Retroactive v. Prospective Application of New Laws

Our California clients ask us about retroactive application of enactments or amendments in bills that affect their statutes of interest and which could adversely affect their claims or litigation strategy.  We understand their concerns and as we review the legislative history materials or the bill itself, we look for any indication that there was legislative intent for retroactive application of the proposals in the bill. When there is no express statement or declaration concerning retroactivity in any bill, this can make it difficult to make any absolute determination as to the retroactivity of the provisions of that bill.  The general ... Read More >