Daily Business Report-Dec. 12, 2018
A Target store. (Photo courtesy of San Diego County District Attorney)
Target to pay $7.4 million
for environmental violations
The San Diego County District Attorney’s Office, along with 21 other law enforcement agencies announced a $7.4 million settlement with Target Corporation for the improper disposal of retail hazardous waste.
The settlement resolves allegations that Target violated state laws and injunctive terms from a 2011 stipulated judgment regarding the company’s handling and disposal of retail hazardous waste.
The current settlement comes as a result of investigations of Target’s conduct alleging that between 2012 and 2016 the company committed violations by improperly disposing hazardous waste into landfills across California and in San Diego County. The waste included items such as electronics, batteries, aerosol cans, compact fluorescent light bulbs, and medical waste including syringes, over-the-counter and prescribed pharmaceuticals, as well as confidential medical information from its customers.
This is the second settlement resolving allegations of Target’s hazardous waste compliance violations. In March 2009, the California Department of Justice and several local prosecutors filed a complaint against Target alleging that it violated state statutes and regulations governing the handling and disposal of hazardous waste. As part of the final settlement in 2011, Target agreed to pay $22.5 million for penalties, attorneys’ fees, and funding for supplemental environmental projects, and to comply with injunctive terms.
A new ‘Star Trek’ film will live long and prosper. Leonard Nimoy and William Shatner, ‘Star Trek’ 1968. (Credit: CALmatters)
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A Trekkie tax credit
By Dan Morain | CALmatters
A new Star Trek series to be filmed in California will receive $15.6 million in tax credits under the state’s expanded film and TV tax credit program, the California Film Commission announced.
• Gov. Jerry Brown’s final budget included a $330 million a year tax credit program through 2025.
• Several states have dropped tax credit programs, concluding that they spent more in taxpayer money than they received in benefits.
In California, the Legislative Analyst’s Office is working on a new analysis of the film tax credit. The LAO raised questions about the credit in 2016, concluding that about a third of the productions would have been made here regardless of the windfall.
• But California has repeatedly extended its offers of credits in recent years to compete with New York, Georgia and other states that offer generous tax breaks intended to lure what they see as a glamour industry.
Eight new and recurring series got tax credits in addition to the new Star Trek series, said the Film Commission, which administers the program.
• The nine projects will employ 1,820 cast members, 2,140 crew members and 25,000 extras or stand-ins, the commission says.
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Georgette Gomez elected to
pivotal post of City Council President
Democrat Georgette Gomez of City Heights was unanimously elected on Monday to the pivotal post of San Diego City Council President, which will allow her to set the council’s priorities and appoint the leaders of key committees. Gomez will lead a council where Democrats increased their majority in last month’s election from 5-4 to 6-3, giving them enough votes to override vetoes by Republican Mayor Kevin Faulconer on contentious issues.
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SDSU working to solve community
problems with new graduate program
By Lainie Fraser | SDSU NewsCenter
San Diego State University is launching a new graduate program aimed at addressing both industry and analytics-based research needs. The Big Data Analytics Program allows students to collect data and use it to help solve real-world issues. It is a two-year program resulting in a Master of Science Degree. The program was created by Ming-Hsiang Tsou, who also founded SDSU’s Center for Human Dynamics in the Global Age.
“This is all part of the SDSU Strategic Plan, which focuses on research as a promising area for the school,” said Tsou.
Tsou started the center with the intent of using research findings to solve human dynamics issues. Since its opening, Tsou has focused on creating a curriculum and program that uses Big Data Analytics and teaches students how to take their learning to the next level.
Tsou said what sets SDSU’s big data program apart from those at other universities is the opportunity it provides students to apply their knowledge.
“You will find other universities are trying to build similar programs, but they focus too much on the engineering part and they are missing the real-world part or what we call domain knowledge.”
The program will have its first cohort in fall 2019.
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Liberty Station introduces
new signs to the neighborhood
Liberty Station has installed new neighborhood identity signs to the Point Loma neighborhood. The first sign was officially installed Sept. 18 on Roosevelt Road between Rosecrans Street. and Truxtun Road, and the second was installed on Nov. 29 on Sims Road.
“Liberty Station originated as the first permanent Naval Training Center on the West Coast and has transformed into a travel destination that reflects the authentic characteristics of San Diego—and these signs reflect the neighborhood’s evolvement,” said Rick Wilson, executive director of Liberty Station Community Association. “Over the years, Liberty Station has flourished with signature San Diego attractions, retail and dining options, historical corridors and promenades.”
Designed by RSM Design and fabricated by CNP Signs, the Liberty Station Community Association led the installation of the sign in partnership with the city of San Diego and the Peninsula Community Planning Board.
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S.D. Employers Association
hosts Employment Law Update Jan. 17
San Diego Employers Association (SDEA) hosts the 39th annual Employment Law Update on Jan. 17, 2019 at Crowne Plaza Mission Valley.
The program features three of San Diego’s top attorneys — Chris Olmsted with Ogletree Deakins, Rich Paul with Paul, Plevin, Sullivan & Connaughton and Lonny Zilberman with Wilson Turner Kosmo.
SDEA’s Employment Law Update will summarize the latest labor and employment law news, including updates on independent contractors, arbitration agreements, the wage increase affecting San Diego companies, new harassment prevention training requirements, and more. The attorneys will share key insights from actual cases and review forthcoming legislative developments to keep an eye on throughout 2019. Early bird pricing is available through Dec. 31, 2018. To learn more and to register, visit www.sdeahr.org.
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SDSU professor invited to testify at
Congressional hearing on $15 minimum wage
As part of the ongoing national debate on whether to raise the federal minimum wage average to $15 per hour, San Diego State University professor of economics Joseph J. Sabia will testify before the U.S. House Committee on Education and the Workforce today. Sabia, who is also the director of SDSU’s Center for Health Economics and Policy Studies, received a formal invitation from the chairman of the Subcommittee on Workforce Protections.
According to Sabia, a $15 national minimum wage will do little to alleviate poverty and is likely to have unintended consequences that will hurt many vulnerable low-wage workers. “Proponents claim that this massive increase will fight poverty and help low-skilled workers to make ends meet. These are laudable policy goals. But the efficacy of a $15 minimum wage should be judged not by its intentions, but by its likely results,” said Sabia in his written testimony.
Citing nearly 15 years of his peer-reviewed research, Sabia’s planned remarks center around three main conclusions: higher minimum wages have no impact on poverty rates, a $15 minimum wage would cause substantial job loss, and many low-income consumers will pay for higher minimum wages by way of higher prices for goods and services.
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Security gaps at S.D. shipyards put
billion-dollar Navy warships at risk
By Brad Racino | inewsource
The private shipyards in San Diego responsible for protecting Navy warships have not been following security protocols meant to protect those billion-dollar assets, and the Navy was alerted to the lapses more than two years ago, an inewsource investigation has found. Democratic Rep. Scott Peters has reached out to the House Armed Services Committee for an oversight investigation after learning about the security gaps from inewsource.
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Personnel Announcements
Lindsey Herzik and Melissa Rose join
Finch, Thornton & Baird law firm
The California construction industry law firm of Finch, Thornton & Baird LLP has added two attorneys to its legal team — Lindsey C. Herzik and Melissa H. Rose.
Lindsey C. Herzik has been practicing since 2015, focusing on business disputes and litigation, construction law, federal civil procedure, and antitrust and shareholder litigation. Herzik received her juris doctor from the University of San Diego School of Law, from which she graduated magna cum laude. She earned a Bachelor of Arts degree in Journalism from Loyola University of Chicago, finishing cum laude.
Attorney Melissa H. Rose practices in diverse areas of construction law including claims and disputes, collections, insurance defense, both private and public works litigation, and labor and employment. Rose received her juris doctor, with a concentration in civil litigation, from the University of San Diego School of Law, from which she graduated cum laude. She also graduated cum laude from the University of California, Los Angeles, with a Bachelor of Arts in political science and classical civilization.
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Sidra Zaheer joins Klinedinst as eDiscovery counsel
Sidra Zaheer has joined the Klinedinst San Diego law office as eDiscovery counsel. Zaheer’s practice focuses on complex electronic discovery issues including consulting on ESI protocols, drafting Rule 26(f) discovery plans, negotiating search terms and the use and parameters for predictive coding.
Prior to joining Klinedinst, Zaheer worked with multiple AmLaw 100 firms to resolve discovery disputes arising in large class-action suits and several DOJ, SEC, FTC, FDA and EPA investigations. She also has extensive experience implementing plans to optimize discovery workflows, developing quality control protocols and managing teams of up to 100 contracts attorneys in the U.S., India and the Philippines.
Before beginning her practice of law Zaheer worked as a legal analyst with Bloomberg Law where she helped develop legal research, legal analytics and transactional tools that are now widely used.
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Anne Wenger named associate
editor of the Financial Services Review
Attorney Anne Wenger of McLaughlin Legal, a San Diego-based law firm, has been named the associate editor of the Financial Services Review.
She will cover estate planning topics for the academic journal as a member of its editorial board.
Financial Services Review is the official publication of the Academy of Financial Services and exists to encourage rigorous empirical research that examines behavior in the areas of financial planning and services.
Wenger focuses her practice in McLaughlin Legal’s Estate and Tax Planning division, and also represents clients before all federal, state, and local agencies. She advises clients with regard to their fundamental estate plans as well as assists her clients in evaluating and implementing various tax strategies to help protect and preserve their assets.
Wenger graduated from Gonzaga University School of Law where she was awarded the CALI Excellence for the Future Award, given to the highest scoring student in each law school class, in both Transactional Skills and Labor Law.
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Xpera Group promotes Steve Grimes to president;
Ted Bumgardner becomes chairman
Xpera Group announced the promotion of Steve Grimes to president president of the agency. The position was previously held by company founder Ted Bumgardner, who will now serve as chairman and focus his time on the firm’s construction forensics business. The moves come as the San Diego-based firm prepares to kick off its 10th year in business in 2019.
Grimes has been an integral member of Xpera team since joining as director of construction services in 2016. His roots in San Diego’s construction industry run deep, including over 30 years with Roel Construction, H.G. Fenton and Nelson & Sloan, as well as running his own consulting firm. He will continue to play a key role in Xpera’s building envelope group and marketing efforts, while also providing leadership for the firm’s other specialty consulting services, including quality assurance and real estate/development services.
As chairman, Bumgardner will stay actively involved in big-picture strategy and overall direction for the company. He will also focus his efforts on growing Xpera’s highly successful construction forensics business, which has long served as the cornerstone of the company.
