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News Archives

March 2010
U.S. Supreme Court Renders Opinion on PMPA's Constructive Terminations & Non-Renewals
Eventually, all questions get answered - a couple we had as to protections under the Federal Petroleum Marketing Practices Act 15 U.S.C. ยงยง 2801, et seq., ("PMPA" or "Act") were recently answered by the United States Supreme Court with Justice Alito's rendered opinion in Mac's Shell Service, Inc. Read more...

April 2009
USCIS Requires Employers to Use Revised Form I-9
As of April 3, 2009, the U.S. Citizenship and Immigration Services (USCIS) is requiring all U.S. employers to use the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09). Previous versions of Form I-9 may no longer be used.  Read more...

March 2009
2009 Sales and Use Tax Rate Increase
The California sales and use tax rate will increase by 1%* effective April 1, 2009. To determine the sales and use tax rate for your area please see the Special Notice published by the California State Board of Equalization. Read more...

March 2009
Not in Compliance with EVRII? What Now?
The deadline for the addition of equipment to meet the new Enhanced Vapor Recovery II regulations is almost here. If you are still waiting for permit approval or haven't decided on the Franklin Healy or VST system or a contractor, then you're probably not going to make the deadline. Read more...

February 2009
Legislature Passes Budget, Without New Gas Tax
After more than 100 days in a special session that ended in a 45 ½-hour lockdown, the single longest Senate floor session in California history, the California Legislature voted early this morning to approve a massive budget package of tax increases, spending cuts and borrowing to close a $40 billion deficit after granting major concessions to one holdout Republican senator. Read more...

January 2009
Cleanup Fund Payments Frozen
It was reported in Oil Express that state officials in Sacramento say they will not pay out on any existing tank cleanup claims for perhaps as long as 30 months, citing "a downturn in the economy" and other factors. Read more...

CGB Reports

  ConocoPhillips - Pacific Convenience & Fuel Deal
What Does the "Consent To Assignment of Right of First Refusal" Mean?
Pacific Convenience & Fuel (PC&F) has sent out its second letter titled "Consent To Assignment of Right of First Refusal." In the letter it refers to either an assignment or waiver of the ConocoPhillips dealer's legal rights, interchangeably. The distinction may be important later in determining whether this agreement is actually legally binding or not.
Read more | Download PDF


Special Report: Business Marketing
Legal Considerations for Lotteries and Contests
Our clients sometimes ask us to review rules for contests designed to attract new business or reward current customers. Businesses desiring to conduct such contests must be very careful not to violate California's laws against lotteries.
Read more | Download PDF

  Special Report: Real Estate
Small Claims Court
There is a forum for relief that will not cause an entity to incur legal fees to protect their interest against the wrongful act of another. The forum is small claims court.

Read more | Download PDF
  Special Report: Auto Repair Dealer Alert
Consumer Enforcement Watch Corporation Lawsuits against Auto Repair Shops
Questions and Answers

Read more | Download PDF

  "Price Gouging"
What is it and when is it illegal?
Disruption in the refining, supply and distribution system of motor fuels often results in price spikes, shortages and even government allocation. The news media, consumers and government officials are quick to claim "price-gouging" but what is it, and is it different from "price fixing?"
Read more | Download PDF
  Changes in Business Tax Laws for 2001
To update you on what's new in the tax rules, here's a summary of the major changes for 2001. This is intended to give you an idea of what tax changes may help you or hurt you when you sit down to prepare your 2001 tax return next year. It isn't a substitute for that yearly trip to your accountant's office.
Read more | Download PDF

CGB Lawletter


August 2006
Branded Dealer Special Report

Retailers Prevail Over IRS In Federal Appeals Court Battle
Upfront Cash a Win for Marketers: The California 9th Circuit U.S. Appeals Court has ruled in a retailer's favor in the battle with the IRS over how to treat upfront cash advanced by suppliers to upgrade or rebrand retail outlets. Read more...

  March 2006
Branded Dealer Special Report

Supreme Court Throws Out Dealer Anti-Trust Suit Against Shell and Texaco
Texaco v. Dagher, No. 04-805 (U.S. Supreme Court, February 28, 2006.): Several lawsuits were filed in the wake of the 1998 combining of Shell and Texaco's marketing buisnesses. Probably the last active lawsuit was thrown out by the U.S. Supreme Court in a unanimous decision written by Justice Clarence Thomas. Read more...

September 2004
Important Information and Advice for Gasoline Retailers

Texas Supreme Court Rejects Shell Dealer Class Action Claims Against Equilon
Pricing Class Action Killed: More than 400 dealers in 17 states filed a class action against Equilon over four years ago. They saw their case dismissed by the Texas trial court, then resurrected by the state appeals court, and now killed by the Texas Supreme Court. Read more...

  November 2001
Important Information and Advice for Gasoline Retailers

No Relief for Negligent Failure to Sign Franchise Renewal
In a harsh ruling, the U.S. District court in Massachusetts refused to reverse the nonrenewal of a Motiva dealer who misplaced her franchise renewal and forgot to sign it. Read more...


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