Home » Wit of Mandate – Blog

Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Alternating Proprietorships

An "alternating proprietorship" is a term used to describe an arrangement in which two or more people take turns using the physical premises of a brewery or winery. It is an effective method for an existing brewer or winemaker to use excess capacity of the brewery or winery and for an up-and-coming brewer or winemaker to get […]

January 21, 2015

Freedom of Information Act Requests

The Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A […]

January 10, 2015

The “Merry Christmas” Bill

During the 2013 Session of the Texas Legislature,House Bill 308—the “Merry Christmas Bill”—was filed to protect Texans' right to acknowledge traditional winter holidays like Christmas and Chanukah on public and private school grounds. The bill allows students, parents, teachers and administrators the freedom to acknowledge these traditional winter holidays without fear of litigation or punishment and restores […]

December 24, 2014

4 Elements of a Perfect Company Holiday Party

It’s that time of year when employers roll out the red carpet for their staff, in appreciation of the hard work they’ve done all year.  Company parties done well can improve camaraderie among your team, and increase their pride in (and loyalty to) your brand or business. Company parties done poorly are the nightmares of […]

December 16, 2014

Holiday Parties: Avoid a Fa-La-La-Lawsuit

Happy holidays! Tis the season for joy, warm thoughts, and a process server in your reception area? While undoubtedly unwelcome and surprising, holiday-related complaints, claims, and lawsuits are all too common amongst employers. Holidays tend to evoke emotions for many people; most of these emotions are positive and healthy. However, some emotions are negative, unhealthy, or unwanted […]

December 15, 2014

Board of Occupational Therapy to Mandate Peer Reporting, Ban Sex with Service Recipients

The California Board of Occupational Therapy has proposed modifications to the text of Title 16, California Code of Regulations, section 4170, which are the Ethical Standards of Practice of Occupational Therapy. The proposed modifications include a number of gramatical changes and clean-up of the regulation. However, it also contains substantive changes.  Specifically: Subsection (b)(2) includes a ban […]

December 4, 2014

Arresting Officer is Mandatory Reporter to Professional Licensing Agencies

Our office speaks to many licensees after they have been arrested – these arrests can range from driving under the influence, domestic violence, drug possession, assault, and even manslaughter. Often, licensees ask us how their boards or agencies knew about their arrests before he or she even reported it. For example, the below is a […]

December 2, 2014

What to Do After Default License Discipline

Our law firm works with professional licensees on a regular basis. Many of these individuals are independent, hard-working individuals, with usually barely enough time to handle their personal lives, let alone to administer or organize their profession as a going concern. This lack of time is often a direct cause resulting in license discipline. The […]

November 27, 2014

The Impact of “Yelp Protection” Laws on E-Commerce

In September, Governor Jerry Brown signed California Assembly Bill No. 2365, the “Yelp Protection” bill, into law. AB-2365 bans disparagement clauses in businesses’ terms of agreement that would prohibit customers from leaving negative comments on review sites like Yelp. Some businesses have gained some undesirable media attention for trying to enforce those clauses, including one […]

November 24, 2014

Independent Judgement v. Substantial Evidence Standard of Review

Code of Civil Procedure §1094.5(c) establishes the two basic tests for determining whether the evidence supports the findings in an administrative writ of mandate proceeding: If authorized by law to exercise its independent judgment on the evidence, the court determines whether the findings are supported by the weight of the evidence. Sometimes called the “weight […]

November 15, 2014

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments.