct. 4, 2007

On September 28th, CMTA led a coalition of opponents in a meeting with the Governor's staff to argue for a veto of AB 1673 (Mike Feuer, D-Los Angeles), which mandates that certain manufacturer's rebates be treated as on-the-spot cash reductions for ...
Expanded employer liability bill shelved
 Sept. 14, 2007

AB 437 (Dave Jones, D-Sacramento) to effectively eliminate the statute of limitation for lawsuits under the Fair Employment and Housing Act (FEHA) and the labor code did not make it over its last hurdle to reach the Governor. If enacted, AB 437 ...
Class action reform initiative pulled
 Aug. 31, 2007

Last month an initiative to help curb the filing of frivolous class action lawsuits was submitted to the state Attorney General's office for title and summary, the first step in getting the initiative ready for the June 2008 statewide ballot. ...
New employer liability bill emerges
 Aug. 17, 2007

Days before the Assembly adjourned for their summer recess, Assemblymember Dave Jones (D- Sacramento) amended his AB 437, which now effectively eliminates the statutes of limitation for lawsuits under the Fair Employment and Housing Act (FEHA) and ...
Senate committee approves rebate bill
 June 29, 2007

The Senate Judiciary Committee approved AB 1673 (Mike Feuer, D-Los Angeles) to mandate that certain manufacturer's rebates be treated as on-the-spot cash reductions for products, rather than the traditional system which offers a consumer a price ...
Rebates equal instant cash bill moves to sen
 June 8, 2007

AB 1673 (Mike Feuer, D-Los Angeles) would mandate that certain manufacturers' rebates be treated as on-the-spot cash reductions for products, rather than the traditional system which offers a consumer a price reduction in exchange for meeting some ...
Bill targets private use of RFID tags
 May 18, 2007

SB 388 (Ellen Corbett, D-San Leandro) requires any private entity that issues anything containing a radio frequency identification (RFID) tag to disclose what information can be scanned from the tag, security measures used by the card to safeguard ...
Shareholder distribution ban advances
 May 4, 2007

This week the Assembly Banking and Finance committee approved AB 251 (Mark DeSaulnier, D-Martinez) that would prohibit any corporation or any of its subsidiaries from making a distribution to the corporation's shareholders if they have an ...
Class action lawsuit reform bill introduced
 April 13, 2007

AB 1505 (Nicole Parra, D-Hanford) was amended this week with substantive language regarding class action reform in California. According to the findings section of the bill, the lack of clear standards for the certification and management of class ...
Further restrictions on social security numbers
 March 9, 2007

Assemblyman Ira Ruskin (D-Los Altos) has introduced AB 703 that would restrict the use of an individual’s social security account number (SSAN) by businesses as identification except where required by federal or state law.   Current ...
Bill to restrict shareholder distribution resurfaces
 Feb. 8, 2007

AB 251 (Mark DeSaulnier, D-Concord) would prohibit any  corporation or any of its subsidiaries from making a  distribution to the corporation's shareholders if they have an outstanding pension obligation to employees. The current language ...
Radio frequency identification technology targeted, again
 Jan. 25, 2007

Senator Joe Simitian (D-Palo Alto) has introduced a new package of bills aimed at either banning or statutorily regulating the use of the technology known as "Radio Frequency Identification" (RFID). RFID is being implemented worldwide due ...
AG's bounty hunter bill fails
 Aug. 18, 2006

A bill by Senator Denise Moreno Ducheny (D-San Diego), SB 1489, that could have forced companies that are sued by the Attorney General (AG) to pay all costs of investigations, expert witnesses and attorney's fees whenever the AG "prevails" failed ...
Bill would force change to corporate board governance
 July 21, 2006

SB 1207 (Richard Alarcon, D-Sun Valley), co-sponsored by the California Public Employees Retirement System and the State Teachers Retirement System, seeks to dictate the manner in which California-based corporations hold Board of Director elections. ...
Assembly Speaker pushing expansive price cap bill
 July 14, 2006

AB 457 (Fabian Nunez, D-Los Angeles) is a newly amended bill that expands price control laws, criminal liability, and unfair competition liability to apply when a state of emergency exists and/or when there is an "abnormal market disruption."The ...
Mixed results for Corporate Counsel bills
 June 30, 2006

Two bad corporate counsel bills were stopped this week, while two others moved out of committee:  AB 2122 (Johan Klehs) failed passage in the Senate Banking and Insurance, fortunately. It prohibits any California corporation or any of its ...
Shareholder consent bill advances
 April 28, 2006

Efforts to ban corporate political activity without shareholder consent gained momentum as SB 1354 (Joseph Dunn, D-Santa Ana) was approved by the Senate Elections, Reapportionment and Constitutional Amendments Committee on April 24th. The bill ...
New Bill Restricts Shareholder Distributions
 April 21, 2006

AB 2122 by Johan Klehs (D – San Leandro)  would prohibit any California corporation or any of its subsidiaries from making a distribution to the corporation's shareholders if they have an outstanding pension obligation to employees. ...
Corporate contribution restriction bill fails
 April 7, 2006

Another bill by Senator Dunn, SB 1354, would target corporate political activity by entitling any objecting shareholder to a payment from the corporation, after the fact, of the part of the contribution equal to their proportional share of the value ...
"Corporate Accountability" bills pushed by Assemblyman Klehs
 March 23, 2006

Assemblymember Johan Klehs (D-San Leandro), candidate for the 10th Senate District, announced his "Corporate Accountability Legislative Package" earlier this week indicating the 4-bill package is necessary "to help address the absence of corporate ...
Product Liability: New Efforts To Establish "Government Standards Defense"
 March 17, 2006

Manufacturers whose products meet government standards should be pleased with two efforts underway to limit punitive damage claims. SB 1429 (Morrow) would establish a "government standards defense"  against punitive damage claims related to ...
Consumer rebate bill is back
 March 10, 2006

Senator Liz Figueroa (D-Sunol) has introduced SB 1737 to regulate manufacturers' and retailers' rebates to consumers. The provisions are exactly the same as those embodied in SB 1154, (also by Figueroa, 2004) which were opposed by CMTA and vetoed by ...
New bill targets corporate political activity
 Feb. 24, 2006

SB 1354 (Dunn D- Santa Ana) seeks to amend the Political Reform Act of 1974 by requiring a corporation involved in making political contributions or expenditures supporting or opposing California candidates, political parties, and political causes ...
California fax ban bill halted by Judge
 Jan. 27, 2006

Earlier this week, a federal judge renewed his earlier order delaying implementation of California's fax ban law.  SB 833 (Debra Bowen, D-Marina del Rey), passed by the legislature and signed by the Governor in 2005, intended to halt "junk ...
Governor signs fax ban bill
 Oct. 14, 2005

SB 833 (Debra Bowen, D-Marina del Rey) intends to halt "junk faxes" by banning unsolicited advertisements via fax machines, unless prior permission is granted by the receiver.  A violation would allow people and businesses who receive such ...
Governor vetoes corporate counsel bill
 Oct. 14, 2005

The Governor vetoed AB 153 (Committee on Budget) which would have required a court to award the Attorney General and the Commissioner of Corporations the costs of investigation, expert witness fees, and attorney fees when the plaintiff prevails in ...
Law requiring union neutrality struck down again
 Oct. 14, 2005

But funding needed for more legal filings A federal court on September 7 struck down a major pro-labor law that barred California employers from using money from state grants and contracts for fighting off union organizing campaigns. CMTA ...
Governor vetoes outsourcing questionnaire mandate
 Sept. 30, 2005

Governor Arnold Schwarzenegger has vetoed AB 524 (Wilma Chan, D-Oakland) which would have required all prospective bidders to the Department of General Services to complete a standard questionnaire, including a complete statement on any or all ...
RFID bill back 11th hour gut & amend
 Sept. 2, 2005

SB 682 (Joe Simitian, D-Palo Alto) which would have put a three-year ban on the use of Radio Frequency Identification (RFID) for certain government functions was previously held in the Assembly Appropriations Committee, effectively killing the ...
RFID ban held in Assembly Appropriations Committee
 Aug. 26, 2005

SB 652 (Joe Simitian, D-Palo Alto) which would have put a 3-year ban on the use of Radio Frequency Identification (RFID) for certain government functions was held in the Assembly Appropriations committee, effectively making it a 2-year bill. ...
Formal review process for office of administrative law
 Aug. 19, 2005

In 1982, statutory enactments under the Administrative Procedures Act (APA) permitted the Office of Administrative Law (OAL) to begin issuing determinations on whether an agency rule or guideline was an underground regulation.  An "underground ...
CMTA opposed RFID ban bill faces crucial hearing
 Aug. 12, 2005

SB 652 by Senator Joe Simitian (D – Palo Alto) proposes to ban the use of Radio Frequency Identification (RFID) with respect to government functions.  Technologies such as RFID are being implemented worldwide, due to their ability to help ...
Private Right to Contract At Risk For Equip. Manufacturers
 July 8, 2005

AB 585 (Gloria Negrete McLeod, D-Chino) would rewrite existing rules governing the business relationship between equipment manufacturers and dealers. The bill takes the current balanced statute, carefully negotiated a dozen years ago, and radically ...
Mandatory Info Security Breach Notice Fails in Committee
 July 1, 2005

SB 852 (Debra Bowen, D-Marina Del Rey) would have mandated that businesses send out a breach notice if they had any reason to believe that an unauthorized person had acquired any paper-based "personal information" on an individual. The ...
Paper Based Security Breach Bill Advances
 June 22, 2005

SB 852 (Debra Bowen, D-Marina Del Rey) expands the state’s existing computer breach law to non-computerized information on paper.  Existing law requires businesses and most state government agencies that have a computerized breach to ...
Business-to-business fax restriction bill moving swiftly
 June 9, 2005

SB 833 (Debra Bowen, D-Marina del Rey) intends to halt "junk faxes" by banning unsolicited advertisements via fax machines, unless prior permission is granted by the receiver.  "Unsolicited advertisement" means any material advertising the ...
Assaults on Proposition 64 & Confidential Settlements Stalled
 June 3, 2005

A flurry of activity took place this week to get all bills (other than tax levies) out of their house of origin to meet today’s deadline of June 3rd. CMTA is pleased to announce that two of the worst civil justice bills of the last decade ...
Assembly Committee approves attack on Confidential Settlements
 May 6, 2005

The Assembly Committee on Judiciary approved AB 1700 (Fran Pavley, D-Agoura Hills) which is one of the most important and harmful civil justice bills of the last decade.  It's another attempt to prohibit confidential settlements and protective ...
CMTA Seeks Feedback on Song Beverly Warranty Act
 March 25, 2005

"California’s Song Beverly Warranty Act" may need to be revised due to recent technological advancements. CMTA would like to know if this is an issue that concerns you. The Act states that every manufacturer making an express warranty on ...
Another Old Friend is Reincarnated: Prohibition on Confidential Settlements
 Feb. 25, 2005

Proving that no bill is every really dead, one of the most important and harmful civil justice bills of the last decade is back. Assemblywoman Fran Pavley (D-Agoura Hills) introduced AB 1700, sponsored by the Consumer Federation of California. It's ...
Voters Close Loophole Allowing Shakedown Lawsuits
 Nov. 4, 2004

In a huge victory for small and large manufacturers, California voters approved Proposition 64 which closes a legal loophole in California law that has allowed personal injury attorneys fees from California businesses even when no one has been ...
Corporate Counsel Bills Vetoed
 Oct. 1, 2004

Late Thursday afternoon, September 30th, Governor Schwarzenegger completed the task of signing and vetoing the final batch of 844 bills sent to him during the final weeks of session. He signed 571 of the bills and vetoed 273. SB 1154 (Liz Figueroa, ...
Gov. Urged to Veto Restrictions on Rebates
 Sept. 10, 2004

SB 1154 (Liz Figueroa, D-Fremont) regulates manufacturers' and retailers' rebates to consumers. The bill weakens proof of purchase standards, mandates timelines for consumers submitting their rebate requests and short timelines for manufacturers ...
Gov. Urged to Veto Outsourcing Bans and Restrictions
 Sept. 10, 2004

AB 1829 (Carol Liu, D-La Canada Flintridge) prohibits a state agency or local government from contracting for services unless the contractor or subcontractor certifies that the service will be performed solely with workers within the United States. ...
Corporate Property Penalty Bill Defeated
 Sept. 3, 2004

SB 17 (Martha Escutia, D-Whittier) would have imposed new reporting requirements for publicly traded companies that undergo a change of ownership. It also would have imposed new and substantial penalties for filing violations. Due to successful ...
Change of Ownership Reporting Requirement & Penalty Bill Resurfaces
 Aug. 20, 2004

SB 17 (Martha Escutia, D-Whittier) imposes new reporting requirements for publicly traded companies that undergo a change of ownership and imposes new and substantial penalties for filing violations. Due to successful lobbying efforts by opponents, ...
Bans on Outsourcing Gain Momentum
 Aug. 13, 2004

The powerful Appropriations committees in both houses passed broad legislative proposals to severely limit the practice of outsourcing. AB 1829 (Liu, D-Pasadena) bans companies from having contracts with a state agency or local government unless ...
Corporate Counsel Bills Looking Ahead to August
 July 23, 2004

August is the final month of the current 2-year legislative session. It typically involves a series of hearings by the Appropriations committees of each house and during the last two weeks legislators typically spend almost all of their time on the ...
First In-Depth Regional Study Assesses Impact of Offshoring
 July 16, 2004

Legislative proposals in 37 states, including California, seek to ban or severely limit the practice of outsourcing (offshoring). But a recent study shows that efforts to prevent offshoring won’t be successful and are likely to come with ...
CMTA-Opposed Rebate Bill Amended
 June 18, 2004

SB 1154 (Liz Figueroa D-Fremont) would regulate manufacturers' and retailers' rebates to consumers. Some CMTA members believe it would reduce the number of rebates offered by companies to California consumers. Concerns have related to weak proof of ...
A Few Shareholders Could Gain Access to Proxies
 March 26, 2004

Assemblymember Judy Chu (D-Monterey Park) has introduced AB 2752, which would give shareholders more access to the proxies to elect directors. The bill requires public companies doing business in California to permit shareholder groups holding as ...
Unfair Competition Law Reform: The Sequel
 Feb. 20, 2004

AB 2369 (Lou Correa D-Santa Ana) would reform the state's Unfair Competition Law. CMTA has advocated that this law must be changed to require final adjudication for actual plaintiffs who have suffered real harm. While a number of Republican ...
Outsourcing Legislation in the Works
 Feb. 13, 2004

In what state legislators describe as a response to rising tension over the shift of American jobs to more competitive foreign lands, legislative efforts are beginning to surface regarding the ability to outsource. AB 1829 (Carol Liu D-La Canada ...
House of Origin Deadline Stops Many Onerous Corporate Council Proposals
 Jan. 30, 2004

The end of this week marks a legislative deadline requiring all bills to be out of their house of origin in order to be considered during the remainder of the 2003-2004 Legislative session. In the corporate counsel issues listed below, this ...
Tort Reformers Look to November 2004 Ballot
 Nov. 21, 2003

After years of inaction by the legislature to reform the state's chronically abused Unfair Competition Law (UCL), a coalition of tort reformers and business interests are seeking to qualify an initiative for the November 2004 ballot. Meanwhile, ...
Governor Davis Vetoes Arbitration Ban
 Oct. 17, 2003

On his final day to dispense with legislative proposals before him, Governor Gray Davis (D) vetoed AB 1715 (Assembly Judiciary Committee) that sought to prohibit pre-dispute arbitration agreements in employment contracts. CMTA opposed this measure ...
Schwarzenegger to Terminate Private Lawyer Abuses of State's Unfair Competition Law
 Oct. 10, 2003

Governor-elect Schwarzenegger has expressed interest in reforming the state's Unfair Competition Law. The UCL allows frivolous lawsuits and outrageous settlements that unfairly impact business and significantly increase the cost of goods and ...
CMTA Seeks Veto of Employment Contract Arbitration Ban
 Oct. 2, 2003

CMTA is requesting that Governor Davis veto this year's version of a bill seeking to ban mandatory arbitration with regard to employment contracts. AB 1715 (Assembly Judiciary Committee), much like SB 1538 (John Burton, D-San Francisco) that was ...
U.S. Senate to take up Class Action Reform
 Sept. 29, 2003

Over the next month, the U.S. Senate will consider The Class Action Fairness Act of 2003 (S. 274)a moderate solution to the lawsuit abuse that is clogging state courts, hindering product innovation, denying real benefits to harmed consumers, and ...
Corporate Counsel Wins, Losses and Draws for 2003
 Sept. 18, 2003

The year began with press attention on the abuses taking place under the state's Unfair Competition Law (UCL). UCL suits can be brought by private attorneys on behalf of the public, even when there are no easily identifiable damages. It was widely ...
Facing Likely Defeat; Trial Lawyer's Poised to Drop Efforts to Further Damage California's Unfair Competition Law
 Sept. 8, 2003

The CMTA-opposed legislative package to further expand the already abused Unfair Competition Law (UCL) appears ready for dramatic improvement. The highly controversial piece of this package dubbed as "reform" by sponsoring private attorney interest ...
Lawyers Continue Push For Expansion of Much Abused Unfair Competition Law
 Aug. 28, 2003

At the center of this storm is a section of the California Business and Professions code once considered a cornerstone to the states consumer protection laws. Section 17200 permits prosecutors and private attorneys to claim that a business is ...
Expansion of Securities Litigation Defeated on Senate Floor
 June 3, 2003

SB 766 (Dean Florez, D-Shafter), a bill that proposed to drastically expand the exposure of individual investors, persons serving on corporate boards, financial news reporters, accounting professionals, and others to frivolous litigation for alleged ...
Expansion of Securities Litigation Proposed
 May 16, 2003

SB 766 (Dean Florez, D-Shafter) may be voted on in the Senate May 20. The bill would expand liability for securities fraud by overturning two state court decisions that limit claims for securities fraud to those individuals who are market ...
Unfair Competition Law Reforms Killed by Assembly Majority
 May 9, 2003

The leadership of the State Assembly hastily decided to have a last minute hearing of the Judiciary Committee late Thursday afternoon, May 8th, in order to dispense with bill proposals aimed at improving California's often abused Unfair Competition ...
Feinstein Plays Critical Role in Advancing CMTA Supported Federal Class Action Reform
 April 20, 2003

The U.S. Senate Judiciary Committee recently approved a class action lawsuit reform bill sponsored by Senator Dianne Feinstein (D-Calif) and supported by CMTA. The bipartisan bill, approved on a 12-7 vote, would enable defendants to move many class ...
Senate Bill May Make California Home for Filing Securities Litigation Cases
 March 21, 2003

Senator Dean Florez (D-Shafter) has introduced SB 766 that greatly expands securities litigation against all publicly traded corporations, directors and officers of corporations, and accounting and financial service firms. The bill allows an ...
California Supreme Court Limits Monetary Relief Under California's Unfair Competition Law
 March 14, 2003

California's Unfair Competition Law (UCL) - Business and Professions Code 17200 et seq. - is probably the most troublesome civil law in California, if not the country. It often seems that under the UCL any person can sue any other person for any ...
CMTA Supports the Class ActionFairness Act, U.S. Senate Bill 274
 Feb. 21, 2003

At a time when American businesses can least afford it, the cost of U.S. civil justice system is growing at four times the rate of the nation's economy--a major result of skyrocketing increases in frivolous class action lawsuits. Frivolous lawsuits ...
Californians Against Legal Shakedowns: A Committee for Responsible 17200 Reform
 Jan. 24, 2003

CMTA has joined the invaluable and on-going efforts of the California Civil Justice Association (CJAC) to seek reasonable reforms to the state's unfair competition law. A newly formed committee will focus on keeping 17200 abuses in the spotlight and ...
CMTA Joins the California Coalition for Asbestos Litigation Reform
 Jan. 11, 2003

CMTA Joins the California Coalition for Asbestos Litigation Reform America?s system for filing and settling asbestos-related lawsuits is broken and needs help Asbestos claims are on the rise, with 300,000 cases clogging our state and federal courts, ...
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