Daily Commerce
Thursday, April 03, 2025
GUEST COLUMNS

Thursday, April 3, 2025

AI's role in authorship raises questions about ownership and copyright protection in both Europe and the U.S.
Successful mediation in intellectual property cases requires IP practitioners to complete five critical tasks: creating a candid list of best and worst facts, sharing these with the client, anticipating tough questions from the mediator, conducting a realistic settlement value analysis, and preparing to listen, learn, and negotiate.

Wednesday, April 2, 2025

Rancho Palos Verdes homeowners installing propane tanks in a landslide zone designated as a Very High Fire Severity Zone may face strict liability under the ultrahazardous activity standard, given the significant fire risk, potential for catastrophic harm, and the inappropriateness of propane storage in such a hazardous location.
The Federal Appeals Court decision marks a pivotal moment in secular recognition of religious arbitration.

Tuesday, April 1, 2025

The CSLB is tightening enforcement with new laws on "paper" subcontractors, extended criminal statute of limitations, and stricter supervision requirements, making compliance crucial to avoid penalties like license suspension, fines, and criminal charges.
Recent court rulings and proposed bill SB690 are pushing back against CIPA lawsuits targeting website technologies, like IP address collection, potentially reducing future cases.

Monday, March 31, 2025

In City and County of San Francisco v. U.S. Environmental Protection Agency (2025), the U.S. Supreme Court struck down generic receiving water limitations in Clean Water Act permits, potentially reducing liability for public agencies but raising concerns about future water quality enforcement.
California's 2024 PAGA amendments expand employers' ability to cure Labor Code violations but create a complicated early evaluation conference process that may prove more costly than resolving claims through private mediation.

Friday, March 28, 2025

Amid tariff uncertainty and market chaos, thoughtless 'copy and paste' M&A approaches will prove problematic as standard contract terms take on non-ordinary meanings.
Despite California's mandated implicit bias training, little progress has been made in addressing systemic discrimination affecting women and marginalized groups in our courtrooms.

Thursday, March 27, 2025

The Rhode Island case SCLS Realty v. Town of Johnston brings the issue of "pretext" back into the spotlight, as property owners challenge the Town's use of eminent domain to block affordable housing development.
California and Florida's differing responses to the insurance crisis show how crucial oversight and transparency are for protecting policyholders and market stability, as highlighted by a recent Florida investigation.

Wednesday, March 26, 2025

California's new Senate Bill 940, effective January 1, 2025, expands discovery rights in arbitration, aligning them with California court procedures, but raises significant legal questions about its scope, conflicts with federal law, and the burden on arbitrators to manage increased discovery requests.
The EU's Carbon Border Adjustment Mechanism (CBAM), starting in 2023, targets carbon-heavy imports like steel and cement, presenting both challenges and opportunities for California exporters as they navigate evolving climate rules and trade tensions.

Tuesday, March 25, 2025

Trump's executive orders targeting law firms threaten the legal profession, stifle political opposition, and limit rights enforcement - plaintiff lawyers are ready to fight for what Big Law won't.
Expanding the concept of diversity beyond race to include other important factors can continue to build diverse and inclusive teams in the workplace while complying with legal standards.

Monday, March 24, 2025

In 2024, legal services ads hit $164 million in LA, part of a 39% national rise, fueling aggressive marketing, third-party funding, and straining California's economy and courts.
A class action lawsuit alleges Google generative AI scraper vacuums up creators' rights and royalties for copyrighted works.

Friday, March 21, 2025

The distinction between a court's holding and dicta can be difficult to navigate, as seen in cases like Andrew v. White, where multiple reasons for a decision are offered, with some being binding and others merely persuasive.
The United States Supreme Court's unsigned order in Department of State v. AIDS Vaccine Advocacy Coalition hints that the conservative majority may have second thoughts about its expansion of presidential immunity.

Thursday, March 20, 2025

The Shehyn v. Ventura County Pub. Works Agency allows property owners to pursue inverse condemnation claims against water agencies if they suffer disproportionate damage from water system risks, challenging the prior "invited water" defense.
Despite the contentious history of the joint employer rule during administrative transitions, the current regulation is unlikely to undergo significant changes in the near future.

Wednesday, March 19, 2025

The Trump administration aims to end nationwide injunctions, limiting court rulings to individual cases and weakening checks on unconstitutional actions.
Federal rollbacks under Trump clash with California's stricter environmental laws, fueling a legal battle over state vs. federal authority, with California pushing back to maintain higher standards.

Tuesday, March 18, 2025

The Trump administration aims to end nationwide injunctions, limiting court rulings to individual cases and weakening checks on unconstitutional actions.
Cleantech companies should leverage patents to secure ownership, protect innovation, and address potential barriers to market entry, ensuring they are prepared for investment or acquisition due diligence.

Monday, March 17, 2025

By abandoning its obligations to transgender workers, the Equal Employment Opportunity Commission undermines civil rights protections for everyone.
The growing ethical and privacy risks of AI chatbots, including their potential to manipulate emotions and behaviors, highlight the need for stronger legal protections to prevent misuse and ensure user safety.

Friday, March 14, 2025

Family law tips to protect separate property claims in complex assets cases for business managers and financial planners.
The entertainment industry in 2025 faces significant challenges, including declining streaming returns, theatrical film struggles, reduced California film production, evolving talent compensation models, and ongoing debates over Section 230 of the Communications Decency Act.

Thursday, March 13, 2025

Elon Musk's Department of Government Efficiency sparked chaos by capping NIH grant overhead at 15%, triggering lawsuits and a nationwide injunction to halt the drastic cuts.
Los Angeles may let architects and engineers self-certify building plans to speed up housing approvals, tackling delays worsened by wildfires and a housing crunch.

Wednesday, March 12, 2025

Mediation, much like cooking, requires a blend of instinct, preparation, patience, and creativity--balancing structure with flexibility to transform disparate ingredients or perspectives into a satisfying resolution.
NIL rights are transforming college golf by creating new opportunities for athletes, but legal hurdles around amateurism and visa restrictions for international players are limiting its full potential, urging the need for federal action.

Tuesday, March 11, 2025

In employment mediation involving financially strained employers, the focus often shifts from liability and damages to finding viable settlement options, with the success of the mediation depending on the transparency of the defendant's financial situation and the creative, candid approach of both parties.
As online platforms become essential for business development and communication, lawyers must navigate the ethical responsibility of maintaining client confidentiality in their digital commentary.

Monday, March 10, 2025

President Donald Trump wants foreign lands and resources, but post-WWII international law stands firmly in his way. Here's why his annexation dreams violate binding obligations.
A demand letter threatening litigation over the use of a website tracking pixel as a "pen register" highlights the evolving intersection of privacy laws, technology, and California's strict privacy regulations, where tracking without consent could result in significant legal liabilities, including fines and lawsuits.

Friday, March 7, 2025

Assuming your staffing agency alone bears the risk of ICE enforcement can be a costly mistake that leads to hefty fines, legal consequences, and reputational damage.
As the Trump administration weakens federal environmental protections, California's Environmental Quality Act remains a critical safeguard, ensuring public review, accountability, and environmental preservation in the face of growing threats to communities and ecosystems.

Thursday, March 6, 2025

The legal issue in Camacho v. JLG Industries Inc. is whether JLG should be liable for a construction worker's injuries due to a design defect (lack of a self-closing gate and toe board) and inadequate warnings, or if the worker's failure to latch the safety chain was the result of negligence.
Forms 1099 are key tax reminders, and errors can trigger IRS audits, making accuracy crucial; promptly correct mistakes to avoid complications.

Wednesday, March 5, 2025

As corporate giants dismantle DEI programs, the workplace braces for a legal storm of uncertainty.
A sincere apology can help parties move beyond entrenched positions, rebuild trust, and open communication channels, often leading to transformative outcomes.

Tuesday, March 4, 2025

The U.S. Supreme Court heard Ames v. Ohio Department of Youth Services to decide if a heightened pleading standard should apply in reverse discrimination cases, with the federal government urging a uniform standard for all plaintiffs to ensure fairness.
In 2024, Eli Lilly launched LillyDirect, a direct-to-consumer platform providing affordable access to various drugs, bypassing pharmacy benefit managers (PBMs) and raising concerns for employers about potential contract violations and the design of legal reimbursement programs.

NEWS

General News

Thursday, April 3, 2025

Signature Resolution strengthens its statewide presence by joining forces with Common Ground Resolutions and adding two retired Kern County judges and a veteran trial attorney to its panel.
General News

Thursday, April 3, 2025

Californians accused of crimes have the right to an appointed defense attorney if they can't afford to hire their own.
General News

Thursday, April 3, 2025

Veteran defense attorney James E. Blatt has asked a judge to exclude a Marsy's Law attorney from criminal proceedings, citing alleged threatening calls, antisemitic social media posts, and escalating harassment. Antonio Villegas, who represents the child victim's family, says he was reacting to years of racial bias. The clash underscores growing concerns over civility--and the role of victims' attorneys--in California criminal courts.
General News

Wednesday, April 2, 2025

City Controller Kenneth Mejia has repeatedly warned Mayor Karen Bass and city council members that the city was overspending vis-à-vis revenues, creating a growing structural deficit.
General News

Wednesday, April 2, 2025

The team enhances the firm's capabilities in cutting-edge technology disputes, from AI and blockchain to semiconductors and trade secrets.
General News

Wednesday, April 2, 2025

An appellate panel will hear arguments Wednesday on whether to block parts of SB 976, a California law requiring parental consent before social media platforms can send personalized notifications to minors. The case has drawn national attention - and bipartisan amicus support - as a flashpoint in the debate over online harms, free speech, and government regulation of technology companies.
General News

Tuesday, April 1, 2025

If you haven't filed your return for 2024, it's time to get started.
General News

Tuesday, April 1, 2025

Two California law firms--Teresa Rhyne Law Group and Carmel & Naccasha--have entered a mutual of counsel agreement, combining strengths in estate planning, charitable giving, probate, and real estate to better serve high-net-worth clients across the state.
General News

Tuesday, April 1, 2025

A 9th Circuit panel reversed the dismissal of a class action against Bayer AG over its Roundup weed killer, ruling that allegations about dangerous chemical levels were enough to survive the pleading stage.
General News

Monday, March 31, 2025

A new analysis shows how countries around the world are rapidly adding solar and wind capacity, now cheaper and more reliable than ever.
General News

Monday, March 31, 2025

Edison shareholders sue, alleging neglected equipment and misleading claims led to the Eaton Fire, as the utility faces over 130 lawsuits for the deadly January blaze in Eaton Canyon.
General News

Monday, March 31, 2025

A Chatsworth jury granted $36.4M to a motorist left with chronic health issues after a crash, including funds for her dog's care, in a rare high award for the area.
General News

Friday, March 28, 2025

For Chloe Barcelou and Brandon Batchelder, building a tiny home wasn't just about having a cute, compact place to live -- it was a way to get out of a rut.
General News

Friday, March 28, 2025

Studio City residents sue LA, claiming a 102-unit housing project was illegally approved without parking, as nearby bus lines don't meet major transit criteria for exemption.
General News

Friday, March 28, 2025

A federal lawsuit alleging systemic abuse of jailhouse informants by Orange County prosecutors and police has ended in settlement, closing a chapter in a scandal that upended a death penalty case, led to state and federal investigations, and spurred reforms by current law enforcement leaders.
General News

Thursday, March 27, 2025

MGA Entertainment contests an injunction in a $71.5M verdict, arguing the OMG Girlz, victorious in a doll likeness suit, face no harm as they are not toymaking competitors.
General News

Thursday, March 27, 2025

Los Angeles County District Attorney Nathan Hochman has rescinded his predecessor's sweeping ban on the death penalty, replacing it with a more limited policy that allows capital punishment only in the most extreme cases, after a thorough review process.
General News

Wednesday, March 26, 2025

Kevin R. Boyle and 18 other plaintiffs have sued the city of Los Angeles, alleging the Department of Water and Power's energy infrastructure caused the January Palisades Fire. Boyle, whose office burned down, also blames a failed water system that left firefighters without resources to stop the blaze.
General News

Wednesday, March 26, 2025

Are the recent job losses merely a temporary development? Or do they signal something more ominous and irreversible?
General News

Wednesday, March 26, 2025

The arbitrator found T-Mobile had violated the the Federal Communications Act and by not safeguarding the customer's private information.
General News

Tuesday, March 25, 2025

San Diego Judge Enrique S. Camarena Jr. and family sue Sinaloa Cartel leaders, including Rafael Caro-Quintero, for the 1985 torture-murder of DEA agent Enrique "Kiki" Camarena.
General News

Tuesday, March 25, 2025

Target Corp. seeks LAPD personnel files of a security guard suing over a stabbing incident at its Downtown L.A. store, sparking debate over relevance and time limits.
General News

Tuesday, March 25, 2025

A shorter open enrollment period, less help choosing a plan, higher health insurance premiums for many people -- those are just a few changes now brewing that could affect your health insurance for 2026 if you have coverage through the Affordable Care Act marketplace
General News

Monday, March 24, 2025

The Pantry in Los Angeles closed down earlier this month.
General News

Monday, March 24, 2025

Counsel for 1,500 Uber passengers seek sanctions in a sexual assault case, claiming the company defied court orders by withholding key policy documents ahead of December trials.
General News

Monday, March 24, 2025

Amazon escapes a $500M lawsuit as the 9th Circuit affirms dismissal, ruling the company isn't liable for third-party false advertising claims in a case over recycled printer cartridges.
General News

Friday, March 21, 2025

Some executives in the oil industry, which spent more than $75 million to help elect Trump, are increasingly frustrated with his agenda
General News

Friday, March 21, 2025

Chief Justice Patricia Guerrero announced plans for enhanced oversight of the California Bar Exam, publicly exposing tensions between the State Bar's Board of Trustees and the Committee of Bar Examiners.
General News

Friday, March 21, 2025

Paul Mono, a legally blind man, was fatally shot by Orange County Sheriff's deputies in 2018. The verdict found the county and five deputies liable for failing to accommodate Mono's disabilities during a mental health crisis.
General News

Thursday, March 20, 2025

California Gov. Gavin Newsom filled court vacancies on the superior courts in Alameda, Los Angeles, Merced, Orange, San Bernardino, and San Francisco counties.
General News

Thursday, March 20, 2025

When Gov. Gavin Newsom two months ago proposed a $322 billion state budget for the 2025-26 fiscal year, he projected what was depicted as a "modest surplus" of $363 million.
General News

Thursday, March 20, 2025

Chief Justice Patricia Guerrero delivered a detailed State of the Judiciary speech Tuesday, addressing court funding cuts, the burden of Proposition 36, and the need to expand remote hearings. She also signaled increased Supreme Court oversight of the troubled February Bar Exam and issued a warning to federal immigration officials about courthouse enforcement.
General News

Wednesday, March 19, 2025

Mitchell Silberberg & Knupp LLP has bolstered its Entertainment practice with a high-profile addition--renowned copyright and media litigator Aaron J. Moss.
General News

Wednesday, March 19, 2025

Plaintiffs sought to remove Weintraub Tobin attorneys, citing conflicts of interest, but the court ruled against them as the case moves toward a May trial.
General News

Wednesday, March 19, 2025

New technology -- and its rapid adoption for remote work during COVID-19 -- continues to break down many barriers for people with disabilities
General News

Tuesday, March 18, 2025

Rain, snow, hail, dust, fire, tornadoes. A giant cross-country storm system last week led to one hazard after another, lashing California with an atmospheric river, fueling wildfires in Oklahoma and spawning tornadoes from Missouri to Alabama.
General News

Tuesday, March 18, 2025

A jury awarded $50M to a driver burned by a Starbucks coffee spill, finding the company liable. Starbucks plans to appeal, claiming the damages are excessive.
General News

Tuesday, March 18, 2025

The rocket company alleges that commission members unlawfully denied a petition to expand launches at Vandenberg Air Force Base due to their political bias against owner Elon Musk. While the Air Force ultimately approved the project, the court is allowing SpaceX to provide more evidence showing economic harm from the commission's actions.
General News

Monday, March 17, 2025

By traversing the 38,000 acres that encompass the two burn zones in Altadena and the Pacific Palisades along with the surrounding region, researchers hope to fill gaps in the data on air, soil and water quality.
General News

Monday, March 17, 2025

Two Comerica Bank employees sue over hidden cameras in the restroom and vault, alleging uninvestigated sexual harassment, hostile work environment, and wrongful termination, causing severe emotional distress.
General News

Monday, March 17, 2025

President Donald Trump's threatened 25% tariffs on goods imported from Canada and Mexico would deal a major blow to the auto industry, whose supply chains extend across U.S. borders into both of those countries.
General News

Thursday, April 3, 2025

A bill to ban weaponized consumer robots passed a key state Senate committee Tuesday -- but not before a heated debate over whether law enforcement should be exempt, with critics warning of a dangerous expansion of police power.
General News

Wednesday, April 2, 2025

Prosecutors have not said why Assistant U.S. Attorney Adam P. Schleifer was fired Friday --just one hour after a far-right activist called for his removal over past anti-Trump posts.
General News

Tuesday, April 1, 2025

A federal judge challenges Santa Ana's rejection of a small church's use of an office property, questioning why a larger church operates across the street under similar zoning rules.
General News

Monday, March 31, 2025

U.S. district judge rips Los Angeles for unfulfilled homeless promises and untracked millions, urging Mayor Karen Bass to act fast as the city faces scrutiny over a 2022 housing deal.
General News

Friday, March 28, 2025

A federal judge ruled that Santa Ana may have acted in bad faith when it abruptly passed a zoning ordinance blocking a nonprofit clinic's downtown property purchase, allowing key claims in the clinic's lawsuit to move forward.
General News

Thursday, March 27, 2025

Attorneys for fire victims say newly surfaced correspondence contradicts LADWP's earlier public statements that power lines were de-energized at the time the Palisades Fire started. A new lawsuit filed Monday claims the utility's sub-transmission lines were active -- and may have sparked the blaze.
General News

Wednesday, March 26, 2025

A federal judge ruled Los Angeles misrepresented temporary encampment clean-ups as permanent reductions, violating a 2022 housing settlement, with further breach arguments set for Thursday.
General News

Monday, March 24, 2025

The District Attorney's Office stated that the ACLU was never entitled to non-anonymized criminal history data, later amended its request to anonymized data, which the DA's office has provided and continues to publish online.
General News

Friday, March 21, 2025

A San Francisco judge criticized lawyers for racking up $1.2M in costs, including luxury trips, in a $127M jet insurance dispute, calling it California's priciest overlitigation mess.
General News

Thursday, March 20, 2025

Los Angeles tenants who successfully challenged their mass eviction under the Ellis Act have asked the 2nd District Court of Appeal to dismiss their landlord's appeal, arguing that by collecting rent, he created new tenancies and rendered the appeal moot.
General News

Wednesday, March 19, 2025

The federal appeals court left in place a lower court's injunction that blocks the mass termination of federal probationary employees. The ruling follows a similar decision in Maryland, setting up a potential Supreme Court showdown.
General News

Tuesday, March 18, 2025

Plaintiffs' attorneys in the Eaton Fire litigation have agreed on a steering committee of nearly four dozen law firms.
General News

Monday, March 17, 2025

A Los Angeles County judge has tentatively scheduled the retrial of Orange County Superior Court Judge Jeffrey Ferguson for April 7, following a hung jury in his first trial. Ferguson, accused of fatally shooting his wife during a drunken argument, maintains the shooting was accidental. His first trial ended with an 11-1 split in favor of conviction after more than 40 hours of deliberation.