Honors

Steve Shaw was appointed to the New Lawyers Division Board of Governors for the American Association for Justice (AAJ, formerly ATLA).

On March 30, 2007 the Marin Institute will honor Renne Sloan Holtzman Sakai, the Public Law Group, for its work in combating the illegal sale of alcohol to minors in California. For the past two years, the Public Law Group has brought pro bono litigation against the California Department of Alcoholic Beverage Control and the State Board of Equalization challenging their treatment of “alcopops,” – sweet, distilled-spirit laden beverages – as beer. The improper classification, regulation, and taxation of these alcoholic beverages makes them easier to find and easier to purchase by their target market – young teens who do not like the taste of beer or liquor. The Public Law Group is committed to ending these state agencies’ refusal to perform their duties under California’s alcoholic beverage control laws.

Emily Prescott has been appointed to a four-year term on the Executive Committee of the State Bar of California Labor and Employment Law Section. Congratulations Emily!

Recent Victories

June 2, 2008, COURT AFFIRMS FREE SPEECH RIGHTS OF CHINESE NEW YEAR PARADE ORGANIZER
Rules Against Falun Gong Again, Orders It To Pay Chamber’s Fees

Victory Against the Alcohol Industry

On August 14, 2007, Public Law Group attorneys working with a broad coalition of public entities, public interest groups, and law enforcement agencies throughout California convinced California’s State Board of Equalization to properly tax alcopops – sweet, carbonated alcoholic beverages popular among teenage girls – as distilled spirits.

Sacramento, California

August 14, 2007

In a 3-2 decision led by California State Controller John Chiang, the State Board of Equalization today voted to adopt a regulatory scheme that classifies distilled-spirit laced alcopops – self-servingly referred to as “flavored malt beverages” by the industry – as distilled spirits, making these products more expensive, and consequently less appealing to minors. In a prepared statement, Chiang said that "Flavored malt beverages should be taxed as distilled spirits because they fall under the category of distilled spirits, as written in California law.” Chiang added that “While today's vote is about fair taxation, taxing flavored malt beverages as liquor will also help reduce their popularity with young people by simply pricing the product out of their reach."

Today’s decision is the first step towards correcting the Board’s decade-long misclassification of alcopops. Under California law, any alcoholic beverage containing distilled spirits is a distilled spirit for all purposes, and must be taxed as such. Although the Board itself reached this conclusion in 1997, and was directed to classify and tax alcopops as distilled spirits by the California Attorney General in 2005, the Board has historically chosen to accept manufacturers’ representation that their products are “beer.” The Public Law Group filed a lawsuit against the Board on behalf of the County of Santa Clara and an individual taxpayer in November 2006 seeking to compel the Board to correct this misclassification, and is proud to have contributed to this change.

The other members supporting the decision to change the Board’s regulatory scheme were Betty Yee and Judy Chu.

For further information regarding this matter, please contact Scott Dickey, Jonathan Holtzman, or call 415-678-3800.

RSHS attorneys Randy Riddle and Steve Cikes recently achieved an important victory for the First Amendment right of nonprofit organizations to protect the content and integrity of their protected speech. The Falun Gong, a self-cultivation group that originated in China, recently brought an action in San Francisco Superior Court challenging the Chinese Chamber of Commerce's decision to exclude the group from participating in the Chamber-produced San Francisco Chinese New Year Festival and Parade, which is dedicated to celebrating the Chinese New Year holiday as well as the Chinese history and culture. RSHS, on behalf of the Chamber, filed an "anti-SLAPP" motion seeking to dismiss the claim against the Chamber on the ground that the lawsuit operated to chill the Chamber's First Amendment rights. The court not only granted the motion but also awarded the Chamber attorneys' fees and costs.

RSHS attorneys Charles Sakai and Randy Riddle recently won a significant victory for the City of Richmond, clarifying the City's prerogative to set firefighter staffing levels under the Meyers Milias Brown Act. Citing Vallejo, the City’s firefighter union argued that the City was required to negotiate both the decision and the effects of a the decision to reduce firefighter staffing levels. Before PERB, we successfully argued that the decision to reduce firefighter staffing levels and lay off firefighters is a management prerogative, and we successfully defended that decision in both the Court of Appeal and trial court.

News

“Congratulations to our very own Superlawyers: Louise Renne, Jeffrey Sloan, and Jonathan Holtzman.”

February 9, 2009: Renne Sloan Holtzman Sakai LLP and the Vinick Law Firm Team Up with Former San Francisco Mayor Willie Brown in Civil Rights Case Against National Fitness Chain 24 Hour Fitness

December 5, 2008: Renne Sloan Holtzman Sakai LLP is pleased to announce its collaborative alliance with Laughlin, Falbo, Levy & Moresi LLP, a leader in California workers’ compensation defense. Through this innovative alliance, our clients will have access to legal professionals with expertise in providing workers compensation advice and litigation services.  Labor and employment matters frequently involve cross-over workers’ compensation issues and this unique service model will foster coordination and cooperation between these fields of law. For more information, please contact Senior Labor and Employment Counsel Nikki Hall at (415) 678-3800 or nhall@rshslaw.com. To learn more about Laughlin, Falbo, Levy & Moresi, please visit their website at www.lflm.com.

October 31, 2008: The Sacramento Offices of Renne Sloan Holtzman Sakai LLP have moved

Events

CALPELRA 2009 PRESENTATIONS

November 4, 2009: “Through the Looking Glass:  Bargaining Under chapter 9 Bankruptcy” Panel:  Sandy Salerno (Chief Negotiator), Charles Sakai (RSHS), Michael Weed (Orrick) – Wednesday 11/4 3:45 – 5:00 pm

November 5, 2009: “Sonoma County’s Success Story:  A Template for Negotiating and Implementing Systemic Changes to Relieve OPEB Liability” Presenters: Ann Goodrich; Tom Morrison; Dania Wong; Charles Sakai
Thursday 11/5  3:45 – 5:00 pm

November 4, 2009: “Modern Mediation Techniques for Avoiding the Risks and Adversity of Employment Litigation” Panel:  Jon Holtzman and TBD Wednesday 11/4 10:20 – 11:35 am

November 5, 2009: “Accommodating Religion in the Workplace” Presenters:  Emily Prescott and Nikki Hall Thursday 11/5 2:10 – 3:25 pm

November 5, 2009: Meyers Nave: “Hot Topics in Labor and Employment Law” Presenters: Art Hartinger and Jon Holtzman Thursday 11/5 3:45 – 5:00 pm

October 29 & 30: Charles Sakai will be presenting on Labor Relations at the Municipal Managers Association of Northern California Annual Conference at the Inn at Squaw Creek in Lake Tahoe

October 23, 2009:  Tim Yeung will be giving the “Public Sector Update” at the Annual Meeting of the State Bar Labor & Employment Section at the Claremont Hotel in Berkeley, CA