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.

By , April 17, 2019 Pexels. Not attribution required. It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision in Schenck v. U.S. and has come to stand for the proposition that not all speech, in particular dangerous speech, is protected by the First Amendment. The next case also involves a false alarm. But not of the First…
[Thanks to Wendel Rosen business attorney Karen Balderama for this post.] More than a year after legalization of recreational cannabis in California, the maturing California cannabis industry has seen an exponential increase in capital raising and M&A activity. Sophisticated investors and established companies are jumping in and making deals happen, infusing operators with capital and betting on even more growth if and when federal legalization occurs. Investors from Canada, where recreational marijuana is legal, are…
By , March 18, 2019 Public Domain Inscribed over the doors of the U.S. Supreme Court are the words “Equal Justice Under Law.” It’s a reminder that judicial decisions should be just. That doesn’t necessarily mean fair. In Aspic Engineering and Construction Company v. ECC Centcom Constructors, LLC, U.S. Court of Appeals for the 9th Circuit, Case No. 17-16510 (January 28, 2019), the 9th Circuit overturned an arbitration decision in favor of…
By , March 12, 2019 State Water Quality Permit In 2017, the State Water Resources Control Board (State Board) issued a general permit for all cannabis cultivation to protect water quality (State Permit). Cannabis cultivation is broadly defined as “any activity involving or necessary for the planting, growing, pruning, harvesting, drying, curing, or trimming of cannabis,” including water diversions, preparing a cultivation site, or activities otherwise to support cannabis cultivation, and which discharge…
By , March 7, 2019 Convention by Nick Youngson CC BY-SA 3.0 Alpha Stock Images Wendel Rosen food and beverage attorneys William Acevedo, Karen Balderama and Dick Lyons will be attending the Natural Products Expo West tradeshow in Anaheim, California from March 7-9, 2019.  They’ll be there to check in with our clients, see the newest products and trends, catch up with industry partners, and support OSC2.  Wendel Rosen is proud to…
By , March 4, 2019 Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0) The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: Business and Professions Code Section 7107:  Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the license as a contractor constitutes a cause for disciplinary action. Business and Professions Code Section 7109: A willful departure in any…
By , February 19, 2019 Julia Child. Wikimedia Commons. CC0 1.0 Universal Public Domain Dedication In Berkeley Cement, Inc v. Regents of the University of California, Case Nos. F073455 and F073586 (January 7, 2019), the 5th District Court of Appeals examined the difference between “design” specifications and “performance” specifications on a University of California project in Merced, California. The Berkeley Cement Case Contractor Berkeley Cement, Inc. was awarded the low bid on structural…
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…