Wendel Rosen LLP

Founded in 1909, the firm is one of the oldest and largest law firms east of the San Francisco Bay. We serve clients nationwide in transactional and litigation matters.

Blog Authors

Latest from Wendel Rosen LLP

By , February 15, 2019 “Krümel Monster Muffins” by Xitu is licensed under CC BY-SA 4.0 Wendel Rosen attorney Bill Acevedo, who co-chairs the firm’s Food & Beverage Practice Group, posted a new blog at FoodLaw.com addressing the “confusion” in the marketplace regarding the use of CBD as an additive or ingredient in food and dietary supplements.  Bill provides an overview of the way four nationally influential states are handling the…
By , February 15, 2019 “Krümel Monster Muffins” by Xitu is licensed under CC BY-SA 4.0 The regulatory status of a food ingredient is governed by certain bright line rules.  Any substance that is reasonably expected to become a component of food is a food additive.  A food additive is subject to premarket approval by the Food & Drug Administration (FDA) unless the substance is generally recognized as safe (GRAS) among…
By , February 11, 2019 Wikimedia Commons Public Domain (the set of Godzilla Raids Again (1955)). The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17, 2018), provides an interesting behind-the-scenes look at substitution hearings under the Subletting and Subcontracting Fair Practices Act. The Subletting and Subcontracting Fair Practices Act The Subletting and Subcontracting Fair Practices…
By , February 7, 2019 “I’m not a liar!” by Tristan Schmurr is licensed under CC BY 2.0 Food manufacturers know that they must substantiate their label claims.  However, when they develop this substantiation may vary.  The prudent food manufacturer will develop a claims substantiation file before its puts any claims out into the marketplace to ensure that they are supported by credible evidence, whether it be product testing, market research, scientific studies…
By , February 4, 2019 Public Domain. Library of Congress As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball. Call it coy, even. I call it risky. And here’s why: If a defendant doesn’t appear and you…
By , January 29, 2019 Photo by Sasha • Stories on Unsplash 2018 was a big year for the commercial cannabis legalization and provided some clues for what’s to come. The year started with California’s recreational market kicking off just as now-former U.S. Attorney General Jeff Sessions rescinded the Cole Memo. By year’s end, the number of states allowing medical and recreational cannabis rose to forty-four and ten, respectively. Some major milestones for…
By , January 24, 2019 Attribution not required. It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer, the insurer for “stands in the shoes” of its insured, meaning simply that in seeking subrogation an insurer has no greater or lesser rights than its insured. Typically, that’s a powerful weapon since an insurer, otherwise, has no contractual or…
By , January 14, 2019 Wikimedia Commons: Public Domain Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an interesting case involving a developer, a contractor, a general release, and Civil Code section 1688. SI 59 LLC v. Variel Warner Ventures, LLC  In…
By , January 7, 2019 Creative Commons Zero – CC0 So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good year. And as its name, Black Diamond, suggests, it did indeed receive a black diamond from the courts. Actually, two of them. Contractors’ State License Board v. Superior Court (Black Diamond No. 1) In Contractors’ State License