Downey Brand

Navigating probate litigation can be tricky, especially when nonlitigating beneficiaries can benefit without doing any work or paying for a lawyer. However, in a recent holding in Asaro v. Maniscalco, the California Court of Appeal ruled that double damages from a wrongful property claim could go exclusively to the litigant, not the entire trust, when fairness demands it. Sean McKissick highlights in his latest post that such a decision sends a clear message: in probate court, not everyone gets to ride for free.

Check out the blog and read Sean's latest post here: https://bit.ly/3z3rZJC

Last week, as part of our annual Back-to-School Drive, we were thrilled to donate 40 new backpacks and a variety of school supplies to the Boys & Girls Clubs of Greater Sacramento for its “Stock the Club” Back-2-School distribution event, which collects school supplies to offset the cost families incur as kids go back to school as well as throughout the school year.

The Boys & Girls Clubs of Greater Sacramento is dedicated to providing a safe place for our region's youth to learn, grow, and thrive. Together with their generous supporters and dedicated community partners, the Club provides life-changing programs that support the academic, physical, and emotional development of kids and teens. The Boys & Girls Club works to ensure that every young person that walks through its doors graduates on time, is living a healthy lifestyle, demonstrates good character and citizenship, and develops the skills and confidence needed to accomplish their dreams.

Thank you to the Downey Brand team for making our Back-to-School Drive a success, and for helping us ensure that kids and teens in start their first day with all the supplies they need to succeed. Wishing all of the kids the very best school year!

You can learn more about the Club and how to help here: https://lnkd.in/d8S5kbWS

Downey Brand is pleased to announce that Best Lawyers® 2025 recognized 44 Downey Brand Lawyers, including four who received the highly acclaimed “Lawyer of the Year” honor.

2025 "Lawyer of the Year" honorees include Jay-Allen Eisen (Sacramento) for Appellate Practice, Tyson Hubbard (Sacramento) for Trusts and Estates Litigation, Kevin O’Brien (Sacramento) for Water Law, and William Warne (Sacramento) for Personal Injury Litigation.

You can view more information about our full list of Best Lawyers in America® and Best Lawyers: Ones to Watch here: https://lnkd.in/gKKxSfHF

Congratulations, everyone!

We are thrilled to support Fairytale Town’s annual Tales & Ales Brewfest fundraiser on Saturday, August 24! Join us for yet another magical evening of local craft beverages, live music, family fun, prizes, and more. All proceeds from this all-ages fundraiser will go toward Fairytale Town’s education programs and park improvements.

Visit the Fairytale Town website to find out more and purchase your tickets: https://lnkd.in/gBSGQJkx

We hope to see you there!

The California ISO has unveiled a 20-year plan to transform the state's electricity grid, aiming to achieve 100% renewable energy by 2045. This ambitious project involves connecting 165 gigawatts of new renewable energy sources, including offshore wind, solar, and energy storage. As California electrifies transportation and industry, peak electricity demand is expected to rise significantly, necessitating extensive grid upgrades estimated to cost between $45 billion and $63 billion. The CAISO intends to meet with stakeholders this year to make this vision a reality, moving us closer to a sustainable, zero-carbon future.

You can read more here: https://bit.ly/3WChbd8

Downey Brand contributors: Brian Cragg and Christopher Marelich

This Thursday, August 8, from 3 to 4 PM, Downey Brand partner Kristin Capritto will host a free informational seminar titled "Paws and Reflect About Your Estate Plan to Prevent Roars and Rows." As part of the Sacramento Zoo's Estate Planning Safari, Kristin will guide you through a jungle of important topics to help you secure your future. We’re excited to have you join us for this informative event!

We are thrilled to support Ballet22 and dancer Victor Maguad at the upcoming Summer Season, August 9-11. It's not too late to secure your tickets for a show you won't want to miss.

Founded by Roberto Vega Ortiz and Theresa Knudson, Ballet22 exists to push the boundaries of what is possible in ballet by focusing on producing and presenting works, ranging from classical to contemporary ballet, that break gender normative traditions. The company is dedicated to creating opportunities for men, mxn, transgender, and non-binary artists to perform professionally “en pointe” and guided by values of inclusivity of body type, gender identity, and race.

To learn more about Ballet22 and purchase your tickets, please visit their website: https://bit.ly/3WR1Oht

Fostering diversity and supporting the next generation of legal professionals is a core part of our DEI efforts. Last Friday, we had the pleasure of hosting the annual summer luncheon for the UC Davis School of Law King Hall Outreach Program (KHOP). We welcomed Joe Schneider, the school's Director of Admission and Outreach, and a record 31 students, many of whom were experiencing a law firm environment for the first time.

As a proud KHOP supporter, we had a wonderful time hosting this great group of students and look forward to our continued partnership. To learn more about this event and the KHOP program, click here: https://bit.ly/46j0sAg

In his newest post, trust and estate attorney Sean McKissick discusses a recent appellate decision in Trotter v. Van Dyck. In this case, the appellant's counsel took the true gymnast’s path of artistry and attempted to argue for the validity of an unsigned trust amendment based on a series of emails. Despite his creativity, the court ruled that California law does not allow for any form of electronic signatures on testamentary documents—a decision raising a larger question about electronic signatures and trust amendments.

Check out the blog and read Sean's latest post here: https://bit.ly/4f6zjVd

We are officially more than halfway through our hashtag program! This year’s summer associate class has been learning a lot and contributing their time, skills, and perspectives to help our clients achieve what matters most. In addition, they are gaining hands-on experience working on a variety of challenging and interesting projects in different areas of law, all while getting to know our wonderful staff and attorneys both inside and outside of the firm. Thank you Elyse Carpenter, Marino Dominguez, Joseph Gregory, Katrin McDonell, Dustin Messner, Cassidy Riedel, Ryan Rodriguez, Zack Schiffer, and Ulises Solis for all of your hard work – we are excited to see what opportunities the rest of summer has in store.

Check out some fun facts about this great group!

Last week, Governor Newsom signed AB 2288 and SB 92, amending California’s Private Attorneys General Act (PAGA). These changes, effective for PAGA notices sent on or after June 19, 2024, aim to provide relief to employers by introducing stricter standing requirements for plaintiffs, expanded cure opportunities, and reduced penalties for compliant employers. Key updates include limiting plaintiffs to pursue penalties only for violations they personally experienced, broader options for employers to cure past violations, and increased chances for early settlement.

Employers should promptly review their wage and hour practices to mitigate potential PAGA claims.

You can read the full update by attorneys Alex LaFountain, Cass Ferrannini, and Daria Gossett here: https://lnkd.in/gE9D3UXD

In a landmark decision, the Supreme Court has overruled the Chevron doctrine, significantly shifting the landscape of administrative law. The decision means courts will no longer defer to federal agency interpretations of ambiguous statutes, potentially leading to increased litigation and regulatory uncertainty.

You can read the full summary by authors Christopher Marelich and Kathryn Oehlschlager here: https://bit.ly/45Q4waJ

Meet the newest member of Downey Brand's water and natural resources team! Ernest Conant joins us with an impressive background in water law, most recently holding the position of Regional Director for the California-Great Basin Region at the Bureau of Reclamation, U.S. Department of the Interior. His vision and leadership have been pivotal in managing some of the most important infrastructure and water projects throughout California, Nevada, and Southern Oregon, particularly those involving water rights and supply, endangered species, and environmental challenges.

Join us in welcoming Ernest to the firm!

Learn more about Ernest here: https://bit.ly/3ROv1Yr

Downey Brand is pleased to announce that 41 attorneys were named 2024 Northern California Super Lawyers and Rising Stars—congratulations! You can read more about honorees here: https://lnkd.in/gdmDHTxA

We would like to wish Jessica Wise a very happy 10th work anniversary! Thank you for all of your hard work, dedication, and amazingness. Downey Brand is lucky to have you!

Want to prevent family feuds over your estate? Spoiler alert: it's nearly impossible, according to trust and estate attorney Sean McKissick in his most recent post. Sean discusses a specific case, Key v. Tyler, which despite a strong no-contest clause in the trust, has been tied up in litigation for 13 years! The lesson to be learned is that even the best estate planning can't guarantee peace — when it comes to preventing disputes, the smallest amount of hubris can lead to long, ironic battles over your intentions. So, be careful not to fly too close to the sun.

Check out the blog and read the latest post here: https://bit.ly/4exnAyr

We would like to congratulate partner Kelly Breen on her 5th work anniversary at Downey Brand. We appreciate all that you do and are so happy to have you as part of our litigation team!

Congratulations to our managing partner, Janlynn Fleener, for being selected as a 2024 Women Who Mean Business Awards honoree. This prominent recognition, presented by the Sacramento Business Journal, celebrates dynamic, accomplished, and influential businesswomen in the Sacramento region. We can't think of a more deserving honoree!

We look forward to celebrating Jan and the other incredible women honorees at the Women Who Mean Business luncheon next week.

You can learn more about Jan here: https://bit.ly/3yO7EI1

Attorneys in Downey Brand's water law practice group achieved resounding success on behalf of a large group of Sacramento River Settlement Contractors, agricultural, municipal, and industrial water users who hold senior water rights to farm rice and other crops in the Sacramento Valley.

Downey Brand partner Meredith Nikkel argued the nearly 20-year-old case in its second round of review before the Ninth Circuit Court, who ruled against the in their lawsuit over long-term water supply contracts for California's Central Valley Project. The court found that federal agencies complied with the when renewing these contracts, ensuring water stability for the Sacramento River users while protecting endangered species, and hopefully resolving a complex and longstanding water resource dispute.

Downey Brand contributors: Meredith Nikkel, Kevin O'Brien, and Nicolas Chapman

We are thrilled to welcome nine summer associates from six different law schools to the firm this week! Please join us in welcoming this talented group of law students making up our 2024 hashtag program! You can learn more about the summer associates here: https://lnkd.in/dH-RXVeP

Here's to a successful summer ahead at with Ulises Solis, Zack Schiffer, Ryan Rodriguez, Joseph Gregory, Dustin Messner, Cassidy Riedel, Katrin McDonell, Elyse Carpenter, and Marino Dominguez!

Last week's mixer, co-hosted by Downey Brand and after the first full day of the Pacific Offshore Wind Summit in Sacramento, was a fantastic opportunity to catch up with friends and colleagues and make new connections. We want to thank everyone who was able to join us and give a special shout-out to SMICs for helping us organize another wonderful event! We are looking forward to seeing everyone again next year.

Downey Brand is pleased to announce that Galen Gentry has joined the firm’s litigation department as counsel. Known for his pragmatic approach to problem-solving, Galen is an accomplished litigator with extensive experience prosecuting and defending claims in state, federal, and bankruptcy courts, both at trial and on appeal.

Welcome to the team, Galen. We are excited to have you on board!

Learn more about Galen here: https://bit.ly/3WQlW4S

Downey Brand partner and water law attorney Rebecca Smith was recently featured by Maven's Notebook in an article about her panel discussion, "Water Rights Enforcement in California," at the 20th Annual Water Law Symposium organized by McGeorge School of Law. The article explores the complexities of California's water system through Rebecca's insights on water rights, proposed legislation, data and improvement efforts, and the State Water Board’s enforcement powers, including legislative measures aimed at strengthening regulation in this area.

You can read the full article here: https://lnkd.in/gb3YmwzY

Downey Brand is proud to sponsor and compete in the Sacramento Area Bicycle Advocates (SABA) Bike Month Challenge! We are halfway through May, and our team of attorneys and staff is making every mile count toward supporting bike advocacy in our community by biking to work, hitting the trails, and enjoying leisurely rides through local neighborhoods.

With each ride, we use our teamwork and pedal power to make the Sacramento Region cleaner, greener, safer, and more livable. We are currently 1st place in the “law” category for workplaces with 50 - 199 staff members and 2nd place overall in the local rankings. If you’re feeling inspired, we encourage you to join us in the fun and switch a car trip for a bike ride, both for the planet and your health!

What sweeter way to connect with coworkers and enjoy the warmer weather than with some mid-afternoon ice cream? Last week, as part of our Well-Being Week In Law celebration, we focused on our social well-being and the importance of building connections, boosting belonging, and fostering reliable support networks with some scoops of our favorite flavors (and smiles all around). Thanks for rallying us together, Tyson Hubbard

Today marks our amazing chief financial officer, Pinky Vergara's 30th work anniversary at Downey Brand. Pinky is a superstar who has always been so helpful and supportive with every business strategy and financial decision. Thank you for your great dedication to this firm over the last three decades and for all that you do every day!

Downey Brand's water law team and others from the firm had a terrific time celebrating "above normal water conditions" with friends and colleagues during the Association of California Water Agencies (ACWA) annual spring conference in Sacramento. Thank you for joining us!

At this year's League of California Cities Spring Conference in Rancho Mirage, Downey Brand partner Kathryn Oehlschlager is teaming up with Jon Holtzman and Rubin E. Cruse Jr. of Renne Public Law Group for a session titled "(NOT) Burning Down the House." Their presentation will delve into the complexities of state laws promoting housing growth versus local policies safeguarding the environment and fire risk reduction. Don't miss out on the insights, case studies, and practical tools to navigate these competing interests. You can catch their presentation on May 8 at 1 PM.

The full conference agenda is available here: https://bit.ly/4aZXC4G

In its highly anticipated decision, the Supreme Court unanimously ruled in Sheetz v. County of El Dorado that legislatively-imposed conditions on building permits are not exempt from scrutiny and that the Nollan/Dolan test will now apply to all impact fees. The decision is a welcome relief to those who feel their projects are unfairly burdened by impact fees. However, one critical question remains unanswered, leaving both sides claiming victory.

Read more about this significant legal development in our latest blog post by Downey Brand partner Andrew Skanchy: https://bit.ly/3xWItCx

Are you well-versed in Secretary of State filings, incorporation/dissolution procedures, UCC filings, and general securities law? We're seeking a Senior Corporate and Real Estate Paralegal to join our team at our Sacramento office. In this role, you'll support attorneys in real estate closings, including ordering, reviewing and clearing title, preparing closing statements and documents, and handling closings and post-closing work. If you're a detail-oriented, critical thinker, and a strong communicator who thrives in a fast-paced environment, we'd love to hear from you!

Interested? Check out our job posting here: https://lnkd.in/gTAXPZvP

You can also apply directly on our website here: https://lnkd.in/ggyT-5Qa