#litigation consulting in San Francisco and San Jose

[sugarmancompany-blog]

Reasons To Hire a Small Business Accountant in Sacramento and Fresno, CA

A business risks varied types of problems as it continues to operate profitably. While there may be dishonest employees to deal with and competitors to outdo in the race, there may come a time when the company owner needs to consider going to court to resolve the problems. Apart from discussing the matter at hand with multiple types of financial experts and business consultants, opting for litigation consulting in San Francisco and San Jose, CA, may add to the benefits of the company, too. ​ The company management must be convinced of the efficacy of such consultation, however. It suffices to know that such a consultant is adept at providing advice to help win litigation in a court of law. The concerned individual is not a lawyer, a paralegal, or anyone actively involved with the legal profession either.

Having such a consultant in the pay role can be extremely helpful for any organization. One may also make use of such professionals periodically when their need is felt keenly. Some of the most important reasons to obtain litigation consultancy services from a competent authority include the following:

· New Ideas That Focus On Results- The professional would listen carefully to the management's perspective, thereby revealing the way forward. The new ideas often help the said company to find success in winning litigation filed by the company or against it.

· Problem Resolution- All the issues of the company would be addressed with alacrity thanks to the expertise of the consultant. The advice provided by the pro will not only solve the existing legal problems, including that of litigation, but will also enable the company to stay clear of such legal suits in the future

· Affordability- Having an in-house consultant may not be feasible for small business entities that have to operate within a strict budget. Hiring the services of a litigation consultant as and when required to ensure success can be a convenient way to achieve the objective. There are no extra expenses associated with such a decision either

· Dealing with the Unexpected- No company, especially small ones, likes to receive surprises about litigation and lawsuits filed against the company. Contacting a litigation specialist or advisor can help one to understand the crux of the problem. This can be hugely beneficial in addressing the right concerns and establishing the company's credentials anew.

· Investigative Skills- One does not need to play the detective to win a litigation. Instead, a consultant who takes on the responsibility employs superior research skills. This helps to uncover details that may work in favor of the concerned company. The complicated terms and details will be explained in easy-to-understand layperson's terms for the benefit of the company management who have been asked to appear in court

All business entities have to ensure proper account-keeping. Doing it with a limited staff may be difficult. It makes sense to hire the services of a small business accountant in Sacramento and Fresno, CA, thus ensuring compliance with all financial standards. 

[shamisxgentile]

Lack Of Durability Leads Galaxy Fold, Flip Prospects To Consider Class Motion Suit In Opposition To Samsung

But whereas techies and law geeks ponder, do you've got to, common iPhone or Android owner, give a damn? Because the fate of your favourite smartphone or tablet may hinge on what 10 jurors and one decide resolve in San Jose, Calif. And sadly, whether Apple or Samsung wins , it's customers who are most likely to lose. Let's parse out what this case means in normalese (for U.S. prospects no much less than, since Apple-Samsung litigation has also spread samsung privacy lawsuit to some 10 countries worldwide). There have been loads of sweeping declarations about how this could affect the competitive landscape within the tech business. The court docket's determination might "present the basis for negotiating the terms and cost of licensing and cross-licensing of patents -- or for preserving sure patented features unique to a minimal of one company," declared The New York Times.

The device utilized hardware elements from Samsung’s Galaxy S7; such as expandable storage and IP68 water resistance. The device additionally touted new features corresponding to a dual-sided curved show samsung privacy lawsuit in addition to assist for HDR color. Samsung issued a recall on the device, offering a brand new system that includes a battery from a special provider.

BIPA units forth the means by which a private entity might obtain, gather, retailer, and switch a person’s biometric information and permits employees to file a lawsuit if the info is unlawfully collected, misused, or lost. By excluding benchmark apps from GOS throttling, measurements of telephone performance that are used in advertising claims, may not mirror real-life use. People who purchase Samsung Galaxy phones pay a premium for enhanced efficiency and will not be getting the worth that they paid for.

The settlement was preliminarily permitted by the District Court on August 19, 2020. Thereafter, cases were filed by Labaton Sucharow LLP and Robbins Geller Rudman & Dowd LLP. The circumstances were consolidated and transferred to the United States District Court in San Francisco. The three firms collectively litigated the case for almost 5 years, before Judge James Donato, the Ninth Circuit Court of Appeals, and the United States Supreme Court. Our Cyber Risk & Data Privacy Summit brings together trade consultants to discuss greatest practices on managing cyber dangers and share insights into the newest data privacy tendencies.

His work has been quoted by numerous high news organizations, and he was recently named one of many world's top 10 “power cell influencers” by Forbes. Prior to BGR, Zach labored as an govt in marketing and enterprise growth with two personal telcos. If you thought half a billion dollars was a giant samsung privacy lawsuit sum, simply wait until you see what Samsung is facing as the outcome of a recently filed lawsuit. The South Korean firm bought more than 4 million units in Australia last yr, according to analysis agency Canalys.

[payprosalaska]

Beware Hurdles to a Uniform Paid Sick and Safe Time Policy

Developing a paid sick and safe time (PSST) policy that complies uniformly across the U.S.—or at least with laws in two or more jurisdictions—is increasingly challenging for employers. Without fail, and despite some overlap, each new state or local law seems to contain one provision that could interfere with the goal of establishing uniform practices.

To test that theory, we reviewed the basic aspects of PSST laws (i.e., an employer’s available methods for complying, types of family members for whom leave may be used, rules about accrual, etc.) across jurisdictions to identify particular pain points. Based on that survey, we highlight below one provision from each jurisdiction with a generally-applicable PSST law (and some industry-specific and federal government contractor laws) that demonstrates why developing a multi city, -state or nationwide PSST policy may be a hard resolution for employers to keep, depending on where they operate and the methods of compliance chosen.

• Using existing policies.

In Berkeley, Calif., benefits that are not payable from an employer’s general assets cannot be used to satisfy an employer’s paid leave obligations. In Tacoma, Wash., if an employer uses vacation or paid time off (PTO) to comply with the law, the entire leave bank—not just the amount of leave required by the law—is subject to the law’s protections.

• Unionized workforces.

The law applies to employees covered by a collective bargaining agreement (CBA) in San Diego. In Connecticut, the law applies once a CBA entered into before Jan. 1, 2012 expires or is renegotiated; similarly, in Maryland, outside the construction industry, the law applies upon the expiration of a CBA entered into before June 1, 2017.

• Family members.

In Oakland, Calif., shortly after being hired, and annually each year after, unmarried employees must be allowed to designate a person for whom they can use leave. In Washington, D.C., a covered family member includes a person with whom the employee shares or has shared, for at least the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship. In Westchester County, N.Y., a covered family member includes a person related by blood or affinity.

• Accrual.

In California, if employees accrue leave (instead of leave being front loaded), hard annual accrual caps cannot be used. Rather, the law requires a maximum bank, i.e., employees accrue leave until their bank reaches a certain level, at which point leave temporarily stops accruing until they use leave, at which point accrual resumes. In Rhode Island, employees must accrue leave when they are on paid leave and during holidays. As originally enacted, Michigan did not set an annual or overall cap on how much leave an employee could accrue. Although recent amendments set accrual caps, a never-before-seen provision has been included that cannot be used by employers elsewhere: limiting accrual to no more than one hour per week, i.e., even if an employee worked sufficient hours to accrue more hours, only one would be accrued.

• Carryover.

In Chicago and Cook County, Ill., different carryover requirements apply if an employer is covered by the federal Family and Medical Leave Act. In Philadelphia, the law does not set a cap on how many leave hours can be carried over. In SeaTac, Wash., accrued but unused leave must be cashed out (however, the state law requires a specific amount of leave to be carried over, so employers must ensure their end-of-year practices comply with both laws, if applicable).

• Front loading.

In San Francisco, employers cannot provide a pure frontload, i.e., they are not relieved of the obligation to track accrual and carry-over unused leave at year-end if they provide a certain amount of leave each year. In Los Angeles, front loading is only partially permitted; employers can front load 48 hours each year, but at year-end must carry-over up to 48 unused hours and in the next year front load an additional 48 hours, though they can “chop off” any leave hours that exceed 72 hours. In Santa Monica, Calif., employers with 26 or more employees must front load 72 hours annually. In Minneapolis and Saint Paul, during the second and subsequent years of coverage, employers must front load 80 hours annually.

[SHRM members-only guide: How to Develop and Administer Paid Leave Programs]

• Waiting periods.

Under ordinances adopted (but not yet in effect) in Austin and San Antonio, employers cannot institute waiting periods to use leave for at-will employees—although it is likely neither ordinance will take effect because Texas state legislators are moving towards preempting local PSST laws. Moreover, the Austin ordinance is currently the subject of litigation.

• Covered uses.

Employees can use leave: to care for a service dog (Emeryville, Calif.); for baby bonding (Montgomery County, Md.); if a covered relation’s school or place of care is closed due to inclement weather, loss of power, loss of heating, loss of water or other unexpected closure (Duluth, Minn.); to attend a child’s school-related conference, meeting, function or other event requested or required by school officials (New Jersey); or to deal with the death of a family member (Oregon).

• Using leave.

In Massachusetts, employees must be able to use leave when they are transferred out of state. In Seattle, if employers track increments of work in less than hourly increments—e.g., 5-minute blocks—employees must be able to use leave in that increment. For federal government contractors covered by Executive Order 13706, a written or electronic communication must explain why a request to use leave was denied.

• Payment.

In Vermont, payment for leave used cannot be delayed while  an employer waits for an employee to provide documentation supporting an absence.

• Paystubs.

In Arizona, paystubs must show the amount of pay an employee received when taking leave. In Washington State, if an employer limits how much leave can be carried over from one year to the next, the first paystub issued in the subsequent year must indicate the amount of leave that was not carried over.

• Mandatory policies.

In New York City, the law requires numerous practices to be expressly discussed in a written policy. Similarly, if employers want to implement various optional provisions at their discretion, adoption of those practices must be documented in a written policy to comply with the law.

This above examples focus exclusively on challenges of universal compliance with PSST laws. However, employers must remember that their PSST policies and practices cannot be developed in a vacuum. There are numerous laws that overlap with PSST with which employers may be required to comply and consider when implementing policies and practices, including, but not limited to, family and medical leave (unpaid and/or paid), domestic violence leave, kin care, fair scheduling, and disability accommodation.

Multijurisdictional employers should stay tuned for further developments throughout 2019 on this always-evolving topic and are encouraged to consult with counsel as needed to tackle these complexities.

Adam Fiss, John Hong, and Sebastian Chilco are attorneys in the San Jose, Walnut Creek and San Francisco offices of Littler. © Littler. All rights reserved. Reposted with permission.

Related SHRM Article:

How Can Employers Navigate Multiple Leave Laws, SHRM Online, March 2018

Related SHRM Resources:

Multistate Employer Leave of Absence Policies and Practices

State-By-State Employment Laws

Leave Laws by State and Municipality

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[boombergnews]

SAN FRANCISCO (Reuters) – The U.S. authorities is making an attempt to drive Fb Inc (FB.O) to interrupt the encryption in its standard Messenger app so legislation enforcement could hearken to a suspect’s voice conversations in a prison probe, three individuals briefed on the case stated, resurrecting the difficulty of whether or not firms may be compelled to change their merchandise to allow surveillance.

The beforehand unreported case in a federal court docket in California is continuing underneath seal, so no filings are publicly accessible, however the three individuals instructed Reuters that Fb is contesting the U.S. Division of Justice’s demand.

The decide within the Messenger case heard arguments on Tuesday on a authorities movement to carry Fb in contempt of court docket for refusing to hold out the surveillance request, in response to the sources, who spoke on situation of anonymity.

Fb and the Division of Justice declined to remark.

The Messenger situation arose in Fresno, California, as a part of an investigation of the MS-13 gang, one of many individuals stated.

U.S. President Donald Trump continuously makes use of the gang, which is energetic in the US and Central America, as an emblem of lax U.S. immigration coverage and a motive to assault so-called “sanctuary” legal guidelines stopping police from detaining individuals solely to implement immigration legislation.

Trump known as members of the gang “animals” this yr when the Sheriff of Fresno County complained that California legal guidelines restricted her co-operation with federal immigration enforcement focusing on gang members.

The potential influence of the decide’s coming ruling is unclear. If the federal government prevails within the Fb Messenger case, it might make related arguments to drive firms to rewrite different standard encrypted companies resembling Sign and Fb’s billion-user WhatsApp, which embrace each voice and textual content capabilities, some authorized consultants stated.

Regulation enforcement businesses forcing know-how suppliers to rewrite software program to seize and hand over information that’s now not encrypted would have main implications for the businesses which see themselves as defenders of particular person privateness whereas underneath stress from police and lawmakers.

Comparable points got here into play throughout a authorized combat in 2016 between the Federal Bureau of Investigation and Apple Inc (AAPL.O) over entry to an iPhone owned by a slain sympathizer of Islamic State in San Bernardino, California, who had murdered county staff.

Attendees stroll previous a Fb Messenger emblem throughout Fb Inc’s annual F8 builders convention in San Jose, California, U.S. Could 1, 2018. REUTERS/Stephen Lam/File Photograph

WIRETAP OF VOICE CONVERSATIONS

Within the Apple case the corporate argued that the federal government couldn’t compel it to create software program to breach the telephone with out violating the corporate’s First Modification speech and expression rights. The federal government dropped the litigation after investigators acquired into the telephone with a contractor’s assist.

In contrast to the San Bernardino case, the place the FBI wished to crack one iPhone in its possession, prosecutors are looking for a wiretap of ongoing voice conversations by one individual on Fb Messenger.

Fb is arguing in court docket that Messenger voice calls are encrypted end-to-end, which means that solely the 2 events have entry to the dialog, two of the individuals briefed on the case stated.

Atypical Fb textual content messages, Alphabet Inc’s (GOOGL.O) Gmail, and different companies are decrypted by the service suppliers throughout transit for focused promoting or different causes, making them accessible for court-ordered interception.

Finish-to-end encrypted communications, against this, go straight from one consumer to a different consumer with out revealing something intelligible to suppliers.

Fb says it might solely adjust to the federal government’s request if it rewrites the code relied upon by all its customers to take away encryption or else hacks the federal government’s present goal, in response to the sources.

Authorized consultants differed about whether or not the federal government would doubtless be capable to drive Fb to conform. 

Stephen Larson, a former decide and federal prosecutor who represented San Bernardino victims, stated the federal government should meet a excessive authorized commonplace when looking for to acquire telephone conversations, together with exhibiting there was no different solution to receive the proof.

Nonetheless, the U.S. Structure permits for affordable searches, Larson stated, and if these requirements are met, then firms shouldn’t be capable of stand in the way in which.

A federal appeals court docket in Washington D.C. dominated in 2006 that the legislation forcing phone firms to allow police eavesdropping additionally applies to some giant suppliers of Voice over Web Protocol, together with cable and different broadband carriers servicing properties. VoIP permits voice calls on-line moderately than by conventional circuit transmission.

Nevertheless, in instances of chat, gaming, or different web companies that aren’t tightly built-in with present telephone infrastructure, resembling Google Hangouts, Sign and Fb Messenger, federal regulators haven’t tried to increase the eavesdropping legislation to cowl them, stated Al Gidari, a director of privateness at Stanford College Regulation College’s Middle for Web and Society.

“A messaging platform is excluded,” maintains Gidari, who is just not concerned within the Fresno case.

Reporting by Dan Levine and Joseph Menn in San Francisco; modifying by Greg Mitchell and Grant McCool

Our Requirements:The Thomson Reuters Belief Rules.

The post Exclusive: U.S. government seeks Facebook help to wiretap Messenger – sources appeared first on BoomBerg News.

[mmckenzieport]

By Melissa McKenzie

Throughout July, August and September, Santa Clara City Council Members were quite busy, attending dozens of community events and public meetings. While their effort to be present within the community is respectable, it’s their closed door and one-on-one meetings where handshake deals and puzzling encounters occur.

The most notable meetings happen when Council Members meet with political consultant and Related Companies’ lobbyist Jude Barry. Barry, who has kept himself entangled in Santa Clara politics since the San Francisco 49ers hired him obtain Council and community support for the Measure J campaign—and was heavily involved in San Jose politics prior—continues to meet with Council regarding issues that do not pertain to his employer’s currently stalled City Place project. In fact, Barry has tried to distance himself from Related with these meetings and is often listed as Chief Executive Officer of Catapult Strategies, his consulting company. In July, August and September Barry had one meeting a month with Council Member Teresa O’Neill—once on July 12 about the stadium audit, another on Aug. 18 regarding transportation and a third on Sept. 29 regarding transportation, none of which have any connection to his work with Related. His fourth meeting with the Council Member was on Sept. 25, and that particular meeting was regarding the City Place project.

Although three of Barry’s meetings with O’Neil were unrelated to Related, he did have one phone call with Related executive Steve Eimer and Mayor Lisa Gillmor on Aug. 16. Eimer and Gillmor spoke on July 7 about the project and Eimer and Related executives Steve Ross and Ken Himmel spoke about the project on Sept. 21. Eimer had two phone calls with Vice Mayor Dominic Caserta in regard to City Place on Sept. 11 and 19. Eimer also had a meeting with O’Neill on Sept. 25 about City Place and associated litigation.

Community activist Kirk Vartan showed up on Gillmor’s calendar. Vartan, who owns a business on the border of Santa Clara and San Jose, recently converted his dining establishment to a worker co-op and, along with his wife and partner Marguerite Lee, met with the Mayor on Aug. 18 about the transition. In September, Vartan attended a Sept. 6 meeting with O’Neill and Santa Clara Unified School District’s Assistant Superintendent of Educational Services Kathie Kanavel and Secondary Curriculum and Instruction Director Laurie Stapleton regarding the district’s urban agriculture plans.

Prometheus, which purchased the former Moonlite Lanes property at 2780 El Camino Real last year, has previously been unable to sway Council to approve a housing project at the site and continues to check in with Council in an attempt to find the key to obtaining enough votes to begin developing the shuttered site. President Marilyn Ponte and Executive Vice President Jon Moss had meetings with O’Neill on Aug. 25 and Council Member Patricia Mahan on July 25. On Aug. 29, Prometheus submitted a new plan to Council, proposing a three-story, 58 townhome complex. The proposal requires a General Plan amendment for the property to change from being Regional Mixed Use to Medium Density Residential. At the Aug. 29 Council meeting, the new proposal was approved for the City Manager to continue processing the General Plan Amendment Application.

With regard to the City Manager, each Council Member had at least one meeting with newly appointed City Manager Deanna Santana, who recently stepped into the position vacated by Rajeev Batra.

Finally, SummerHill showed up on Council calendars for the first time since June, with executives Katia Kamanger and Elaine Breeze along with consultant Cynthia James meeting with Council Member Pat Kolstad on Sept. 25 regarding the project at the Mayuri Indian Cuisine site. The trio and SummerHill executive Joe Head also met O’Neill on the same day, two hours after O’Neil met with Sam Kumar, Mayuri’s owner and resident David Donaldson regarding “city issues.” The meeting with O’Neill was not only about the SummerHill project, but also the Prometheus development at Moonlite Lanes. SummerHill’s 151-unit senior housing development was unanimously approved at the Oct. 24 Council meeting.

Since current Council took office in November of 2016, Related Companies or Barry has met with Council 23 times regarding the City Place project, Barry has met with Council Members 11 times about topics not associated with City Place, Prometheus has had 16 meetings with Council Members, SummerHill had 15 regarding the El Camino Real project and Vartan has met with Council—often in conjunction with others and regarding a variety of topics—12 times.

View Santa Clara Council Member calendars http://santaclaraca.gov/government/public-calendars-of-certain-city-officials

Editors Note: What’s noticeably missing from the Mayor’s calendar are her extensive meetings with Banner Public Affairs and company principle Peter Hillan. See coverage here.

[caveartfair]

$20 Million in Annie Leibovitz Prints Mired in Tax Controversy—and the 9 Other Biggest News Stories This Week

Catch up on the latest art news with our rundown of the 10 stories you need to know this week.

01  A major 2013 donation of 2,000 Annie Leibovitz prints to a Canadian museum has not been exhibited after a government body denied certification of their cultural significance.

(via CBC News)

Valued at $20 million Canadian, the pieces were donated to the Art Gallery of Nova Scotia four years ago by the Mintz family—just two days after they were purchased for $4.75 million US from Leibovitz herself. But the gift raised a number of red flags. By law, all donated art is reviewed by a Canadian board to determine if the works are of “outstanding significance” and “national importance.” Pieces that meet those requirements are then assessed for their value, which can result in a tax break for donors. Had a deduction been granted for the Leibovitz collection, it would have resulted in a tax windfall more than double the price originally paid for the pieces. The board originally rejected the collection’s significance entirely, later certifying 762 pieces at a value of $1.6 million. Now, a fourth and final application is before the board. But its refusal to certify the entire collection has prevented Leibovitz, who still holds the copyrights to the works, from being paid in full—under the terms of her deal with the Mintz family, the photographer was to be paid half of the $4.75 million upfront, with the other half coming after the expected tax deduction.

02  After alleging the Russian fashion designer Vika Gazinskaya ripped off one of his pieces for a line of dresses featured in Vogue, artist Brad Troemel was sent a cease and desist letter.

(via Instagram)

As is typical for these kinds of cases, the plagiarism allegations were first made on social media after Troemel posted a side-by-side comparison of his own work and the Gazinskaya-designed dress on Sunday. Both are grids containing a mix of multicolored squares and written letters and numbers, similarities Gazinskaya chalked up to “inspiration.” In a subsequent post, Troemel rejected the characterization, asserting that if that were the case, Gazinskaya “would’ve mentioned me as an inspiration when asked what influenced [the] line in Vogue.” On Monday, Troemel posted an image of a cease and desist letter from a lawyer representing Gazinskaya. The letter claimed that Troemel was “disparaging” Gazinskaya on social media “with false claims of ‘theft’ regarding [her] decision to use the idea of multicolored blocks and letters.” Troemel has consulted a lawyer and is considering pursuing future litigation of his own.

03  Ai Weiwei condemned the Chinese government for barring Nobel Laureate Liu Xiaobo, who died on Thursday, from travelling for medical care.

(via The Guardian)

Prior to Liu’s death, Ai told the British newspaper The Guardian that Beijing’s stance was unconscionable. “He should not have been sentenced,” Ai said. “He should be completely out of jail, released without any conditions. He should be a free man, then he should make a free judgment about where to stay and where to get medical care, and who he wants to be associated with.” The Nobel Laureate, who was jailed for his pro-democracy activities, was diagnosed with late-stage liver cancer in June and died in Shenyang, in northeastern China, Thursday. Two doctors from the U.S. and Germany had visited him in a Chinese hospital and declared he could travel for treatment to either of their hospitals, contradicting claims by Chinese doctors that his condition left him unfit to move. Ai added that Western governments who claimed to stand for human rights were sacrificing activists like Liu in favor of pursuing their business interests. “Each of those deals sacrifices someone like [Liu]. So don’t pretend, when Liu Xiaobo is dying, or Liu Xiaobo [is in] such difficult circumstances, don’t pretend anybody is innocent,” Ai said.  

04  On Monday, a federal appeals court in San Francisco revived a 16-year-long Nazi restitution dispute centered on an Impressionist painting by Camille Pissarro, the value of which could exceed $40 million.

(Artsy)

Currently held by Madrid’s Thyssen-Bornemisza Museum, Rue Saint-Honoré, Après-midi, Effet de Pluie (1897) was originally owned by German-Jew Lilly Cassirer, who sold the work to a Nazi functionary in 1939 for roughly $360. Asserting the transaction was a forced sale, Cassirer’s heirs filed a petition in 2001 in Spain seeking the work’s return after they learned where it was being held. When the petition was denied, Cassirer’s grandson and great-grandchildren sued the Spanish museum in 2005. In June of 2015, a lower court dismissed the suit, ruling the museum held the rights to the painting under Spanish law. But Monday’s ruling by the U.S. 9th Circuit Court of Appeals found that while Spanish law does apply, a trial is required to determine whether or not the museum knew the painting was stolen when it was acquired in 1993 from Baron Hans Heinrich Thyssen-Bornemisza as part of a $338 million purchase of his collection.

05 An Amsterdam Airbnb host who pushed a South African filmmaker down a flight of stairs has been charged with attempted manslaughter.

(via artnet News)

The victim, Sibahle Nkumbi, has been hospitalized with a concussion and extensive bruising to her face and body. Her friend, South African artist and activist Zanele Muholi, videotaped the incident. The two women were visiting the city for the opening of Muholi’s solo show at the Stedelijk Museum, which features a new series of photographic self-portraits alongside images documenting life in South Africa for the black LGBTQ community. Allegedly, the altercation began when the artists were late to check out of their Airbnb and one of the hosts became angry. Nkumbi claimed that the man began shouting at them, saying, “This is not Africa.” In a video interview with an Amsterdam-based journalist after the incident, she said, “I come from South Africa, where you’d expect that, because racism is visible….But to come here and get attacked like that, I didn’t expect that at all.”

06  Police arrested four suspects in Berlin in connection to the heist of an enormous gold coin.

(via U.S. News)

A several-hour-long raid on Wednesday targeted 13 buildings and resulted in the arrest of four suspects connected to the heist and the questioning of an additional nine. The object of the heist, which occurred this year at Berlin’s Bode Museum, was the Canadian “Big Maple Leaf” coin—valued at $4.5 million, despite lower face value estimates. The coin is a larger rendition of the Canadian $50 gold piece, with an image of Queen Elizabeth II gracing one side and a grouping of maple leaves on the other. Loaned to the Bode by an anonymous collector, the coin was one of only five manufactured by the Royal Canadian Mint. “We assume that the coin was partially or completely sold,” said Berlin state criminal officer Carsten Pfohl at a press conference. Experts predict the thieves melted down the coin in order to more easily sell the gold, making recovery a near-impossible prospect.

07  Fifty thousand square feet of artist workspace will be created at the Brooklyn Army Terminal, increasing affordable studio options for New York’s artists.

(via the New York City Department of Cultural Affairs)

Details of the plans were announced on Friday by the NYC Economic Development Corporation and NYC Department of Cultural Affairs. The arts nonprofit ArtBuilt Brooklyn will develop and oversee the space, which will host up to 50 artists. Slated to open later this year, the terminal will offer studios between 250 and 4,000 square feet with affordable, long-term leases. “New York’s creative community is an extraordinary source of energy and vitality for our city,” said Cultural Affairs Commissioner Tom Finkelpearl in a statement. “But for artists to continue to thrive and produce work that connects with communities throughout the five boroughs, we need to keep New York a place where they can afford to live and work.”

08  Art dealer Glafira Rosales was ordered to pay $81 million to victims of the Knoedler forgery scandal.

(via artnet News)

Rosales had pled guilty to wire fraud, money laundering, and tax evasion charges in 2013. The restitution order, filed July 5 in U.S. District Court, Southern District of New York, is an addition to a previous sentence of nine months of house arrest and three years probation for her role in the fraud scheme. It involved selling paintings attributed to Mark Rothko, Jackson Pollock, and Robert Motherwell, but were actually created by a Chinese painter who has since fled to China. The U.S. attorney’s office explained the delay in filing the restitution order was due to the complex task of identifying all the victims of the fraudulent scheme, which dates back to 1994. Rosales says her former partner Jose Carlos Bergantiños Diaz, also named in the 2014 indictment, threatened her in order to keep her participating in the fraud.

09  Some £3 million worth of jewelry was stolen from London’s Masterpiece art fair last week.

(via The Art Newspaper)

The Chelsea fair, which features a mixture of art, antiques, and jewelry, ran from June 29 through July 5 and welcomed a record 44,000 visitors. Police believe the heist took place during the final two days of the event, sometime between 5 p.m. on July 4 and 9 a.m. the next morning. The thieves targeted the booth of Swiss jewellers Boghossian, swiping several items that have since been valued in the millions. No witnesses have been reported; instead, investigators are combing through CCTV footage for clues.

10  A visitor posing for a photo in a Los Angeles gallery knocked over a series of pedestals displaying works of art, causing an alleged $200,000 in damage.

(via Hyperallergic)

The incident, which took place at the pop-up art space 14th Factory, occurred two weeks ago. But video footage was only uploaded to YouTube on Thursday, showing a female gallery-goer setting off a domino effect after losing her balance and falling backwards into one of the room’s many display pedestals. These were part of an installation titled Hypercaine, a collaboration between artists Simon Birch, Gabriel Chan, Jacob Blitzer, and Gloria Yu. In an interview with Hyperallergic, Yu said three of the crown-like sculptures atop the pedestals were irreparably damaged, and the others were affected to “varying degrees.” Some have hypothesized that the video, which captures the incident perfectly, may be a stunt to promote the show.

—Artsy Editors

Cover image: Portrait of Annie Leibovitz by Robert Scoble, via Flickr.

from Artsy News

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Beware Hurdles to a Uniform Paid Sick and Safe Time Policy

Developing a paid sick and safe time (PSST) policy that complies uniformly across the U.S.—or at least with laws in two or more jurisdictions—is increasingly challenging for employers. Without fail, and despite some overlap, each new state or local law seems to contain one provision that could interfere with the goal of establishing uniform practices.

To test that theory, we reviewed the basic aspects of PSST laws (i.e., an employer’s available methods for complying, types of family members for whom leave may be used, rules about accrual, etc.) across jurisdictions to identify particular pain points. Based on that survey, we highlight below one provision from each jurisdiction with a generally-applicable PSST law (and some industry-specific and federal government contractor laws) that demonstrates why developing a multi city, -state or nationwide PSST policy may be a hard resolution for employers to keep, depending on where they operate and the methods of compliance chosen.

• Using existing policies.

In Berkeley, Calif., benefits that are not payable from an employer’s general assets cannot be used to satisfy an employer’s paid leave obligations. In Tacoma, Wash., if an employer uses vacation or paid time off (PTO) to comply with the law, the entire leave bank—not just the amount of leave required by the law—is subject to the law’s protections.

• Unionized workforces.

The law applies to employees covered by a collective bargaining agreement (CBA) in San Diego. In Connecticut, the law applies once a CBA entered into before Jan. 1, 2012 expires or is renegotiated; similarly, in Maryland, outside the construction industry, the law applies upon the expiration of a CBA entered into before June 1, 2017.

• Family members.

In Oakland, Calif., shortly after being hired, and annually each year after, unmarried employees must be allowed to designate a person for whom they can use leave. In Washington, D.C., a covered family member includes a person with whom the employee shares or has shared, for at least the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship. In Westchester County, N.Y., a covered family member includes a person related by blood or affinity.

• Accrual.

In California, if employees accrue leave (instead of leave being front loaded), hard annual accrual caps cannot be used. Rather, the law requires a maximum bank, i.e., employees accrue leave until their bank reaches a certain level, at which point leave temporarily stops accruing until they use leave, at which point accrual resumes. In Rhode Island, employees must accrue leave when they are on paid leave and during holidays. As originally enacted, Michigan did not set an annual or overall cap on how much leave an employee could accrue. Although recent amendments set accrual caps, a never-before-seen provision has been included that cannot be used by employers elsewhere: limiting accrual to no more than one hour per week, i.e., even if an employee worked sufficient hours to accrue more hours, only one would be accrued.

• Carryover.

In Chicago and Cook County, Ill., different carryover requirements apply if an employer is covered by the federal Family and Medical Leave Act. In Philadelphia, the law does not set a cap on how many leave hours can be carried over. In SeaTac, Wash., accrued but unused leave must be cashed out (however, the state law requires a specific amount of leave to be carried over, so employers must ensure their end-of-year practices comply with both laws, if applicable).

• Front loading.

In San Francisco, employers cannot provide a pure frontload, i.e., they are not relieved of the obligation to track accrual and carry-over unused leave at year-end if they provide a certain amount of leave each year. In Los Angeles, front loading is only partially permitted; employers can front load 48 hours each year, but at year-end must carry-over up to 48 unused hours and in the next year front load an additional 48 hours, though they can “chop off” any leave hours that exceed 72 hours. In Santa Monica, Calif., employers with 26 or more employees must front load 72 hours annually. In Minneapolis and Saint Paul, during the second and subsequent years of coverage, employers must front load 80 hours annually.

[SHRM members-only guide: How to Develop and Administer Paid Leave Programs]

• Waiting periods.

Under ordinances adopted (but not yet in effect) in Austin and San Antonio, employers cannot institute waiting periods to use leave for at-will employees—although it is likely neither ordinance will take effect because Texas state legislators are moving towards preempting local PSST laws. Moreover, the Austin ordinance is currently the subject of litigation.

• Covered uses.

Employees can use leave: to care for a service dog (Emeryville, Calif.); for baby bonding (Montgomery County, Md.); if a covered relation’s school or place of care is closed due to inclement weather, loss of power, loss of heating, loss of water or other unexpected closure (Duluth, Minn.); to attend a child’s school-related conference, meeting, function or other event requested or required by school officials (New Jersey); or to deal with the death of a family member (Oregon).

• Using leave.

In Massachusetts, employees must be able to use leave when they are transferred out of state. In Seattle, if employers track increments of work in less than hourly increments—e.g., 5-minute blocks—employees must be able to use leave in that increment. For federal government contractors covered by Executive Order 13706, a written or electronic communication must explain why a request to use leave was denied.

• Payment.

In Vermont, payment for leave used cannot be delayed while  an employer waits for an employee to provide documentation supporting an absence.

• Paystubs.

In Arizona, paystubs must show the amount of pay an employee received when taking leave. In Washington State, if an employer limits how much leave can be carried over from one year to the next, the first paystub issued in the subsequent year must indicate the amount of leave that was not carried over.

• Mandatory policies.

In New York City, the law requires numerous practices to be expressly discussed in a written policy. Similarly, if employers want to implement various optional provisions at their discretion, adoption of those practices must be documented in a written policy to comply with the law.

This above examples focus exclusively on challenges of universal compliance with PSST laws. However, employers must remember that their PSST policies and practices cannot be developed in a vacuum. There are numerous laws that overlap with PSST with which employers may be required to comply and consider when implementing policies and practices, including, but not limited to, family and medical leave (unpaid and/or paid), domestic violence leave, kin care, fair scheduling, and disability accommodation.

Multijurisdictional employers should stay tuned for further developments throughout 2019 on this always-evolving topic and are encouraged to consult with counsel as needed to tackle these complexities.

Adam Fiss, John Hong, and Sebastian Chilco are attorneys in the San Jose, Walnut Creek and San Francisco offices of Littler. © Littler. All rights reserved. Reposted with permission.

Related SHRM Article:

How Can Employers Navigate Multiple Leave Laws, SHRM Online, March 2018

Related SHRM Resources:

Multistate Employer Leave of Absence Policies and Practices

State-By-State Employment Laws

Leave Laws by State and Municipality

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Advantage Of Using Business Mediation In San Francisco And San Jose CA

Operating a successful business entity is definitely pleasurable but that does not mean having to deal with no problems either. From coping with the initial teething problems to hiring the right employees and promoting the company effectively, every aspect of the business poses a new challenge that needs to be met with alacrity as well. Sadly, it might not be possible to settle all outstanding issues in the office though. The process of mediating between two or more professionals needs to be handled with acumen that only a business consultant or financial professional brings to the table. It is therefore important for the said business owner/partner to hire an expert for solving corporate disputes in Davis and Santa Rosa CA.

The types of business disputes that need discussions and a speedy mediation instead of litigation include the following.

1. Contracts- Disagreements arising out of modifying or violation of contracts between the parties can reach a stalemate over time with one or more of the concerned parties being eager t take the matter to court. However, such a move is likely to be expensive and often results in loss of reputation for the business entity. Having a third party act as an arbitrator who is willing to listen to both the sides in an unbiased manner can help the parties end their problems and draw up a final agreement as a part of the solution.

2. Disputed Fees- Almost all business firms have to hire the services of various professionals in order to get on with their business. Unfortunately, the billing disputes and unnecessary bickering over the payable amount is likely to disturb the working environment and show the entity in bad light should the concerned professional choose to go public with the issue. The professional arbitrator would be able to hear both sides of the story and make observations, ultimately helping the parties to come to an agreement without rancour.

3. M&As- Mergers and acquisitions that are done to unite two or more companies have been known to be problematic with the parties not seeing eye to eye. The clauses inserted in the agreement may not be in the interest of the company that is willing to be acquired or the merger terms may not seem to be beneficial for the small company at times. The financial transaction is sure to be expensive and taking the legal recourse is time taking apart from being expensive as well. The best way to settle the issues would be to hire a third party mediator who is well versed with the process or mergers & acquisitions and would try to intervene and arrive at an effective solution with the consent of all those concerned.

Getting in touch with an experienced professional for business mediation in San Francisco and San Jose CA is definite to prove beneficial for the most business entities whether they happen to be companies, corporations or partnership firms. The mediator is sure to be a neutral observer and a skilled individual with years of experience in handling business disputes.

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$20 Million in Annie Leibowitz Prints Mired in Tax Controversy—and the 9 Other Biggest News Stories This Week

Catch up on the latest art news with our rundown of the 10 stories you need to know this week.

01  A major 2013 donation of 2,000 Annie Leibovitz prints to a Canadian museum has not been exhibited after a government body denied certification of their cultural significance.

(via CBC News)

Valued at $20 million Canadian, the pieces were donated to the Art Gallery of Nova Scotia four years ago by the Mintz family—just two days after they were purchased for $4.75 million US from Leibovitz herself. But the gift raised a number of red flags. By law, all donated art is reviewed by a Canadian board to determine if the works are of “outstanding significance” and “national importance.” Pieces that meet those requirements are then assessed for their value, which can result in a tax break for donors. Had a deduction been granted for the Leibovitz collection, it would have resulted in a tax windfall more than double the price originally paid for the pieces. The board originally rejected the collection’s significance entirely, later certifying 762 pieces at a value of $1.6 million. Now, a fourth and final application is before the board. But its refusal to certify the entire collection has prevented Leibovitz, who still holds the copyrights to the works, from being paid in full—under the terms of her deal with the Mintz family, the photographer was to be paid half of the $4.75 million upfront, with the other half coming after the expected tax deduction.

02  After alleging the Russian fashion designer Vika Gazinskaya ripped off one of his pieces for a line of dresses featured in Vogue, artist Brad Troemel was sent a cease and desist letter.

(via Instagram)

As is typical for these kinds of cases, the plagiarism allegations were first made on social media after Troemel posted a side-by-side comparison of his own work and the Gazinskaya-designed dress on Sunday. Both are grids containing a mix of multicolored squares and written letters and numbers, similarities Gazinskaya chalked up to “inspiration.” In a subsequent post, Troemel rejected the characterization, asserting that if that were the case, Gazinskaya “would’ve mentioned me as an inspiration when asked what influenced [the] line in Vogue.” On Monday, Troemel posted an image of a cease and desist letter from a lawyer representing Gazinskaya. The letter claimed that Troemel was “disparaging” Gazinskaya on social media “with false claims of ‘theft’ regarding [her] decision to use the idea of multicolored blocks and letters.” Troemel has consulted a lawyer and is considering pursuing future litigation of his own.

03  Ai Weiwei condemned the Chinese government for barring Nobel Laureate Liu Xiaobo, who died on Thursday, from travelling for medical care.

(via The Guardian)

Prior to Liu’s death, Ai told the British newspaper The Guardian that Beijing’s stance was unconscionable. “He should not have been sentenced,” Ai said. “He should be completely out of jail, released without any conditions. He should be a free man, then he should make a free judgment about where to stay and where to get medical care, and who he wants to be associated with.” The Nobel Laureate, who was jailed for his pro-democracy activities, was diagnosed with late-stage liver cancer in June and died in Shenyang, in northeastern China, Thursday. Two doctors from the U.S. and Germany had visited him in a Chinese hospital and declared he could travel for treatment to either of their hospitals, contradicting claims by Chinese doctors that his condition left him unfit to move. Ai added that Western governments who claimed to stand for human rights were sacrificing activists like Liu in favor of pursuing their business interests. “Each of those deals sacrifices someone like [Liu]. So don’t pretend, when Liu Xiaobo is dying, or Liu Xiaobo [is in] such difficult circumstances, don’t pretend anybody is innocent,” Ai said.  

04  On Monday, a federal appeals court in San Francisco revived a 16-year-long Nazi restitution dispute centered on an Impressionist painting by Camille Pissarro, the value of which could exceed $40 million.

(Artsy)

Currently held by Madrid’s Thyssen-Bornemisza Museum, Rue Saint-Honoré, Après-midi, Effet de Pluie (1897) was originally owned by German-Jew Lilly Cassirer, who sold the work to a Nazi functionary in 1939 for roughly $360. Asserting the transaction was a forced sale, Cassirer’s heirs filed a petition in 2001 in Spain seeking the work’s return after they learned where it was being held. When the petition was denied, Cassirer’s grandson and great-grandchildren sued the Spanish museum in 2005. In June of 2015, a lower court dismissed the suit, ruling the museum held the rights to the painting under Spanish law. But Monday’s ruling by the U.S. 9th Circuit Court of Appeals found that while Spanish law does apply, a trial is required to determine whether or not the museum knew the painting was stolen when it was acquired in 1993 from Baron Hans Heinrich Thyssen-Bornemisza as part of a $338 million purchase of his collection.

05 An Amsterdam Airbnb host who pushed a South African filmmaker down a flight of stairs has been charged with attempted manslaughter.

(via artnet News)

The victim, Sibahle Nkumbi, has been hospitalized with a concussion and extensive bruising to her face and body. Her friend, South African artist and activist Zanele Muholi, videotaped the incident. The two women were visiting the city for the opening of Muholi’s solo show at the Stedelijk Museum, which features a new series of photographic self-portraits alongside images documenting life in South Africa for the black LGBTQ community. Allegedly, the altercation began when the artists were late to check out of their Airbnb and one of the hosts became angry. Nkumbi claimed that the man began shouting at them, saying, “This is not Africa.” In a video interview with an Amsterdam-based journalist after the incident, she said, “I come from South Africa, where you’d expect that, because racism is visible….But to come here and get attacked like that, I didn’t expect that at all.”

06  Police arrested four suspects in Berlin in connection to the heist of an enormous gold coin.

(via U.S. News)

A several-hour-long raid on Wednesday targeted 13 buildings and resulted in the arrest of four suspects connected to the heist and the questioning of an additional nine. The object of the heist, which occurred this year at Berlin’s Bode Museum, was the Canadian “Big Maple Leaf” coin—valued at $4.5 million, despite lower face value estimates. The coin is a larger rendition of the Canadian $50 gold piece, with an image of Queen Elizabeth II gracing one side and a grouping of maple leaves on the other. Loaned to the Bode by an anonymous collector, the coin was one of only five manufactured by the Royal Canadian Mint. “We assume that the coin was partially or completely sold,” said Berlin state criminal officer Carsten Pfohl at a press conference. Experts predict the thieves melted down the coin in order to more easily sell the gold, making recovery a near-impossible prospect.

07  Fifty thousand square feet of artist workspace will be created at the Brooklyn Army Terminal, increasing affordable studio options for New York’s artists.

(via the New York City Department of Cultural Affairs)

Details of the plans were announced on Friday by the NYC Economic Development Corporation and NYC Department of Cultural Affairs. The arts nonprofit ArtBuilt Brooklyn will develop and oversee the space, which will host up to 50 artists. Slated to open later this year, the terminal will offer studios between 250 and 4,000 square feet with affordable, long-term leases. “New York’s creative community is an extraordinary source of energy and vitality for our city,” said Cultural Affairs Commissioner Tom Finkelpearl in a statement. “But for artists to continue to thrive and produce work that connects with communities throughout the five boroughs, we need to keep New York a place where they can afford to live and work.”

08  Art dealer Glafira Rosales was ordered to pay $81 million to victims of the Knoedler forgery scandal.

(via artnet News)

Rosales had pled guilty to wire fraud, money laundering, and tax evasion charges in 2013. The restitution order, filed July 5 in U.S. District Court, Southern District of New York, is an addition to a previous sentence of nine months of house arrest and three years probation for her role in the fraud scheme. It involved selling paintings attributed to Mark Rothko, Jackson Pollock, and Robert Motherwell, but were actually created by a Chinese painter who has since fled to China. The U.S. attorney’s office explained the delay in filing the restitution order was due to the complex task of identifying all the victims of the fraudulent scheme, which dates back to 1994. Rosales says her former partner Jose Carlos Bergantiños Diaz, also named in the 2014 indictment, threatened her in order to keep her participating in the fraud.

09  Some £3 million worth of jewelry was stolen from London’s Masterpiece art fair last week.

(via The Art Newspaper)

The Chelsea fair, which features a mixture of art, antiques, and jewelry, ran from June 29 through July 5 and welcomed a record 44,000 visitors. Police believe the heist took place during the final two days of the event, sometime between 5 p.m. on July 4 and 9 a.m. the next morning. The thieves targeted the booth of Swiss jewellers Boghossian, swiping several items that have since been valued in the millions. No witnesses have been reported; instead, investigators are combing through CCTV footage for clues.

10  A visitor posing for a photo in a Los Angeles gallery knocked over a series of pedestals displaying works of art, causing an alleged $200,000 in damage.

(via Hyperallergic)

The incident, which took place at the pop-up art space 14th Factory, occurred two weeks ago. But video footage was only uploaded to YouTube on Thursday, showing a female gallery-goer setting off a domino effect after losing her balance and falling backwards into one of the room’s many display pedestals. These were part of an installation titled Hypercaine, a collaboration between artists Simon Birch, Gabriel Chan, Jacob Blitzer, and Gloria Yu. In an interview with Hyperallergic, Yu said three of the crown-like sculptures atop the pedestals were irreparably damaged, and the others were affected to “varying degrees.” Some have hypothesized that the video, which captures the incident perfectly, may be a stunt to promote the show.

—Artsy Editors

Cover image: Portrait of Annie Leibovitz by Robert Scoble, via Flickr.

from Artsy News