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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.

Beer Brand Registration

Effective January 1, 2016, Assembly Bill 893 amends, adds and repeals several provisions of the ABC Act (Business and Professions Code sections 25200, 25201 and 25204) regarding beer labeling requirements. Specifically, Business and Professions Code section 25200 no longer requires beer manufacturers and certificate of compliance holders to furnish labels of beer containers to the Department […]

January 14, 2017

Collateral Consequences of a Probationary Professional License

Before reviewing the collateral consequences of obtaining a probationary license as a health care practitioner or professional, lets provide some prospective and a disclaimer. Probationary licenses are not a bad thing. For many individuals, given their personal, social, or professional background, it may be wholly unavoidable. And for those individuals, it is much better than […]

Office of Attorney General Identifies 4 States Subject to Travel Ban

California has banned most taxpayer-funded travel to four states that have adopted anti-LGBT protective rights laws. In addition to the states that the State of California’s Office of Attorney General identified in November for inclusion on the list – Mississippi, North Carolina, and Tennessee – Kansas was also named to the official list posted online […]

January 5, 2017

Extending Deadline for Petition for a Writ of Administrative Mandate

Our law firm’s primary practice area is representing professional licensees and healthcare licensees before the various licensing agencies within the state of California and its local or municipal levels of government. Most of these matters are “litigated” – if at all – through the administrative hearing process. Sometimes, the administrative hearing or final decision goes […]

December 30, 2016

Home Distilling is Illegal

While home brewing and home wine making are on the rise and finding more receptive lawmakers across the country, home distilling is still illegal. It is illegal under federal law, mirror-restricted in the states, and unlikely to be altered or amended anytime soon. What is Distilling? Distilling spirits is the process of refining alcohol. It is […]

December 15, 2016

Julianne Allen Lectures at American River College

On November 7, 2016, Julianne Allen, Senior Paralegal at Simas & Associates, Ltd., guest lectured at American River College. The students were part of the Paralegal Program and the course was “Administrative Law and Procedure” taught by Julia Brynelson, Adjunct Professor. “I was invited to speak and jumped at the chance,” explained Ms. Allen, the most […]

December 3, 2016

Proof of Competency as Mitigation Evidence

Mitigation evidence, in the civil lawsuit realm, is evidence used to thwart a potential affirmative defense of the failure to limit ones damages. This evidence is done to demonstrate to the opposing party and/or adjudicator of your dispute that once you became aware of the injury, damage, or problem, you took reasonable steps to limit […]

November 30, 2016

Ethical Obligations to an Intended Beneficiary

An attorney advising a client has no duty to a third party affected by that advice unless there is a “showing that the legal advice was foreseeably transmitted to or relied upon by a third party or the third party was or were intended beneficiaries of a transaction to which the advice pertained.” (Goodman v. […]

November 18, 2016

Guide to Reports to National Practitioner Data Bank

The National Practitioner Data Bank (“NPDB”) was created by Congress and contains information related to “certain adverse actions related to health care practitioners, entities, providers, and suppliers.”[1] The law determines what types of adverse actions are reportable to the NPDB, however, most reporting entities error on the side of over-reporting making disputing an erroneous report […]

November 14, 2016

Time Off to Vote Notices

California Elections Code, section 14001 requires all employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A sample of this notice, as well as a notice to employers regarding time off for voting is available in this embedded link. Employers may […]

November 4, 2016

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. 

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