News & Events

A floating easement is a general right to use and/or enter another person’s property for a specific purpose. It allows access but does not clearly define the location and dimensions of the easement, so the owner can change the access route. Sometimes, this floating easement can become a permanently-located easement without the owner’s knowledge. This creates two problems: When property is newly acquired, the owner may believe that an easement is floating (no clear definition of location and dimension) when in fact the easement has become a permanently-located easement with a specific location and dimensions. It may not be possible to change the easement route. This may create a problem later on when the new owner tries to change the access. The existing owner may believe that an easement’s route can be adjusted when in fact it is now a permanently-located easement. The California Court of Appeal recently provided some clarity to this issue. Southern California Edison Company v. Steven Severns is unique in that the dispute was whether a floating easement right, which Southern California Edison Company (“SCE”) had, became a permanently located easement. This recent case provides a strong reminder of how seemingly innocent property situations can become complicated legal disputes with crucial deadlines. In the case, SCE previously placed electrical power poles on the involved property, which Severns acquired in 2006, pursuant to three recorded easements granted to SCE by previous landowners. While the location of the utility easements was expressly defined in the recorded instruments, the […]

Hoge Fenton is pleased to announce that our Executive Director, Grace Carr Lee, was named the Santa Clara County Legal Professionals Association’s Boss of the Year for 2019! Grace received the award on October 8, 2019 at the Annual Day in Court and Bosses’ Night held in San Jose. Grace is an active member of the Association of Legal Administrators, Silicon Valley Chapter. She also is a member of the Membership & Standards and Risk Management Committees of PilotLegis, the Legal Marketing Association, and the Santa Clara County Bar Association. Grace has been a member of Hoge Fenton’s administrative team since 1999. “Exceptional and passionate people make great companies,” said Managing Shareholder, Dan Ballesteros. “Grace’s passion and commitment to excellence have helped make Hoge Fenton a special firm for our clients and our employees. We are grateful for the valuable contributions she has made over the years, and congratulate Grace on this well-deserved honor.” For more about Grace, click here.

Hoge Fenton is pleased to announce that Amy Embert of our IP Group made the list of Top 50 Women Patent Practitioners in PTAB Trials list. The PTAB Bar Association just published its Top 50 Women in PTAB Trials list, as part of a two-year long focus on women practicing before the Patent Trial and Appeal Board of the United States Patent and Trademark Office. It recognizes women patent practitioners in private practice or at companies who have appeared in the highest number of PTAB trial proceedings since 2012. Amy made the list because she has represented patent owners or petitioners in multiple Inter Partes Review (“IPR”) proceedings relating to patents in the medical device, software, and wireless communications fields. To read more about the Top 50 Women in PTAB Trials , click here.

Last week, on October 11, Governor Newsom signed into law 7 bills amending California’s privacy legislation, 5 bills of which amend the CCPA. The 7 amendments are summarized in the chart below. Also last week, on October 10, California’s Attorney General published the text of its proposed regulations to enforce the CCPA. Interested parties have until December 6, 2019, 5:00 p.m. PST in which to submit written comments either at public hearings, by mail or by email ( PrivacyRegulations@doj.ca.gov ). Hoge Fenton is continuing to monitor the developments of the California Attorney General’s draft regulations to enforce the CCPA. Stay tuned for an update after December 6. Our attorneys are available to discuss how this landmark legislation and its enforcement regulations affect businesses handling the personal data of California consumers. For questions regarding CCPA or any other privacy laws and regulations, please contact Stephanie O. Sparks, Shareholder, Chair – Privacy & Data Security and IP.