Right before this holiday season, the California Department of Alcoholic Beverage Control issued a warning to all of its licensees regarding the alleged impersonation of ABC agents and representatives throughout the state of California. The impersonation was conducted over the telephone or via email correspondence and indicated that an investigation had Read more…
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 Read more…
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, Read more…
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 Read more…
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 Read more…
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 Read more…
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,” Read more…
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 Read more…
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 Read more…
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 Read more…