ANNOUNCEMENTS
All COVID-19 News Alerts Click Here.
Presentation Announcement
On July 23, 2024, Partner William (“Bill”) Kaufman will present “Tips & Tricks for Subcontractors to Protect Themselves on Difficult Projects” to the Plumbing-Heating-Cooling Contractors Association (PHCC) at the Outback Steakhouse in Dublin, California.
Transitions – A Family Business Perspective Panel Held on June 1, 2023
Partner Romin P. Thomson spoke on a panel for “Transitions – A Family Business Perspective” hosted by Executive Forums Silicon Valley at the Regale Winery & Vineyards on Thursday, June 1, 2023. Mr. Thomson offered his perspective on the challenges faced by business owners seeking to transfer their businesses to the next generation.
Sweeney Mason Attorneys Attend American Subcontractor Association Subexcel Event
We are excited to announce that a number of our attorneys recently attended the
American Subcontractor Association (“ASA”) meeting in Fort Worth, Texas. The event
featured a presentation by Sweeney Mason’s employment law expert, Roger Mason. Read more
Sweeney Mason Celebrates 33 Years!
After a 3-year hiatus, Sweeney Mason LLP held its St. Patrick’s Day celebration to toast its 30 th
Anniversary on their 33 rd . The party was held on Thursday, March 16, 2023, under a large tent
in the firm’s parking lot. With over 500+ clients, colleagues, friends and guests in attendance,
the festivities included a selection of delicious Irish themed food and drink, fresh oysters, local
Los Gatos wines, and even a photo booth to commemorate the evening. Sweeney Mason has
been representing businesses and individuals and supporting the local community of Los Gatos
and the Bay Area since 1990.
CFMA Lien Law Seminar on February 8th in San Jose, California
CFMA Lien Law Seminar. SMLLP Partners Scott Mangum and Bill Kaufman presented a mechanics lien law seminar to the Silicon Valley Chapter of the Construction Financial Management Association on February 8, 2023 in San Jose, California. Information about the event can be found here.
Partners Scott Mangum and William Kaufman conducted a Mechanics Lien Law Workshop on May 19, 2022 for the Wall and Ceiling Alliance covering various topics including collection tips for contractors
Partner and Founding Member Kurt Wilson conducted a Workshop on July 13, 2022 for the Wall and Ceiling Alliance focused on preventing employee lawsuits
Sweeney Mason Obtains Dismissals of ADA Lawsuits
Sweeney Mason LLP partner Chris Olson has successfully obtained judgments for multiple
small business clients in several cases filed by a serial ADA litigant (See published decisions here here here here here and here). In each instance, the Plaintiff filed suit in federal court against local business owners and operators (and in two instances the property owner/landlord) seeking money damages and injunctive relief for alleged violations of the federal Americans with Disabilities Act (“ADA”) and state Unruh Act – each arising from alleged non-ADA compliant features at the subject facilities. Implementing a “fix first, fight second” strategy, after ensuring and certifying ADA compliance by the swift removal of
the alleged barriers to access at each business facility, dismissal orders and defense judgments were obtained through motions to dismiss the ADA claims as moot (therefore, lacking federal court subject matter jurisdiction) and persuading the Court to not exercise continued supplemental jurisdiction over the Plaintiff’s state law claims. A motion to dismiss may not be the preferred option in resolving every ADA accessibility lawsuit, but it can be a very useful tool in attempting to efficiently obtain a negotiated settlement – or a court-ordered dismissal if necessary.
Time Is Running Out to Comply with California’s Sexual Harassment Training Requirements!
All employers with 5 or more employees must provide training to all employees by January 1, 2021. Read more
Entity Formation Presentation
Partner Romin P. Thomson and attorney Mila Balke presented (via webinar) about entity formation options at the Professional Practices course at Canada College on February 4, 2021.
CFMA Silicon Valley Webinar on Mechanics’ Liens
Partners Scott Mangum and William Kaufman presented at the CFMA Silicon Valley Webinar on Mechanics’ Liens on February 17th at 8:00 a.m.
News Alert – Updates to Home Improvement Contract Requirements
In enacting AB 2471, California has extended protections to senior citizens entering home improvement contracts, consistent with recent trends in other states. The law makes changes to Business and Professions Code sections 7150 and 7159.
Beginning January 1, 2021, contractors entering home improvement construction contracts with senior citizens aged 65 or older will be required to provide a five-day period to cancel the contract, as opposed to the current three-day right to cancel. Consistent changes must be made throughout the construction contract.
Specifically, the new code sections will require in part that the following changes be made:
- The Notice of Cancellation for senior citizens be changed to five days.
- References to the Notice of Cancellation for senior citizens be changed, including in (1) the explanation of the right to cancel and (2) the requirement that a box be check to acknowledge receipt of the notice of the right to cancel.
These changes mandate that customers who are not 65 years of age or older be provided with the existing three-day right to cancel. In most circumstances, these changes will likely require separate form contracts for customers over 65 years old. Please contact legal counsel to address your particular circumstance.
If you have any questions for Sweeney Mason LLP, please do not hesitate to contact the firm’s construction law experts – Joseph Sweeney (jsweeney@smwb.com), Scott Mangum (smangum@smwb.com), Chris Olson (colson@smwb.com) William Kaufman (wkaufman@smwb.com) or Jonathan Robb (jrobb@smwb.com).
SANTA CLARA COUNTY ISSUES UPDATED “SHELTER-IN-PLACE” ORDER
NARROWING PERMISSIBLE CONSTRUCTION ACTIVITIES
On March 31, 2020, the County of Santa Clara issued an updated “shelter-in-pace” order, extending the existing order to and through May 3, 2020, and providing further restrictions and clarifications regarding specific activities
permissible under the updated order.
Regarding construction, the updated order provides a narrow set of projects and activities that are permissible during the shelter-in-place period. These include and are limited to:
- Projects immediately necessary to the maintenance, operation, or repair of Essential Infrastructure (“Essential Infrastructure” includes airports, utilities (including water, sewer, gas, and electrical), oil refining, roads and highways, public transportation, solid waste facilities (including collection, removal, disposal, and processing facilities), cemeteries, mortuaries, crematoriums, and telecommunications systems (including the provision of essential global, national, and local infrastructure for internet, computing services, business infrastructure, communications, and web-
based services)); - Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response;
- Affordable housing that is or will be income-restricted, including multi-unit or mixed-use
developments containing at least 10% income-restricted units; - Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency;
- Shelters and temporary housing, but not including hotels or motels;
- Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs;
- Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and
- Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably
be delayed.
(Capitalized terms are defined elsewhere in the updated order).
Some limited, essential home improvement and landscape projects are also permitted under the updated order.
The updated order can be viewed here: https://www.sccgov.org/sites/phd/DiseaseInformation/novel-coronavirus/Pages/order-health-officer-033120.aspx
Sweeney Mason LLP expects other local counties to follow shortly with updated orders that closely track Santa Clara’s updated order.
Sweeney Mason LLP continues to monitor the rapidly evolving situation pertaining to the COVID-19 virus and resulting legal issues. We are finding that the laws and orders released by the Federal, State, County and Local
governments are, in some cases, ambiguous, vague and/or contradictory, resulting in some confusion among a broad cross-section of our clients. At this juncture, and given the fast-paced changes to the applicable orders and
mandates, as well as the ambiguities inherent in the orders there is no “one-size-fits-all” approach to COVID-19-related legal matters. For example, several Bay Area Cities impose their own emergency orders that mirror but in many cases are more stringent than the Statewide or County orders. As a result, contracts, employment issues, ongoing lawsuits and other matters impacted by the COVID-19 outbreak should be analyzed on a case-by-
case basis and with the assistance of Sweeney Mason.
Sweeney Mason is in daily contact with governmental offices and various trade organizations to monitor the developments surrounding the COVID-19 outbreak. While much of our personnel continues to work remotely,
Sweeney Mason is fully operational and will continue to assist our clients and community with their legally related issues and concerns during this uncertain time.
For more information, please contact us at 408-356-3000 or via email as follows: Joseph Sweeney, Christopher Olson, Scott Mangum, William Kaufman, or M. Jonathon Robb.
Sweeney Mason LLP COVID-19 Update
As the Novel Coronavirus (Covid-19) continues to spread across the world, individuals and businesses are facing significant disruptions to their workplace operations and livelihoods in light of government-imposed restrictions being placed on the mobility of people and supply-chain goods and services.
Sweeney Mason LLP continues to monitor the rapidly evolving situation pertaining to the COVID-19 virus and resulting legal issues. The regulations, orders and mandates resulting from COVID-19 mitigation measures are being released, revised and/or updated on a near-daily basis. We are finding that the laws and orders released by the Federal, State, County and Local governments are, in some cases, ambiguous, vague and/or contradictory, resulting in some confusion among a broad cross-section of our clients. Moreover, both the Federal and State court systems have greatly curtailed their operations, including postponing most civil calendars and limiting their services to “Essential Functions.”
At this juncture, and given the fast-paced changes to the applicable orders and mandates, there is no “one-size-fits-all” approach to COVID-19-related legal matters. Contracts, employment issues, ongoing lawsuits and other matters impacted by the COVID-19 outbreak should be analyzed on a case-by-case basis and with the assistance of Sweeney Mason.
Sweeney Mason is in daily contact with governmental offices and various trade organizations to monitor the developments surrounding the COVID-19 outbreak. While much of our personnel continues to work remotely, Sweeney Mason is fully operational and will continue to assist our clients and community with their legally related issues and concerns during this uncertain time.
For the benefit of our clients the links below will assist in evaluating some of the issues you may have.
Stay safe!
California
https://covid19.ca.gov/stay-home-except-for-essential-needs/
Santa Clara County
https://www.sccgov.org/sites/phd/DiseaseInformation/novel-coronavirus/Pages/frequently-asked-questions.aspx
Sexual Harassment Training Deadline Extended
California employers have been granted a one-year reprieve from the expanded sexual harassment training requirements implemented by Senate Bill 1343. Employers now have until January 1, 2021 to provide at least two hours of sexual harassment training to all supervisors and one hour of sexual harassment training to all non-supervisory employees. Further, employers who trained supervisors in 2018 do not need to retrain them in 2019. SMWB offers both one- and two-hour trainings for its clients. Please contact SMWB to schedule a training or if you have any questions about the new requirements.
New Sexual Harassment Training Requirement
California has drastically expanded its sexual harassment training requirements. All employers with five or more employees are now required to provide at least two hours of sexual harassment training to all supervisors and one hour of sexual harassment training to all non-supervisory employees by January 1, 2020. The California Department of Fair Employment and Housing (DFEH) takes the position that employees, including supervisors, who were trained in 2018 (or before) will need to be retrained again in 2019. After the 2019 compliance requirements are met, this training must be provided every two years. SMWB offers both one- and two-hour trainings for its clients. Please contact SMWB to schedule a training or if you have any questions about the new requirements.
New Attorney Announcement
Sweeney, Mason, Wilson & Bosomworth recently welcomed M. Jonathan Robb, Jr. as a new associate. Jon is an experienced civil litigator in state and federal court, with substantial construction law experience. He will be supporting SMWB’s construction, real estate and employment teams. He brings practical skills and an enthusiasm for the law that will have an immediate and positive impact on SMWB’s clients. SMWB is pleased to have him on board.
Presentation Announcement
On February 27, 2019, Joseph Sweeney, Scott Mangum and William Kaufman of SMWB will present “Mechanics Lien Law, Stop Payment Notice and Bond Claim Primer With Practical Tips to Improve Your Bottom Line” to the Silicon Valley Chapter of the Construction Financial Management Association at the Holiday Inn in San Jose, California.
New Attorney Announcement
Sweeney, Mason, Wilson & Bosomworth recently welcomed Anya Thepot, William Stanger and William (“Bill”) Kaufman as new attorneys with the firm. Anya and William represent and advise clients on a variety of practice areas including Civil Litigation, Business Litigation and Real Estate Law. Bill’s primary focus is Construction Law, bringing over 10 years of legal experience to SMWB. Each bring practical skills and an enthusiasm for the law that will have an immediate and positive impact on SMWB’s clients. SMWB is pleased to have all three of them on board.
NARI Presentations
On July 18, 2018 Shareholder Scott Mangum and Associate William M. Kaufman will be giving a presentation for NARI regarding new laws impacting California contractors, rights, remedies, and common occurrences when you are forced to pursue litigation or arbitration in a construction matter. The presentation will focus on the importance of maintaining a proper Home Improvement Contract, including common pitfalls and omissions, and new laws, including AB 1701 (now Civil Code Section 8018). Valuable insight regarding settlement dynamics will also be discussed, including informal settlement consideration and creative litigation strategies and tactics when your company has to pursue or defend a lawsuit.
Employment Law Presentations
SMWB is proud to present a series of employment seminars designed to instruct employers on the best ways to protect themselves from violating California employment laws such as 1) misclassification of exempt employees and independent contractors; 2) wrongful termination and retaliation; 3) failure to properly pay employees for all hours worked; 4) wage statement violations; and 5) failure to provide proper meal and rest breaks. Please contact SMWB for information and additional dates.
NEWS
SMWB Successfully Defeats Certification of Class Claiming California Wage & Hour Violations
SMWB is defending a local roofing company and its owner in a lawsuit brought by two former employees alleging various piece work and off-the-clock wage and hour claims. Kurt E. Wilson and Rachael E. Brown successfully opposed plaintiffs’ motion to certify the two putative classes of employees and former employees. In the United States District Court’s detailed order, the judge denied plaintiffs’ motion in its entirety, adopting SMWB’s arguments and finding that plaintiffs fatally failed to meet the legal standard for class certification set forth in FRCP 23. The court’s ruling is a significant breakthrough in SWMB’s defense of the ongoing litigation, as it limits the case to the two named plaintiffs.
SMWB Wins Groundbreaking Internet Libel Victory, Rendering Statute Unconstitutional.
In 2012, SMWB won dismissal of Summit Bank’s internet libel case against SMWB’s client, resulting in dismissal of the case and full reimbursement of the client’s attorney’s fees. Additionally, as a result of SMWB’s efforts, California’s criminal bank libel statute (Cal. Fin. Code 1327) was rendered unconstitutional. Summit Bank v. Robert Rogers, (Cal. App. Ct. 2012) 206 Cal. App. 4th 669; 142 Cal. Rptr. 3d 40; 2012 Cal. App. LEXIS 633.
SMWB Successfully Defends Silicon Valley Executives
At a bench trial, Sweeney Mason Wilson & Bosomworth successfully defends Silicon Valley executives accused of securities fraud by former investor.
SMWB Successfully Resolves Fraud Claims, Resulting In $1,000,000 Settlement
In December, 2011, Joseph M. Sweeney, Kurt E. Wilson and Scott A. Mangum successfully mediated a matter in which their clients, a local businessman and his company, received a $1,000,000 settlement.
