GUEST COLUMNS
Friday, January 10, 2025
The California Court of Appeal's Leeper
decision empowers employers to compel arbitration of individual PAGA claims,
even in cases seeking only non-individual penalties, streamlining PAGA
litigation.
The Supreme Court's denial of petitions keeps the California Clean Air Act waiver intact, but California's vehicle regulation journey is about to get bumpier.
Thursday, January 9, 2025
Proposition 65 updates, which went into effect Jan. 1, require naming chemicals in warnings, clarifying online and food labeling, add vehicle parts guidelines, and give businesses three years to comply.
California's Senate Bill 940 expands arbitration discovery rights, requires more consumer protections, and may reduce the cost-effectiveness of arbitration, prompting businesses to reconsider its use for dispute resolution.
Wednesday, January 8, 2025
California's new 2025 legislation reforms summary judgment deadlines, unlawful detainer procedures, and triple net expense protections for "qualified commercial tenants."
When California state Sen. Scott Wiener introduced the nation's most ambitious AI safety bill last year, it became a flashpoint in the debate over how to govern artificial intelligence.
In Hernandez v. City of Stockton, the
California Court of Appeal ruled that a pedestrian's lawsuit was barred because
his government claim, which cited an "uplifted sidewalk," did not match the
actual condition--a hole from an empty tree well--highlighting the need for
precise claims against public entities.
Tuesday, January 7, 2025
Taking a cue from Edward Bulwer-Lytton's much maligned opening sentence, your columnist is on the hunt for legal submissions that stand out for all the wrong reasons, with prizes for the best submissions.
As we advance college athletes' compensation rights, we must protect our players from exploitative pay-for-play schemes that threaten their careers in this evolving NIL landscape.
Monday, January 6, 2025
Seasoned attorneys can bring out the best in their baby lawyers with these tips for understanding and guiding them through that overwhelming first year.
California law offers military and mental health diversion programs to help veterans accused of crimes access rehabilitation instead of prosecution, with recent expansions allowing felony-level military diversion starting Jan. 1, 2025.
Friday, January 3, 2025
Under President Joe Biden, the U.S. and Turkey, both seasoned practitioners of "back channel" diplomacy, achieved a remarkable diplomatic feat with the release of American hostages held in Russia. Yet, it seems the world remains largely unaware--or indifferent--to the achievement.
Thursday, January 2, 2025
California's Racial Justice Act aims to eliminate racism from criminal courts, but recent judicial bias cases reveal the need for stronger oversight and accountability measures.
When attorneys scored a complete victory against Elon Musk's $56 billion Tesla pay package, Chancellor McCormick faced a novel challenge: how to award fees that would reward the win while avoiding an unprecedented windfall.
Tuesday, December 31, 2024
Starting Jan. 1, 2025, California's SB 399 will ban employers from penalizing workers for skipping meetings on political or religious views, expanding protections beyond union discussions to prevent coercion and safeguard workers' rights.
As Trump eyes extending his 2017 tax cuts, a $35 trillion national debt and mounting social costs pose critical challenges, creating a tension between his tax reduction goals and our nation's pressing needs.
Monday, December 30, 2024
A Trump-Musk administration may end federal EV tax credits and emission regulations while California imposes stricter oversight of autonomous vehicles, creating jurisdictional conflicts over electric car policy in 2025.
California's new Corporate Climate Data Accountability Act mandates large businesses to report Scope 3 greenhouse gas emissions by 2027, pushing companies toward greater environmental transparency and supply chain collaboration.
Friday, December 27, 2024
The federal government often avoids taking
responsibility for actions that affect property owners, leading to prolonged
litigation. A recent case, Ideker Farms, LLC. v. United States,
highlights this issue
President-elect Donald Trump's recent interest in purchasing Greenland, met with mockery and Denmark's refusal to sell, has spurred speculation about possible U.S. annexation, with legal experts citing historical precedents and military considerations as potential justification despite anticipated legal and cultural challenges.
Thursday, December 26, 2024
The 2024-2025 Supreme Court term will tackle key intellectual property cases, including issues of personal jurisdiction in patent disputes, trademark infringement damages, regulatory safe harbor for patented activities, and Federal Circuit procedures.
The 5th Circuit found that the diversity rules were not a disclosure requirement but a public-shaming penalty, and concluded that the rules were unrelated to the purposes of the Exchange Act.
Tuesday, December 24, 2024
The California Court of Appeals upheld a summary judgment in favor of a shopping center and its janitorial service, ruling that their regular inspections, including one just 8-9 minutes before the incident, were sufficient to meet their duty of care and there was no evidence of notice of the hazard.
Year-end is a stressful period with significant tax considerations, especially for law firms and individuals operating on a calendar year basis.
Monday, December 23, 2024
The Federal Communications Commission moved to permanently block calls from 2400 carriers that failed to tackle robocalls.
As smart contract adoption grows, arbitration provides an effective mechanism for resolving related disputes, aligning with the needs of modern digital commerce.
Friday, December 20, 2024
Franz Kafka's work, shaped by his legal background, offers timeless lessons for lawyers and judges, urging us to avoid the Kafkaesque--an opaque, irrational, and bureaucratic legal system that alienates and confuses those it is meant to serve.
A legal battle in Sacramento over a 500-foot radio tower pits CapRadio, claiming ownership based on a 1990 agreement, against KVIE, which argues the agreement expired. The outcome could impact both broadcasters' finances and the importance of clear wireless lease terms.
Thursday, December 19, 2024
While President-elect Trump has not specifically commented on corporate crime, there is speculation that DOJ programs like whistleblower rewards might be revised or removed, whereas longstanding corporate compliance and enforcement policies may remain largely unchanged.
California's 2025 ADR certification may mislead consumers about competence, exclude skilled solo practitioners, and create confusion by focusing on ethical standards without assessing expertise.
Wednesday, December 18, 2024
ABC News' $15 million settlement of a weak defamation suit with Donald Trump, coupled with an apology, undermines press freedom, emboldens frivolous lawsuits, and perpetuates the troubling notion that Trump operates above the rule of law.
Addressing the crisis of excessive and unconstitutional sentences requires systemic reform and proper funding for legal representation to ensure post-conviction relief becomes a reality, not an exception.
Tuesday, December 17, 2024
Preparation is key to success in mediation, just as it is in trial, requiring thorough briefing, pre-mediation conferences, client readiness, and creative solutions to achieve favorable and lasting outcomes.
The California Supreme Court's decision in Quach
v. California Commerce Club (2024) eliminated the decades-old
arbitration-specific burden requiring proof of prejudice for waiver, aligning
arbitration agreements with standard contract principles and placing the focus
solely on whether the party seeking to compel arbitration knowingly and
intentionally relinquished their right.
Monday, December 16, 2024
And so it begins: The 5th
Circuit's decision in MHACO v. Commissioner commences the "dissing" of Chevron
deference as applied to tax-exempt entities.
The California Legislature must strengthen the state's legal infrastructure--including enforcing housing discrimination laws, protecting tenants, and funding legal aid organizations--to mitigate the anticipated impact of federal policy shifts under the new administration, which threaten civil rights, housing stability, and support for vulnerable populations.
Friday, December 13, 2024
Taxpayers can amend their returns to claim refunds for taxes paid on settlements now considered tax-free, with a special provision extending the deadline for 2020 and 2021 returns.
Biden's H-1B reform faces a tight deadline, with key changes to "specialty occupation" definitions and degree requirements, but critics warn it could limit access to global talent and innovation.