Daily Commerce
Friday, June 21, 2024
GUEST COLUMNS

Friday, June 21, 2024

The U.S. Supreme Court ruled that a bump stock modification of a semi-automatic rifle did not convert it to an illegal machinegun, and that the ATF exceeded its statutory authority under Section 5845 (b).
The Department of Justice (DOJ) has seen record highs in False Claims Act enforcement in 2023, with a focus on healthcare fraud, pandemic-related fraud, and increased scrutiny of private equity and venture capital firms alongside their portfolio companies.
Few can challenge the wisdom of prescribing medications for life-threatening health conditions. Yet many would balk at the suggestion of "prescribing" housing, even though research and lived experience show us that homelessness is a life-threatening condition in the U.S.
It's no surprise that California health care workers have questions about a new state law that will give them a higher minimum wage. It has different pay scales based on where they work and who they work for. And, Gov. Gavin Newsom has turned its start date into a moving target, confusing both workers and employers.

Wednesday, June 19, 2024

Thinking out loud about revised Civil Code 2924m, which allows more time for bidding and may permit a bankruptcy filing after the foreclosure auction.
The Supreme Court did not address the merits of the plaintiffs' claims, left open the possibility of future lawsuits or policy changes, and deferred to the legislative and executive branches to amend the FDA's authority if they deem it appropriate.
A first-of-its-kind orientation inside the San Quentin Rehabilitation Center last month helped illuminate what California can do to keep its prison population decreasing if lawmakers approve a budget cut that would close dozens of housing blocks statewide.
Several members of California's Legislative Black Caucus launched a statewide tour in San Diego Saturday to promote a slate of 14 reparations bills, including a measure that could change the state constitution to end forced prison labor.
When a judge ruled recently that a controversial state housing law did not apply to a handful of southern California cities, Julie Testa saw it as an invitation.
Within the next week and change, Democrats who control the Legislature and fellow Democrat Gov. Gavin Newsom will need to reconcile their competing budget plans for higher education in California, with huge implications for student financial aid and the short-term fiscal health of the state's public universities.

Tuesday, June 18, 2024

The problem method involves handing out a short story that poses several legal issues related to the cases assigned for the week, and asking students to prepare and discuss an outline of the issues in class. This method helps students remember the rules, practice exam-writing, apply the law to complex situations, and have fun playing lawyer.
Shippers and carriers may face huge losses or disputes if they neglect or omit the details of their contracts, such as the value, nature and package of the goods, the scope and limits of liability, and the extension of the Carriage of Goods by Sea Act to off-vessel periods.
California's nonprofits have been dragged into a bitter legislative battle with some of the state's most powerful labor organizations over local government contracts with non-union workers.
Within the next week and change, Democrats who control the Legislature and fellow Democrat Gov. Gavin Newsom will need to reconcile their competing budget plans for higher education in California, with huge implications for student financial aid and the short-term fiscal health of the state's public universities.

Monday, June 17, 2024

Contributing to charity can diminish tax obligations, yet it can also entail pitfalls like quid pro quo donations, valuation challenges, and compliance with reporting mandates.
The 11th U.S. Circuit Court of Appeals ruled that the Fearless Fund's Strivers Grant Contest, which provides $20,000 to businesses owned by Black women, violates a civil rights law that prohibits racial discrimination in contracts.
After legislative leaders failed to reach an agreement with Gov. Gavin Newsom about how to close California's projected multibillion-dollar deficit, the Legislature passed a placeholder state budget Thursday, just ahead of a mandatory deadline.

Thursday, June 13, 2024

The jury in New York made clear that no one, not even a former president, is above the law.
Uber on Monday lost its long-running attempt to overturn a California law that would require it to provide employment rights to its drivers and delivery workers.

Wednesday, June 12, 2024

In "1984," George Orwell's novel about a dystopian future, he describes "newspeak," a propagandistic language of euphemisms and inversions used by officialdom to mask the reality of their meaning.
California has a rich and complex history. With that, comes a responsibility to acknowledge and address the painful legacy of slavery.

Tuesday, June 11, 2024

The report fails to provide verifiable data or specific analysis to justify its proposals, and in some cases, contradicts its own facts and findings.
Imagine growing up in a home where tap water consistently runs a stomach-churning brown, sometimes with an odor.
As many as 300,000 Californians have until June 30 to take advantage of a one-time offer to qualify for faster student loan forgiveness, lower monthly payments or outright forgiveness for federal loans borrowed before 2010.
One year after Gov. Gavin Newsom proposed changing the U.S. Constitution to place new restrictions on gun ownership, no other states have joined his campaign for a 28th amendment.

Monday, June 10, 2024

Tax professionals can play a vital role in clarifying the taxation of damages and legal fees, assessing tax gross-up assertions, unraveling complexities in tax-related investments, and pinpointing tax reporting inaccuracies.

Friday, June 7, 2024

Every tax season hundreds of thousands of Californians are hit with an unexpected bill: They owe hundreds of dollars or more to the IRS because they accepted more money in subsidies for health insurance than they were allowed.

Wednesday, June 5, 2024

When La Prensa publisher and longtime Chula Vista resident Art Castañares first filed a public records request in 2021 to review video footage from police department drones, he wanted "to see how police use the new drones and whether they may be violating people's privacy rights as they fly over thousands of homes around the city."

Tuesday, June 4, 2024

California is facing a crisis as insurance companies are leaving the state due to the increasing frequency and severity of climate-related disasters. The insurance industry must be allowed to use "forward-looking" models to calculate premiums and spread the risk of disasters without encouraging risky behavior.
The Court ruled that challenges to a re-districting map must establish that "race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district." The Court further noted that the Fourteenth Amendment prohibits a state from engaging in racial gerrymandering unless it satisfies strict scrutiny.
The man who would finally break up California is a real estate developer from Rancho Cucamonga.

Monday, June 3, 2024

Self-regulation is a messy business. In politics, it can seem elusive.

Tuesday, May 28, 2024

Seven years ago, California's Supreme Court declared broad support for the historic right of voters to make law through the initiative process.
In March 2023, Gov. Gavin Newsom stood before a crowd in Sacramento's Cal Expo event center and made a promise: He'd send 1,200 tiny homes to shelter homeless residents in the capital city and three other places throughout the state.

Friday, May 24, 2024

When Gov. Gavin Newsom unveiled a much-revised 2024-25 state budget this month, he became visibly irritated when reporters pressed him about raising taxes to cover a $44.9 billion deficit, particularly the corporate tax hikes that left-leaning groups have suggested to avoid spending cuts in health, welfare and education programs.
Based on their line of questioning, California Supreme Court justices seemed to be reaching for a compromise as they heard oral arguments Tuesday in the long-running legal saga over whether gig workers should be considered independent contractors or employees.
Special interest groups spent more than $114 million to lobby California officials and legislators in the first quarter of this year, matching the pace last year when a record $480 million was spent to influence state policy decisions.
Few places in California are as unforgiving for driving an electric car as the remote and sparsely populated Imperial Valley.

Thursday, May 23, 2024

Homelessness gets top billing in a measure likely to make it onto your November ballot. Whether the measure has anything to do with homelessness is debatable.

NEWS

General News

Friday, June 21, 2024

There are hundreds of thousands of immigrants in the United States who have been living in the country illegally for years, working and making a living, starting families and sending their children to school. President Joe Biden says they can stay.
General News

Friday, June 21, 2024

Democratic lawmakers added poison pill amendments to at least 10 retail theft bills this week. The maneuvers came amidst growing evidence of a breakdown in negotiations to remove from the November ballot a voter initiative that would roll back Proposition 47.
General News

Friday, June 21, 2024

The decision benefits insureds by giving them flexibility to choose how best to use their insurance assets. It also enables insureds to pick which policies to pay for which claims and which policies to reserve for future claims.
General News

Friday, June 21, 2024

The U.S. Supreme Court will consider a 9th U.S. Circuit Court of Appeals decision during its next term allowing a securities fraud case to proceed against Nvidia Corp. over the scope of its sales to cryptocurrency miners in 2017 and 2018.
General News

Friday, June 21, 2024

Enivronmental advocacy groups are urging Federal Emergency Management Agency to extend disaster relief funding to include extreme heat and wildfire smoke, but some legal experts wonder if those organizations and the government could ever agree on what constitutes these events.
General News

Friday, June 21, 2024

Risk tolerance can play a large part in determining the structure and composition of an individual's investments and financial plan. As an investor, it's important to know your risk tolerance for investments and be aware of circumstances that may affect it. Evaluating your risk tolerance regularly can help ensure your portfolio mix is still aligned with your current situation and future goals.
General News

Wednesday, June 19, 2024

Attorneys at Fish & Richardson PC lodged a $1 billion lawsuit on behalf of Tesla Inc. in federal court in San Jose accusing a supplier of stealing trade secrets related to battery technology and sharing them with the electric vehicle maker's competitors.
General News

Wednesday, June 19, 2024

California could become the fourth state to ban legacy admissions preferences at universities under a bill making its way through the state Legislature.
General News

Wednesday, June 19, 2024

Gov. Gavin Newsom and the California Legislature are in intense negotiations over the details of an austere state budget. But one area where there seems to be a consensus is a reduction in the Judicial Branch budget.
General News

Tuesday, June 18, 2024

Workforce As a Service, Inc., the company behind temporary staffing agency WorkWhile, was accused of "brazenly" misclassifying its "low wage, hourly workers" as independent contractors and committing "systemic wage theft" in a lawsuit filed by the State of California on Friday.
General News

Tuesday, June 18, 2024

California's Private Attorney General Act has become one of the most common and successful ways to sidestep arbitration agreements in labor and employment contracts. Meanwhile, recent court decisions have reinforced the effectiveness of the 2004 law. The proposed initiative would repeal PAGA.
General News

Tuesday, June 18, 2024

A federal judge in San Francisco met with attorneys for Elon Musk and former Twitter executives suing the billionaire for $128 million in backpay, telling them on Friday that she would stay discovery until deciding on Musk's bid to toss the plaintiffs' equitable relief claim under ERISA.
General News

Tuesday, June 18, 2024

Recently-enacted Senate Bill 553 (SB 553) amended the California Labor Code to require most California employers to establish and implement an effective, written workplace violence prevention plan (WVPP) containing specific information by July 1, 2024. An employer's WVPP must include effective procedures for identifying, evaluating, and correcting workplace violence hazards and reporting and investigating workplace violence incidents.
General News

Monday, June 17, 2024

Allen Matkins Leck Gamble Mallory & Natsis LLP significantly enhanced its real estate practice by bringing in a team from Goodwin Procter LLP, led by partner Dean Pappas. This new team brings extensive experience in joint ventures, private equity, and finance.
General News

Monday, June 17, 2024

Shopping center landlords have found themselves in a wholly unfamiliar position: For the first time in 20 years, demand for retail space outstrips supply.
General News

Monday, June 17, 2024

A Los Angeles County judge on Thursday ruled in favor of tenants in one of the largest eviction cases in recent history, finding that landlord Douglas Emmett Inc.'s actions were inconsistent with California's Ellis Act. The decision prevents the eviction of hundreds of tenants from the Barrington Plaza complex in West Los Angeles.
General News

Monday, June 17, 2024

A proposed gender pay discrimination class action was filed against Apple Inc. in San Francisco Superior Court on Thursday. The lawsuit alleges that Apple's "pay expectation" hiring practice systematically results in female employees being paid less than their male counterparts.
General News

Thursday, June 13, 2024

Silicon Valley Bank imposed "systemic illegal employment practices" on hourly employees, including forcing them to work through meal breaks and failing to reimburse business-related expenses, according to a proposed class action filed in Santa Clara County Superior Court.
General News

Thursday, June 13, 2024

In a move that could create significant legal and procedural complications, Democratic lawmakers in California are considering adding poison pill provisions to several bills aimed at addressing retail theft. These clauses would render the new laws invalid if voters pass a Proposition 47 overhaul this fall.
General News

Thursday, June 13, 2024

Last year, my colleague Tara Siegel Bernard and I wrote a series of articles about banks that shut down the checking accounts of scores of everyday citizens and small businesses. There was often no clear reason, explanation or recourse.
General News

Thursday, June 13, 2024

As an architect, Ivan Rupnik thinks the solution to America's affordable housing shortage is obvious: Build more houses. Start today. But the way homes are built in the United States makes speed impossible.
General News

Thursday, June 13, 2024

Johnson & Johnson will pay $700 million over three years to settle claims by 43 state attorneys general, including California, that the pharmaceutical giant's baby powder and other talc-based products are carcinogenic, the company announced.
General News

Wednesday, June 12, 2024

LOS ANGELES — When the popular Academy Museum of Motion Pictures opened in 2021 with exhibits celebrating the diversity of the film industry, the museum was criticized for having largely omitted one group: the Jewish founders of Hollywood.
General News

Wednesday, June 12, 2024

Consider a common scenario: You're driving on the highway, thinking about something that happened at work or what you're going to eat for dinner, and your car starts beeping.
General News

Wednesday, June 12, 2024

Lawmakers in California last month advanced about 30 new measures on artificial intelligence aimed at protecting consumers and jobs, one of the biggest efforts yet to regulate the new technology.
General News

Wednesday, June 12, 2024

The 9th U.S. Circuit Court of Appeals, reversing a three-judge panel, ruled Monday that Uber Technologies Inc. and its subsidiary Postmates do not have an equal protection claim against the state over legislation, AB 5, that they said targeted their businesses by requiring them to treat drivers as full-time employees.
General News

Wednesday, June 12, 2024

CNET Networks, Inc., a leading tech and consumer electronic media company, was hit with a proposed class action last week, accusing the company of using "pen registers" to illegally track the IP addresses of California residents visiting the company's website, CNET.com.
General News

Tuesday, June 11, 2024

Three UCLA students, including two who attend the law school, sued the university for allowing an encampment in the middle of campus that they said barred Jewish students.
General News

Tuesday, June 11, 2024

Longtime colleagues have launched a new civil litigation venture at Schonbuch Hallissy LLP.
General News

Tuesday, June 11, 2024

America is saturated with food trademarks. The Cronut? Trademarked. Pop-Tarts? Trademarked. Even grapes that taste like cotton candy, and the mash-up of gai lan and broccoli called Broccolini are legally protected.
General News

Tuesday, June 11, 2024

A woman who claims to be the inspiration for a character portrayed as a rapist and convicted stalker in the hit miniseries "Baby Reindeer" has filed a $170 million defamation lawsuit against Netflix. She claims the show "outrageously" and inaccurately portrayed her as criminal, pointing to a 2014 tweet she claims links her to the show.
General News

Monday, June 10, 2024

Since the early days of the pandemic, owners of big buildings in New York and other large cities have been desperately hoping that the commercial real estate business would recover as workers returned to offices.
General News

Monday, June 10, 2024

SAN DIEGO — For years, Father Joe's Villages, a nonprofit homeless services provider and housing developer in Southern California, could reliably count on the insurance premiums for its properties rising up to 10% every year.
General News

Monday, June 10, 2024

A federal fair-housing law prohibits discrimination in housing based on race, ethnicity, religion and other factors, like gender identity and disability. That applies to any number of scenarios, in which such discrimination has occurred: a homeowner refusing to negotiate a sale; a landlord failing to make repairs; a mortgage lender denying a loan.
General News

Monday, June 10, 2024

Quinn Emanuel Urquhart & Sullivan LLP has been disqualified from representing on appeal a defendant who lost a $10 billion breach of contract dispute because the firm's attorneys consulted with the plaintiff about potentially representing him in the matter more than 20 years ago.
General News

Friday, June 7, 2024

The state Supreme Court considered Wednesday whether the city of Los Angeles could be sanctioned for $2.5 million for discovery abuse during a legal dispute with PricewaterhouseCoopers LLC over a lawsuit it dropped.
General News

Friday, June 7, 2024

Ontrak Inc. founder and former CEO Terren Peizer intended to sell his share of the company due to approximately one million expiring stock warrants months before executives at Cigna – Ontrak's largest health insurance client at the time – raised financial concerns to him and later terminated their contract with the company, his attorney told a jury during opening statements late Tuesday afternoon.
General News

Friday, June 7, 2024

In 2023, Americans reported they were the victims of more nearly $10 billion in financial fraud1.
General News

Friday, June 7, 2024

A Los Angeles County judge sustained demurrers by the county to a lawsuit seeking the closure of the Chiquita Canyon Landfill, the subject of thousands of complaints from nearby residents. In his ruling on Wednesday, Judge Stephen I. Goorvitch found that the petitioners, a coalition of citizens, did not allege any violation of ministerial duty by the county and that their discrimination claims could not stand.
General News

Wednesday, June 5, 2024

The general manager of a Los Angeles spice supplier is accused of bleeding the company dry to pay for tuition fees and new cars in a lawsuit filed in Los Angeles County. The complaint claims that defendant Juan Carlos Romano conspired to divert company funds away from El Ruisenor de Mexico Inc., in part by forcing it to purchase inferior products from a separate company he secretly formed.
General News

Wednesday, June 5, 2024

Borrowers of the popular "buy now, pay later" installment loans should find it easier to dispute charges and get refunds under a new rule announced by the federal government last week.
General News

Wednesday, June 5, 2024

SAN FRANCISCO — A group of OpenAI insiders is blowing the whistle on what they say is a culture of recklessness and secrecy at the San Francisco artificial intelligence company, which is racing to build the most powerful AI systems ever created.
General News

Wednesday, June 5, 2024

Counsel for disbarred attorney Tom Girardi argued his celebrity status and "voluminous publicity" before and after his California indictment would put his constitutional rights in jeopardy should a federal judge decline to issue private questionnaires to potential jurors in his upcoming wire fraud trial.
General News

Tuesday, June 4, 2024

The variant, called KP.2, is steadily overtaking what had been the dominant COVID variant for most of the year in the United States, raising the possibility of a summer surge in cases in California and across the nation.
General News

Tuesday, June 4, 2024

A Los Angeles lawsuit accusing Madonna of breach of contract and intentional infliction of emotional distress because the temperature at her concert venue was too hot, she started the show late and had topless women on stage is unlikely to succeed, according to attorneys familiar with the matter.
General News

Tuesday, June 4, 2024

Bradley/Grombacher LLP hopes to make the world a little better one case at a time.
General News

Monday, June 3, 2024

A security guard who was fired after he reported misconduct by administration officials at the Redlands Unified School District won a wrongful termination lawsuit and was awarded $800,000.
General News

Monday, June 3, 2024

Popular prebiotic soda brand Poppi, one of the leading nonalcoholic beverages on the market, was accused in a newly filed proposed class action of misleading consumers about the gut health benefits of its products.
General News

Monday, June 3, 2024

LOS ANGELES — For months, Los Angeles residents believed the park had been vacated. Only the memory of P-22, the beloved celebrity mountain lion who had once made it his home, lingered as the city mourned his death. That was until this month, when an apparent successor — another mountain lion, seemingly bigger, younger and stronger — emerged late one night.
General News

Monday, June 3, 2024

Typically quiet Santa Catalina Island, off the coast of Los Angeles, erupted in tumult last fall over a bold proposal to kill all the deer on the island using sharpshooters in helicopters.
General News

Monday, June 3, 2024

When Interstate 25 was constructed through Denver, highway engineers moved a river.
General News

Monday, June 3, 2024

The U.S. economy has been an enigma over the past few years. The job market is booming, and consumers are still spending, which is usually a sign of optimism. But if you ask Americans, many will tell you that they feel bad about the economy and are unhappy about President Joe Biden's economic record.
General News

Monday, June 10, 2024

A multibillion-dollar antitrust class action against the National Football League over the legality of its "Sunday Ticket" broadcast package opened Thursday to a jury in a courtroom so full it spilled into overflow seating.
General News

Monday, June 3, 2024

Neutral Craig Karlan understands that flexibility is crucial to reaching a resolution.