Daily Commerce
Thursday, November 14, 2024
GUEST COLUMNS

Monday, November 11, 2024

Litigation finance is a legitimate way for lawyers and plaintiffs to receive nonrecourse cash, but it's important to consider taxes when striking a deal or later when filing tax returns.
California's landmark $20 minimum wage for fast food workers is reshaping the industry, but questions about its long-term impact on wages, turnover, and the role of the Fast Food Council remain.
Military service imparts valuable skills and qualities that are highly beneficial in the legal profession, such as discipline, commitment, and strong interpersonal skills.

Friday, November 8, 2024

The gatekeeper role, found across mythologies worldwide, is akin to the task trial courts face when screening expert testimony. California cases like Sargon and Tidd highlight the court's duty to ensure that only well-founded, scientifically reliable expert opinions reach the trier of fact, guarding against testimony based on conjecture or insufficient foundation.
The case of Haas Automation, Inc. v. Guenther Steiner and Ten Speed Press highlights the balance between trademark law and creative expression, focusing on the use of trademarks in biographical works.
Decisions by the FTC and California may open new avenues for challenging any advertising claims, with potentially multi-million-dollar business-ending implications for any company selling products on an autorenewal, continuous service, or negative option basis.

Thursday, November 7, 2024

California Gov. Newsom vetoes AB 3129, stopping new restrictions on private equity and hedge fund-backed healthcare deals but other regulatory hurdles for healthcare investors remain in place.

Tuesday, November 5, 2024

Pursuing early settlement of disputes allows parties to maintain control over the process and outcome, reducing reliance on overburdened judges and unpredictable juries while minimizing economic, timing, and emotional costs.

Monday, November 4, 2024

The Ex Parte Loophole: California courts likely will adopt an exception to malicious prosecution requirements which otherwise require favorable termination when an ex parte has been granted with no opportunity to be heard.
Professor Carl T. Bogus argues that the Second Amendment was included in the Bill of Rights to protect slavery, as Southern states feared the possibility of slave rebellions and the potential for the federal government to disarm the slave patrols. Bogus's research contradicts Justice Antonin Scalia's notion that the Second Amendment was meant to facilitate citizen insurrections against a "tyrannical" federal government.
At a recent party, an older man claimed that only "very wealthy" individuals could afford a subscription box at the Hollywood Bowl, prompting reflection on classism and the misconceptions surrounding wealth and lifestyle choices.

Friday, November 1, 2024

California's latest compliance laws target everything from textiles and paint to carpet recycling and warehouse operations. Here's what companies need to know to stay compliant in 2024 and beyond.
Issuing a Form 1099 to a client can result in the client receiving multiple forms for the same settlement, complicating their tax return and potentially increasing their tax liability.

Thursday, October 31, 2024

The recent court decision may enhance local government authority to limit access and newsgathering for journalists, even in traditionally open public spaces.
The California DMV has officially suspended written knowledge tests for elderly drivers, igniting debates about road safety and the challenges of aging drivers. Discover the implications of this controversial policy change on California's aging population and road safety standards.

Tuesday, October 29, 2024

Despite recent political and legal challenges, many organizations still value DEI initiatives, though some have scaled back or restructured these efforts under broader ESG frameworks.
On Oct. 25, Delta Air Lines filed a lawsuit against CrowdStrike in Atlanta, claiming gross negligence, intentional misrepresentation, breach of contract, and various other legal violations. The lawsuit stems from a global technology outage that led to 7,000 flight cancellations over five days, costing Delta more than $500 million.

Friday, October 25, 2024

The judicial system in California is facing significant challenges due to inadequate salaries and staffing, resulting in delays and dismissals of cases, and undermining public trust.
The Department of Justice, along with eight state attorneys general, filed a complaint against RealPage for using software that collects nonpublic data from competing landlords to make pricing recommendations, effectively fixing rental prices.

Wednesday, October 23, 2024

The court's ruling aims to significantly reduce veteran homelessness and improve access to medical care, though implementation faces bureaucratic challenges.
Landlords are advised to review SB 1103 carefully and prepare for compliance, as the legislation includes ambiguities that may require further clarification through additional laws or court cases.

Tuesday, October 22, 2024

The late 1800s in California's San Joaquin Valley were marked by violent conflicts between the monopolistic Southern Pacific Railroad (SP) and local farmers, leading to infamous train robberies and prison escapes involving figures like Christopher Evans and John Sontag.

Monday, October 21, 2024

The Supreme Court appears divided, with some justices suggesting General Prohibitions are acceptable if the EPA lacks sufficient data for specific limitations. The court's decision could reshape the regulatory landscape.

Friday, October 18, 2024

The U. S. Court of Appeals for the Ninth Circuit has ruled in Singh v. Garland that the government cannot arbitrarily rely on affidavits from other asylum seekers with similar claims to negate the credibility of an individual asylum seeker. The ruling highlights the complexities of asylum claims and the need for nuanced and individualized assessments.
Patients may not fully understand how their data will be used by AI, making informed consent challenging. Algorithmic transparency is essential to scrutinize and challenge AI decisions.

Thursday, October 17, 2024

Meeting statutory deadlines in bankruptcy cases is crucial for both debtors and creditors to protect their rights and maximize recovery potential.
Regulation of Big Tech is urgently needed due to the harmful impact of social media on mental health, particularly among minors, and the inadequacy of current laws like Section 230 of the Communications Decency Act.

Tuesday, October 15, 2024

Psychiatric Advance Directives (PADs) in California let individuals specify their mental health treatment preferences for future crises. They may be less revocable during times of incapacity, helping to prevent unnecessary interventions or conservatorships.
California law currently exempts tax-qualified retirement plans and their distributions from creditor claims, provided distributions are deposited into a segregated bank account. However, IRAs are only partially exempt based on a means test.

NEWS

General News

Monday, November 11, 2024

Pfizer Inc says the contraceptive Depo-Provera has been approved by the FDA as safe for 30 years but is updating its labels with warnings about long-term use.
General News

Monday, November 11, 2024

It's the second time a jury has ruled in favor of plaintiffs, who are heirs of the late juice magnate.
General News

Monday, November 11, 2024

The ruling does not clear the Menlo Park company of wrongdoing. Meta Platforms and several other social media companies face ongoing litigation by states and individual plaintiffs in multidistrict litigation accusing the platforms of promoting compulsive online use by young people and concealing its harm.
General News

Monday, November 11, 2024

It's the second time a jury has ruled in favor of plaintiffs, who are heirs of the late juice magnate.
General News

Monday, November 11, 2024

When Iraq war veteran Rob Reynolds discovered fellow veterans living in a homeless encampment just outside the VA's West Los Angeles campus, he knew he had to act.
General News

Friday, November 8, 2024

The government argued the VA would be irreparably harmed because it would have to cut back on helping veterans in other areas to comply with the order.
General News

Friday, November 8, 2024

California Legislature called into special session, attorney general talks litigation fights in response to President-elect Donald Trump.
General News

Thursday, November 7, 2024

Assistant U.S. Attorney Fred Sheppard characterized the scale of Navy corruption in this case as historically unprecedented.
General News

Thursday, November 7, 2024

A judge vacated leases the government signed with the private school, UCLA and others and has ordered rapid production of shelters for homeless veterans on the land, including where the schools have sports facilities.
General News

Thursday, November 7, 2024

A 1st District Court of Appeal panel's ruling on a subdivision risks taking planning power away from cities, an attorney for the city of Oakland told the state Supreme Court.
General News

Tuesday, November 5, 2024

In both cases, said Ryan Gordon of Advancing Law for Animals, who represents the family whose goat was killed, the issues appear to be unlawful seizure without notice and opportunity to be heard, without due process.
General News

Tuesday, November 5, 2024

The city of Los Angeles appears to have prevailed, for now, in a lawsuit accusing it of failing to enforce fairness of the tee-time booking process at city-owned golf courses.
General News

Tuesday, November 5, 2024

The state's lawsuit comes after Norwalk adopted an urgency ordinance imposing a moratorium on the approval of shelters and other supportive housing, as well as car washes, laundromats, payday lenders and liquor stores.
General News

Monday, November 4, 2024

Attorneys for the former employee claim she was fired after requesting accommodation for health problems caused by alleged mold exposure at her workplace.
General News

Monday, November 4, 2024

Attorneys for Sony claim CBS prioritized less popular shows that it owned at the expense of the two famous game shows.
General News

Friday, November 1, 2024

The VA says it will have to cut back on helping veterans in other areas to comply with judge's order that covers only the West LA campus.
General News

Friday, November 1, 2024

Attorneys for Los Angeles County claim the beverage giants engaged in "disinformation" efforts related to the recyclability of their plastic bottles.
General News

Thursday, October 31, 2024

Huntington Beach City Attorney Michael E. Gates said he would ask the full 9th Circuit to review the decision en banc. "It misstates the law," he said.
General News

Thursday, October 31, 2024

Plaintiff Gabriel Rueda raised a "triable issue of material fact" relating to an alleged finder's fee agreement he is seeking to enforce, an L.A. judge ruled.
General News

Thursday, October 31, 2024

Judge Stephen I. Goorvitch appeared inclined to order the approval of a Sun Valley housing project that plaintiffs claimed was denied for political reasons.
General News

Thursday, October 31, 2024

Attorneys for the company claim that San Francisco overcharged it for two separate taxes and should have refunded the money following a settlement agreement earlier this year.
General News

Tuesday, October 29, 2024

A jury this year found Terren Peizer used undisclosed insider information regarding the likely termination of his company's biggest health insurance client when he sold more than $20 million in stock.
General News

Tuesday, October 29, 2024

Judge Christopher Lui, declining to approve sanctions against the plaintiff, said issues over definitions were best left for next month's trial.