Daily Commerce
Wednesday, October 15, 2025
GUEST COLUMNS

Wednesday, October 15, 2025

In California trust litigation, determining whether a settlor's mental ability meets the lower testamentary standard or the higher contractual one often decides who controls an estate -- and the outcome of the entire case.
Class actions in California are high-stakes, complex and slow -- demanding strategy, persistence, and careful management to deliver real results.

Tuesday, October 14, 2025

The pending 3rd Circuit appeal in Thomson Reuters v. ROSS Intelligence could set a landmark precedent on whether using proprietary legal research headnotes to train AI constitutes copyright infringement or fair use, potentially reshaping how commercial AI platforms are developed across legal, medical, financial and other research-intensive fields.
California's diverse, high-value specialty crops are poorly served by federal farm subsidy programs designed for bulk row crops, and modernizing aid to reflect real economic losses, export risks, and timely delivery is critical to sustaining the state's farms and the national food supply.

Monday, October 13, 2025

Trump's bid to use the National Guard as a political tool has sparked lawsuits claiming he overstepped his authority and threatened the balance between federal and state power.
Under the Government Claims Act, a claimant need not file a pre-suit claim with a public entity when seeking purely declaratory relief, though any subsequent monetary claims must be preceded by a government claim.

Friday, October 10, 2025

Opened in 1891, Los Angeles' Red Sandstone Courthouse symbolized the city's civic pride, growth and legal development, and though it was demolished after earthquake damage in the 1930s, its legacy endures through preserved architectural elements and its influence on subsequent courthouses.
Effective commercial mediation requires recognizing and managing the human elements -- emotions, histories, biases and interpersonal dynamics -- that can either facilitate or impede settlement, rather than focusing solely on financial and legal positions.

Thursday, October 9, 2025

Bronshteyn serves as a reminder of the broad discretion trial courts hold in awarding attorney's fees to prevailing plaintiffs in employment litigation -- and the difficulty defendants may face when trying to overturn such awards on appeal.
School injury cases can be complex and fact specific -- Doe v. Mount Pleasant Elementary School District serves as a practical starting point for analyzing claims tied to school-sponsored overnight retreats.

Wednesday, October 8, 2025

Despite more than 20 years of mandatory harassment training in California, workplace sexual harassment complaints have risen sharply, highlighting that compliance-focused programs fail to change culture and that effective prevention requires ongoing, interactive, and inclusive approaches emphasizing bystander intervention, relevance and psychological safety.
If you want to be paid, refusing to hand over a Form W-9 may not make sense.

Tuesday, October 7, 2025

Many workers believe they're in a hostile work environment, but unless mistreatment is tied to a legally protected trait, the law often doesn't consider it unlawful.
War teaches luck matters. So does the law. Survival in court often depends on which lawyer, judge, or county you get -- not just your merits. To make justice fair, we need funding parity, standardized protocols and consistent representation -- so outcomes aren't left to chance.

Monday, October 6, 2025

Ross Intelligence is appealing a Delaware court ruling that held its use of Thomson Reuters' copyrighted headnotes for AI training was not fair use, in a case that could have sweeping implications for how AI models legally access and learn from copyrighted material.
By grounding complex disputes in universal moral principles, trial lawyers can make any business case accessible and compelling.

Friday, October 3, 2025

The music industry's 1990s sampling battles mirror today's AI copyright disputes: both pit innovation against ownership, both sparked chaos and lawsuits, and in both cases, the path forward lies not in endless litigation but in creating predictable licensing systems that balance creativity with compensation.
California's new "No Secret Police" Act aims to restore public trust, but its real test is whether state power can withstand federal supremacy in enforcing accountability.

Thursday, October 2, 2025

California's Honest Pricing Law and the FTC's Junk Fees Rule are forcing businesses to show all-in prices, driving costly system changes and exposing them to lawsuits and consumer backlash.
Vietnamese American nail salon owners and manicurists are challenging California's AB 5 law, claiming it unfairly forces nail techs into employee status while sparing other beauty professionals.

Wednesday, October 1, 2025

The 9th Circuit's unpublished Moreland decision reinforces that private CERCLA cost recovery hinges on strict compliance with the National Contingency Plan (NCP), not on state agency labels.
Despite decades of settled law, the federal government is still fighting airport noise claims -- this time over Navy jet flights.

Tuesday, September 30, 2025

Assembly Bill 365, the Justin Kropp Safety Act, transforms the tragedy of journeyman lineman Justin Kropp's preventable death into a lasting legacy of worker protection by requiring AEDs, training, and emergency protocols at high-voltage worksites to save lives in the future.
Vexatious litigants pose unique challenges for public entities when acting as defendants, since existing California statutes focus primarily on abusive plaintiffs, leaving a gap in the law that forces municipalities and other plaintiffs to waste resources responding to frivolous motions and appeals -- a problem that may require legislative reform to address.

Friday, September 26, 2025

With geopolitical threats mounting, venture capital is pouring into dual-use tech startups as the U.S. defense sector finds new allies in Silicon Valley.

Thursday, September 25, 2025

Assembly Bill 288, recently passed by the California Legislature and awaiting Governor Newsom's signature, empowers the state labor board to enforce workers' and businesses' rights when the federal NLRB is defunct or inactive, ensuring fair resolution of labor disputes, protection of union rights, and stability for employers and employees alike.

Wednesday, September 24, 2025

The landmark New York Times v. OpenAI case, arising from alleged copyright violations by ChatGPT and CoPilot, is shaping the emerging legal landscape for artificial intelligence by raising questions about IP rights, data privacy, evidentiary privileges, and corporate liability that could define AI regulation for years to come.
With packaging making up over half of California's landfill waste, CalRecycle has launched a second attempt at rulemaking to implement the state's packaging EPR law, SB 54.

Tuesday, September 23, 2025

For a litigator, Yiddish brings not just color to the courtroom, but character--capturing the humor, heartache and humanity the law alone can't express.
The assassination of Charlie Kirk highlights the urgent need for comprehensive firearms licensing and regulation, alongside improved mental health care, as a practical path forward beyond partisan debates over assault weapons and mental illness.
Plaintiffs often discover that lawsuit settlements are taxed on the gross amount, including their lawyer's share. Here's how the tax code handles fee deductions and what exceptions apply.

Monday, September 22, 2025

Municipalities acquiring property for public projects often overlook a critical step--skipping a Phase I ESA can lead to liability, hidden contamination and missed chances for crucial funding.
Jimmy Kimmel's suspension from ABC over his controversial monologue about Charlie Kirk has sparked fierce debate, highlighting the tension between a private employer's contractual rights and the broader societal interest in protecting open political commentary and satire.
Homeowners who signed onto the Army Corps' "free" Los Angeles wildfire debris cleanup, whether unknowingly or with no alternative, assumed sweeping liability through a boilerplate indemnity clause making them financially responsible for any damages or lawsuits arising from the government's own cleanup work.

Friday, September 19, 2025

At the Peace Palace in The Hague, a towering black cat sculpture called The Witness watches over the courts and law library, blending legend and art: it recalls the heroic--but likely apocryphal--story of Ramskells, a cat said to have saved the justices from a 1924 fire, while also serving as a modern symbol of vigilance and observation over the world of international law.
Opportunity Zones are now permanent but with sharper rules and penalties. Joint ventures that don't rewrite their playbooks risk turning tax breaks into tax traps.

Thursday, September 18, 2025

Corporate campaigns targeting a few flashy or unscrupulous plaintiff lawyers are being used to discredit the civil justice system, fuel tort reform, and limit access to justice, making it crucial for the plaintiffs' bar to maintain accountability, credibility, and vigilance before it's too late.
Without renewed federal action, nearly 90% of Covered California enrollees could see average premium hikes of 66% -- threatening coverage for millions and risking a sharp rise in the uninsured.

Wednesday, September 17, 2025

Early this summer, I ran an experiment in which I gave ChatGPT-4 and ChatGPT-5 only the oral argument transcripts from the court's last 25 cases and asked them to predict the outcome and the vote. Here were the results.
President Trump's latest travel ban halts visas from 19 countries and curtails them for 32 more, upending business operations and making it harder for U.S. employers to retain global talent.

Tuesday, September 16, 2025

As AI transforms the way businesses operate, the insurance industry faces a pivotal question: Will existing policies respond to AI-driven losses, or will entirely new coverages be required?
SB 940 expands arbitration discovery rights by granting parties nearly the same discovery tools available in trial court proceedings, repealing CCP §1283.1, amending §1283.05, and empowering arbitrators to regulate and enforce discovery except in limited civil cases.
Mark Abramson/The New York Times
A helicopter flies over smoke blanketing the horizon behind homes destroyed by the Eaton fire in a neighborhood in Altadena, on Jan. 10.

NEWS

General News

Wednesday, October 15, 2025

Gov. Gavin Newsom of California vetoed a bill that would phase out harmful "forever chemicals" used in nonstick cookware, saying he was worried it would make pots and pans more expensive for Californians.
General News

Wednesday, October 15, 2025

Upstart financial technology firms are connecting outside financial advisers to employer-sponsored plans, allowing the advisers to take steps like rebalancing accounts on behalf of their clients.
General News

Wednesday, October 15, 2025

The Orange County Superior Court complaint claims the firm aided a minority owner's "illegal coup" against a majority partner in violation of conflict-of-interest rules.
General News

Tuesday, October 14, 2025

The Palisades Fire master complaint broadens litigation to 12 defendants, alleging shared responsibility among utilities and telecoms, potentially triggering crossclaims and complex liability battles over Los Angeles' worst wildfire.
General News

Tuesday, October 14, 2025

The estate of writer Travis Michael Flores claims prominent entertainment lawyer Bryan Freedman mishandled Flores's 2021 copyright suit against director Justin Baldoni, later breached confidentiality, and now represents Baldoni in high-profile litigation against actress Blake Lively.
General News

Tuesday, October 14, 2025

The arrival of Sora, along with similar AI-powered video generators released by Meta and Google this year, has major implications. The tech could represent the end of visual fact -- the idea that video could serve as an objective record of reality -- as we know it.
General News

Monday, October 13, 2025

Midjourney, defended by Cooley LLP, rebuts Warner Bros.' copyright claims, arguing its AI mimics human creativity, uses fair use principles, and shouldn't be forced to impose broader restrictions on innovation.
General News

Monday, October 13, 2025

Judge Peter A. Hernandez criticized an attorney for citing fake AI-generated cases but considered his argument to let a defamation suit by the former Dodger proceed despite serious concerns over legal ethics.
General News

Monday, October 13, 2025

Oakland, long regarded as a scrappy, more affordable city across the bay from San Francisco, has struggled since the pandemic with crime, an enormous deficit and a civic embarrassment when its mayor was recalled and federally indicted. But the city's residents are especially frustrated with illegal dumping these days.
General News

Friday, October 10, 2025

As companies increasingly turn to AI to sift through thousands of job applications, candidates are concealing instructions for chatbots within their resumes in hopes of moving to the top of the pile.
General News

Friday, October 10, 2025

Scott Paetty, who led high-profile fraud prosecutions including the case against Tom Girardi, has joined DTO Law as a partner in Los Angeles, where he will focus on white-collar defense and complex litigation.
General News

Friday, October 10, 2025

Federal prosecutors charged a man with arson in the Palisades Fire, but victims' attorneys say the criminal case confirms their causation theory and leaves civil claims against LADWP and the state unchanged.
General News

Thursday, October 9, 2025

Thankfully, last week's explosion and fire at California's second largest refinery, Chevron's El Segundo plant, was not an environmental catastrophe. But it could have serious economic and political impact.
General News

Thursday, October 9, 2025

A Los Angeles jury found Johnson & Johnson acted with malice in the death of 88-year-old Mae Moore, awarding her family nearly $1 billion in damages for what plaintiffs said was asbestos contamination in the company's talc-based baby powder.
General News

Thursday, October 9, 2025

Federal defenders in California argue Bilal Essayli's acting U.S. attorney role violates the Federal Vacancies Reform Act, citing a Nevada ruling that disqualified a similar appointment under nearly identical circumstances.
General News

Wednesday, October 8, 2025

Pay-advance apps are marketed as a way to help workers living paycheck to paycheck pay for unexpected expenses, but workers are often using the apps to manage basic expenses like groceries, rent and other needs, a new report found.
General News

Wednesday, October 8, 2025

Gov. Gavin Newsom on Friday signed AB 1155, a McGeorge clinic-originated bill requiring California law schools to allow students to receive compensation for professional externships that also carry academic credit, effective Aug. 1, 2026.
General News

Wednesday, October 8, 2025

A coalition of solar energy companies, labor unions, nonprofit groups and homeowners sued the Environmental Protection Agency on Monday over its termination of $7 billion in grants intended to help low- and moderate-income families install solar panels on their homes.
General News

Tuesday, October 7, 2025

This is both an admission and an observation: The ramifications of homelessness, for most people, are anecdotal.
General News

Tuesday, October 7, 2025

Drivers for gig companies like Uber and Lyft gained the right to unionize in California on Friday, thanks to a bill signed by Gov. Gavin Newsom.
General News

Tuesday, October 7, 2025

A new class action accuses Disney of illegally collecting children's data on YouTube by mislabeling videos, following a recent $10 million FTC settlement over similar privacy violations.
General News

Monday, October 6, 2025

Plaintiffs in the Eaton Fire case pushed to advance the trial date, accusing Edison of delaying tactics while quietly developing a compensation program. The judge denied the request, citing fairness concerns.
General News

Monday, October 6, 2025

Former LA city attorney James Clark denied knowledge of a reverse auction scheme in the 2013 water billing scandal, claiming shock upon discovering incriminating documents on a colleague's computer.
General News

Monday, October 6, 2025

Some of the events planned for the Summer Olympics in Los Angeles in 2028 are far from the heart of the city.
General News

Friday, October 3, 2025

A $135 million class settlement fund is now available to compensate residents, businesses, and others impacted by the 2023 Maui wildfires, following court approval of a $4.037 billion global settlement. Claims must be filed by Dec. 22.
General News

Friday, October 3, 2025

As an investor, it can be difficult to navigate the ups and downs of the market and understand what the movements mean for your portfolio - particularly when you're seeing constant headlines on the topic.
General News

Friday, October 3, 2025

Key witness Eric George testified James Clark wasn't involved in a billing lawsuit scheme, instead blaming attorneys Paul Kiesel and Paul Paradis during State Bar proceedings over the 2013 water billing scandal.
General News

Thursday, October 2, 2025

Employers across California continue to grapple with how best to balance workplace safety, employee rights, and compliance with ever-changing drug and alcohol regulations
General News

Thursday, October 2, 2025

A judge upheld Long Beach's interpretation of its airport noise ordinance, finding taxi-back maneuvers are not covered, but gave petitioners 30 days to amend their claims of enforcement failure.
General News

Thursday, October 2, 2025

A judge denied sanctions in four ADA lawsuits against Long Beach businesses, ruling the defense failed to properly serve notice and didn't meet the legal burden to justify penalties.
General News

Wednesday, October 1, 2025

Researchers have left their work at Meta, OpenAI, Google DeepMind and other big AI projects in recent weeks to join a new Silicon Valley startup, Periodic Labs.
General News

Wednesday, October 1, 2025

Expect to pay more for health coverage next year -- possibly a lot more -- whether you get your health insurance from an employer or on a health care exchange.
General News

Wednesday, October 1, 2025

A Los Angeles judge tentatively approved Bank of America's $4.4 million settlement resolving wage-and-hour claims, representing 19.3% of the class's estimated $22 million in damages, with minimal objections.
General News

Tuesday, September 30, 2025

Gavin Newsom jetted off to New York last week to portray himself as the alternative to Donald Trump on climate policy.
General News

Tuesday, September 30, 2025

In an era when legal associations are shrinking, Los Angeles attorney Randall A. Miller is stepping into a leadership role with one that's thriving -- and entirely self-funded. As the new chair of the ABA's Standing Committee on Professional Liability, Miller brings decades of expertise in legal malpractice to a group that's staying relevant by tackling some of the profession's biggest challenges.
General News

Tuesday, September 30, 2025

An appellate panel rejected Bank of America's bid to appeal a San Diego district judge's certification of a class in a consumer class action alleging it failed to safeguard unemployment benefits stolen from over 100,000 Californians during the pandemic.
General News

Monday, September 29, 2025

A Los Angeles judge allowed a class action against TikTok to proceed, ruling its terms of service may unlawfully restrict consumer speech, rejecting defenses under federal law and the Yelp Law.
General News

Friday, September 26, 2025

Attorneys criticized Southern California Edison's draft compensation plan for Eaton Fire victims, calling it unfair, self-serving, and inadequate, particularly regarding emotional distress and property damage payouts.
General News

Wednesday, October 15, 2025

Southern California Edison moved to strike class allegations in wildfire litigation, arguing individualized property damage defeats class treatment in lawsuits over the Eaton Fire that destroyed thousands of structures in January.
General News

Tuesday, October 14, 2025

A Los Angeles judge rejected Edison's demurrer and motion to strike in a back-billing class action, calling arguments "frivolous," allowing plaintiffs to pursue exemplary damages.
General News

Monday, October 13, 2025

The new laws expand oversight, add funding options, and extend coverage under the state's insurer of last resort, as officials race to steady California's volatile property insurance market.
General News

Friday, October 10, 2025

California regulators accuse Tesla Insurance of widespread claims mishandling, bolstering a pending class action. The Department of Insurance alleges systemic delays and violations that harmed policyholders, vendors and communities across the state.
General News

Thursday, October 9, 2025

The Los Angeles County Board of Supervisors said Tuesday that the law that opened a statute of limitations window for old sexual abuse claims should be reviewed. Meanwhile it is seeking an investigation of reports that its $4 billion settlement contained many false plaintiffs.
General News

Wednesday, October 8, 2025

An attorney for LA Alliance warned receivership could return if Los Angeles continues delaying approval of independent homelessness monitors, while the city's counsel argued expanded oversight exceeds the terms of a prior settlement.
General News

Tuesday, October 7, 2025

CAOC is urging an urgent State Bar probe into DTLA Law Group over allegations of paying people to file false sex abuse claims, amid broader concerns about unethical attorney solicitation practices.
General News

Monday, October 6, 2025

A federal judge ruled that an advance conflict waiver signed by investors' counsel bars the disqualification of Quinn Emanuel in a shareholder lawsuit brought by Masimo Corp., despite claims that one of its attorneys improperly switched sides.
General News

Friday, October 3, 2025

Tesla sales jumped from July to September, breaking a string of quarterly declines, as U.S. car buyers raced to collect federal tax credits of up to $7,500 before the incentives expired at the end of last month.
General News

Thursday, October 2, 2025

The Trump administration announced on Tuesday that it planned to relax a Biden-era rule that requires grocery stores, air-conditioning companies, semiconductor plants and others to sharply and rapidly reduce some powerful greenhouse gases used in cooling equipment.
General News

Wednesday, October 1, 2025

A federal judge reviewed a proposed $62.1 million Hyundai-Kia settlement resolving claims over defective airbags, with objections over fees and injury rights addressed; final approval still pending.
General News

Tuesday, September 30, 2025

Legal and sports experts discussed the financial and structural challenges facing college programs under the landmark House settlement at Thursday's Association of Business Trial Lawyers panel in Los Angeles.
General News

Monday, September 29, 2025

A Los Angeles judge denied Google's request to dismiss a class action alleging YouTube misled users by labeling digital rentals as "purchases," allowing consumer deception claims to proceed under California law.