Practice Areas

Regulatory / Administrative

 

BRB Law understands the demands facing regulated industries and helps companies comply with federal, state, and local statutes and regulations. We have experience with numerous administrative agencies at all levels, and we offer an expertise in regulatory and administrative process that cuts across sectors. Our diverse background equips us to confront a wide spectrum of regulatory problems, whether they are contentious and complex or straightforward, day-to-day compliance issues.

Public Utilities

 

BRB Law provides the full range of representation before the CPUC, including in ratesetting, quasi-legislative, and adjudicatory proceedings. We bring a deep knowledge of CPUC process, regulations, and procedural requirements and are equipped to advise public utilities on tactical options and advocacy strategies in these proceedings. This practice also extends to the Public Utilities Commission of Nevada (PUCN), where we handle ratemaking issues, rulemakings, compliance issues, and other issues facing Nevada public utilities. 

Telecom

 

BRB Law advises telecommunications carriers, broadband companies, and Internet Service Providers on communications law and policy issues, including market entry, network access, universal service, pricing, consumer, state-federal jurisdiction, and regulatory reporting matters. We advise entities regarding the intersection of Federal Communications Commission and state telecommunications regulations and represent communications and information services companies before state and federal agencies. We also negotiate and draft agreements impacting these providers, including interconnection agreements, easements, facilities licenses, financing agreements, and specialized contracts required to operate in the communications industry.

Energy

 

BRB Law counsels clients in the energy sector on a broad array of legal matters, including project development, asset management issues and transactional due diligence. We also represent energy clients on regulatory matters before the California Public Utilities Commission (CPUC) and the California Independent System Operator (CAISO).

Water

 

BRB Law is equipped to advise privately-owned water utilities regarding their regulatory obligations. Our attorneys are experienced in navigating the rate-of-return regulatory process and applying cost-of-service ratesetting principles, so we can effectively handle general rate cases and residual ratemaking activities for water companies before the CPUC. We also assist water utilities regarding transfer of control, facilities disposition, and financing issues.

Employment

 

BRB Law advises management and human resources professionals on employment law compliance and risk management, including wrongful termination, discrimination, disability and leave management, discipline, and classification of employees. We have represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers’ Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, and the Division of Occupational Safety and Health. We also draft separation agreements, independent contractor agreements, personnel policies, and handbooks.

Cable / Video Franchising

 

BRB Law assists cable companies and other video service providers in navigating their franchising obligations and regulatory compliance in California. This practice includes guidance regarding the requirements of the Digital Infrastructure and Video Competition Act (DIVCA) and other state and federal cable regulations, preparing franchise applications, compliance reports, and franchise renewal requests to the CPUC, negotiations with municipalities regarding franchise obligations and mandates under local ordinances, and advocacy with the CPUC regarding proposed changes to state video franchising rules.

Privacy / Data Security / Confidentiality

 

BRB Law guides companies regarding digital privacy, data security, and consumer and employee information protection regulations, including compliance with Customer Proprietary Network Information (CPNI) rules, the federal Electronic Communications Privacy Act (ECPA), the California Consumer Privacy Act (CCPA), and other state and federal privacy regulations. In connection with this practice, we also advise companies regarding the confidentiality of corporate and personal information provided to government agencies, as reflected in the California Public Records Act (CPRA) and the Freedom of Information Act (FOIA). In addition, we help businesses navigate the requirements associated with subpoenas and other lawful process by which confidential customer or business information may be requested.

Litigation

 

BRB Law’s attorneys are all trained litigators who have handled cases before numerous state and federal courts. We also bring this experience to bear in complaint cases and other adjudicatory matters before state agencies. With our specialized industry knowledge and extensive understanding of evidentiary process, we have the tools to simplify technical issues and distill complicated regulatory concepts in formal legal filings and adversarial hearings. Our litigation practice focuses on the needs of regulated industries, and extends to commercial and employment disputes that our clients may face.

Commercial / Corporate

 

BRB Law negotiates and drafts a broad range of commercial agreements at every stage of the transactional progression, from non-disclosure agreements to letters of intent to final agreements. BRB Law’s experienced attorneys help their clients identify solutions and implement them through written agreements. BRB Law also has special experience with transactions common to their base of telecommunications and energy clients, ranging from Rural Utilities Service financings to power purchase agreements. BRB Law can also assist companies with their corporate compliance needs, including formation of entities, preparing bylaws and operating agreements, and advising boards on compliance and meeting requirements.

Appellate

 

BRB Law has experienced appellate attorneys who have brought successful appeals of administrative agency decisions, including petitions for writ of review of CPUC decisions that were granted by multiple California appellate courts. We know how to position cases for appeal, and we are familiar with the administrative and statutory requirements necessary to challenge regulatory agency decisions. We offer the full range of appellate services in federal and state courts in California and Nevada. 

Legal Ethics / Risk Management

 

BRB Law advises lawyers, law firms and corporate and governmental legal departments on all aspects regarding the law governing lawyers, including the duty of confidentiality, attorney-client privilege, conflicts of interest, disqualification motions, and law firm data privacy and security. We are also experienced in defending legal malpractice complaints, attorney-client fee disputes, and State Bar disciplinary and admission proceedings. We draw from our diverse legal background in a wide range of industries to develop preventative risk management solutions and ensure the ethical representation of clients.