Scherer Smith & Kenny LLP serves mid-sized and fast-growing entrepreneurial companies.  From complex litigation to business, real estate, intellectual property and employment law, our team brings strategic thinking, pragmatism and intense dedication to our clients’ success.

Scherer Smith & Kenny LLP Elevates Two to Partnership

We are pleased to announce the well-deserved elevation to Partner of Heather G. Sapp and Ryan W. Stahl.  Both Partners have spent the vast majority of their practice here at Scherer Smith & Kenny.    

Heather, a graduate of UC Berkeley and USF School of Law, joined us as an associate in 2008, while Ryan, a graduate of Indiana University and UC Davis School of Law, joined our firm as an associate in 2011.  

Heather will continue to specialize primarily in the areas of corporate, intellectual property and trusts and estates law.  Ryan will continue to specialize in litigation and employment law matters.

Both Heather and Ryan have been valued colleagues over the years, and we are thrilled to have them join our partnership and continue their outstanding service to our clients.  

Partner Notes

As we embark into 2023, it is welcomed to see green grass, rain and mountain snow in northern California.  I have always been interested in weather.  I still remember in my early childhood years watching the local news “meteorologist,” Pete Giddings, on the Bay Area Channel 7.  He was quite the personality and prompted me to learn, by looking at one of our Encyclopedia Britannica’s, about “meteorology.”  I really liked to watch Pete Giddings dramatically place colorful magnets depicting rain, snow, sun, fog and wind on the map starting with national weather, moving to California weather and ending with the local Bay Area weather.

I was especially intrigued by extreme weather events such as blizzards and record breaking high and low temperatures.  More times than not, International Falls, Minnesota, would seem to have the low temperature in the country on most Winter days (and Death Valley would typically take the helm for highest daily temperature).  My parents fondly remind me that I often told them that I wanted to move to International Falls when I grew up so I could build an indoor gym with a full court basketball court where I could play hoops all day (my childhood basketball hero was Chris Mullin, then at St. John’s University).  When they asked why I thought moving to International Falls would be a good place to play basketball in a gym all day, I told them “because I wouldn’t feel guilty about not wanting to go outside in the nice weather to play…”  The mind of a child is pretty deep sometimes, isn’t it?

As I grew through adolescence and into adulthood, my weather fascination remained and evolved.  I think that one of the reasons I really love snow skiing is that it matches my interest in tracking the “powder” snow dumps at various resorts across the US and internationally. (I love skiing on the “powder highway” of resorts in British Columbia including Whistler, Red Mountain, and Revelstoke).  My weather fascination may also partly explain my ongoing interest in voraciously reading books and articles and watching documentaries covering extreme, high altitude climbing with Everest, K2 and Annapurna being my three favorite mountain expeditions to read about.  I have always wanted to climb one of the 8,000 meter peaks with Everest being the most popular.  I remember meeting a group of climbers when my wife and I were vacationing in Thailand.  The group, which was led by a family who owned a chain of sporting good stores in Washington, told amazing stories about their just-completed, successful ascent of Makula, an 8,000-plus meters peak located in Nepal.  My wife and I, meanwhile, were on our way to Nepal to do a hiking trek in the Annapurna region, which we thought- -before hearing these climbing stories—was fairly adventurous.

I suppose my weather fascination is a nice reprieve from the daily stressors of life.  I view the changing seasons as a reminder of events in my life and a precursor for future adventures.  Here’s to hoping all of you have some distraction and interest in your daily lives that brings you peace and solace. 

Written By Denis S. Kenny

2023 Employment Law Updates

California has once again passed several new employment laws that became effective January 1, 2023.  In this survey article, we highlight (1) state minimum wage increases, (2) the new “designated person” addition under California paid sick leave and the California Family Rights Act (CFRA), and (3) expanded bereavement leave.  California’s new pay transparency law, also effective January 1, 2023, is discussed in a separate article in this issue of Perspectives.

SB 1162 - California's New Pay Transparency Law

On September 27, 2022, Governor Newsom signed SB 1162. The new law, which became effective January 1, 2023, has broad new requirements for all California employers regarding the tracking and retention of employee pay information.  Additional, more onerous requirements are detailed for employers depending on their number of employees, as outlined below.

Director Election Timeline for Common Interest Developments

In light of recently enacted legislation, it is now never too early for common interest developments (planned unit developments, condominium complexes, stock cooperatives, and community apartment projects; collectively, “CIDs”) to plan for the next election of their respective directors.

We previously wrote to you about Civil Code Section 5103 when it became effective on January 1, 2022.  The statute gives all CIDs the option to elect directors by “acclamation.”  Election by acclamation is now possible when the number of candidates vying for election to the board equal or are less than the number of open seats.  In these circumstances, the board may vote to seat all candidates to the vacant seats rather than carry out an election by the members through secret ballot voting.

NFT and Trademark Law

While the world of trademark law and NFTs (non-fungible tokens) is still in its infancy stage, some clarity can be gleaned from a recent federal ruling in New York. 

For those of you who do not know, NFTs are a unique digital identifier that can be used to certify authenticity and ownership, as well as provide future rights to the original creator.  When used in the art context, it can allow the creator of a digital image to sell that image, establish its authenticity and ownership as legitimate and then, depending on how it is set up, earn future royalties when the image is subsequently sold.   Other benefits can be coupled with it as well, such as an artist giving future owners of the NFT early access to concert events or other special benefits.