Due to the pandemic, the California legislature paired down the laws it adopted in 2020. Nonetheless, all dealers should be aware of the following changes to laws and regulations, and adopt appropriate changes as necessary.

Data Privacy Day is January 28, 2021 and is an international effort to empower people to protect their personal data and privacy, particularly online. According to Cybint, a global cyber security educator, 95 percent of cybersecurity breaches are caused by human error. The practices that help protect individuals’ security online will also help protect businesses, so on this day let’s review the most powerful and simple steps everyone can take to secure their own data and that of their customers who entrust them with it.

The Governor’s Office announced this morning that the Regional Stay At Home orders are now lifted in all regions across the state. This means that retailers should return to operating under the Governor’s Blueprint for a Safer economy that currently allows up to 25 percent capacity in stores in most counties.

Scali Rasmussen Founder and Managing Shareholder Christian Scali has been elected to the Board of Governors of the Italian American Lawyers Association (IALA). The IALA, a Los Angeles-based bar association, was founded in 1977 as an organization of Italian American lawyers through a generous donation from Frank Sinatra. They are known for outstanding speakers, authentic Italian meals, and an energy that is unique to the IALA.

Wards Auto looked to Scali Rasmussen shareholder Monica Baumann for the latest information on COVID-19 compliance. Her article, How California dealers can meet COVID-19 compliance in 2021, is featured in the Dealers section of their website.

Scali Rasmussen PC announces today it has bolstered its litigation capabilities with two additions: Colleen O’Brien, a veteran trial lawyer and former military prosecutor, and Barbara R. Adams, a civil litigator and trial attorney. O’Brien and Adams each join the litigation and trial powerhouse firm as Principal: O’Brien in the Los Angeles office and Adams in Oakland. The firm’s growing bench of trial attorneys includes recognized courtroom advocates who have litigated and tried multimillion, “bet the company” lawsuits.

The federal government, State of California and local jurisdictions have all adopted and modified laws relating to COVID-19 in the last several months to respond to the spike in COVID-19 cases. This article reviews these recent laws to provide dealers in California with a complete picture of how to comply with COVID-19 in 2021.

Congress passed a new spending bill, the Consolidated Appropriations Act of 2021 (“Spending Bill”) this week that includes multiple provisions to address the ongoing economic impact of the COVID-19 crisis. President Trump is expected to sign the bill. This update summarizes changes applicable to our clients and suggests best practices going forward in 2021.

State officials announced today, Saturday, December 5, 2020 that the new Regional Stay Home Order will go into effect in the Regions of Southern California and San Joaquin Valley at 11:59 PM on Sunday, December 6. That means dealerships opening on Monday, December 7 will need to comply with the Order.

At a joint press conference today, December 4, 2020, Health Officers for the Counties of Alameda, Contra Costa, Marin, San Francisco, and Santa Clara as well as the City of Berkeley announced that they are adopting the Governor’s Regional Stay Home Order ahead of schedule. While the Bay Area region is estimated to reach the 15% Intensive Care Unit (ICU) capacity later in December than all other regions in the state, these specific Health Directors stated that they think now is the time to act.

Over the last 24 hours, state and local governments have issued new guidance for residents and businesses to prevent the continued spread of COVID-19 in the state. Here is an overview of the most recent guidance and its likely impact on dealership operations.

As COVID-19 cases continue to spike across the state, the regulatory landscape is once again changing as local and state authorities try to stem the tide. Look here for information about new requirements that may apply to your dealership.

Scali Rasmussen has been included in the Los Angeles Business Journal's 2020 list of "Most Admired Law Firms." The journal's Publisher and CEO Josh Schimmels says the list of LA's top firms to work for is comprised of "particularly outstanding law firms who are consciously working towards creating diverse, positive, and supportive environments to help drive the success of their attorneys."

Los Angeles County issued a temporary stay at home order on November 27, 2020 that will be effective Monday, November 30 and last through December 20. The order further limits business in the county and prohibits all gatherings of individuals from different households.

Among the most important features of the CCPA is that it vests most of the law’s enforcement with the California Attorney General’s Office. That means that private plaintiffs may not enforce most of the law’s provisions. This article looks at the tea leaves regarding the Attorney General’s enforcement to see what the future may hold.

As of November 6, 2020, it appears that California voters have approved Proposition 24, which will expand the reach and enforcement of the already groundbreaking California Consumer Privacy Act. With three-quarters of the anticipated votes counted, the measure is up by 1.5 million votes, a lead that is unlikely to be overtaken.

Scali Rasmussen Founder and Managing Partner, Christian Scali, is once again recognized as a nominee for the Los Angeles Business Journal's 2020 'Leaders in Law Awards.' The journal's Publisher and CEO, Josh Schimmels, states "the nominees have made great accomplishments within their organizations and communities and it is a privilege to recognize all the law professionals for their ongoing efforts and contributions in our Los Angeles market."

Earlier this year the Department of Defense rescinded its guidance effectively prohibiting the sale of GAP contracts to “covered” military borrowers. This is a victory for service members and their families, who will once again have access to financial products that protect them in the event of a total vehicle loss. This article covers the remaining requirements regarding the Military Lending Act and how dealers should design their compliance.

Data breaches continue to be among the biggest risks that businesses face today. This is due to both the prevalence of bad actors that seek to access and use consumer data for criminal purposes, as well as laws, such as the CCPA, that allow consumers to bring private actions against businesses for a data breach. One of the simplest steps a business can take to prevent a data breach is to limit access to sensitive data.

As we previously reported, last year, the California legislature passed AB 5, which codified the “ABC Test” under the Dynamex case to determine whether a worker qualifies as an independent contractor. Under the ABC Test, a worker is presumed to be an employee unless the employer can show that: A) the worker is free from the direction and control of the hiring entity, B) the worker performs work that is outside the hiring entity’s main business; and C) the worker normally performs work in an independent business or occupation that is in the same area as the work that the worker is performing for the hiring entity. AB 5 carved out some exceptions to application of the stringent ABC Test, under which the previous (and more lenient) test under the Borello case applies. Now, AB 2257, which took effect immediately, expands and clarifies AB 5’s previous provisions as follows...