Daily Commerce
Friday, May 15, 2026
GUEST COLUMNS

Thursday, May 14, 2026

The DOJ's narrow marijuana rescheduling order may deliver long-awaited tax relief for licensed medical operators, but in California it also reframes cannabis activity through the lens of traditional health care law, with immediate implications for MSOs, clinicians and investors.
A Hollywood mentor-protégé tradition--where wisdom is forged through pressure, proximity and example--is embodied in the life and legacy of entertainment lawyer Sam Semon, whose principled leadership in dealmaking, studio politics and human relationships taught that true mentorship is not instruction but the transmission of judgment, integrity and character across generations.

Wednesday, May 13, 2026

San Gorgonio Pass Water Agency has long understood a simple truth that a recent economic forecast confirms: Reliable water infrastructure is the foundation of regional prosperity.
Los Angeles is now paying for years of deferred maintenance on both sides of the ledger, as sidewalk hazards and streetlight outages drive repair costs and liability exposure.

Tuesday, May 12, 2026

CalPERS settled a seven-year dispute over post-retirement work restrictions after a judge barred recovery of alleged overpayments, but the case left unresolved who qualifies as an employee under state retirement law.
Court of appeal holds Privette applies without a written contract and bars claims despite alleged "no permits" directive, while dissent warns the decision lets owners avoid liability by controlling illegal and unsafe work conditions.

Monday, May 11, 2026

In an era of remote practice, lawyers who view supervision as merely reactive risk serious professional consequences, as state bars and courts increasingly expect proactive oversight of lawyers and nonlawyers alike to prevent misconduct before clients are harmed.
For over a century, California trial courts have effectuated pretrial detention through sureties set at amounts a defendant could not pay. Kowalczyk answers two questions long reserved by the Court and holds the practice cannot continue.

Friday, May 8, 2026

The House of Representatives has passed bipartisan legislation that would amend the Internal Revenue Code so survivors of sexual abuse and unwanted, illegal sexual contact no longer pay taxes on their legal settlement income.
As EPA PFAS drinking water standards shift and evolve, lawsuits over contamination and responsibility are rapidly expanding across the country.

Thursday, May 7, 2026

Neuroethics is rapidly emerging as a critical but underdeveloped field in law and policy, leaving the legal profession unprepared for the fast-moving rise of neural data collection, fragmented state regulation, and the coming challenges of neurotechnology across privacy, employment, IP and constitutional law.
As AI transforms computing into a race shaped as much by climate, water and power as by code, modular micro-data centers are redefining digital infrastructure by strategically shifting heavy workloads to cooler, resource-rich regions while preserving latency-critical capacity in selective local hubs like California.

Wednesday, May 6, 2026

The Supreme Court's 6-3 ruling in Louisiana v. Callais fundamentally undermined the Voting Rights Act by requiring proof of intentional discrimination under Section 2, making majority-communities of color districts far harder to create and defend.
As California's employment enforcement landscape grows increasingly aggressive, employers must prioritize proactive audits, updated timekeeping policies, and continuous compliance monitoring to navigate the state's unforgiving wage and hour laws heading into 2026.

Tuesday, May 5, 2026

The U.K.'s upcoming Competition and Markets Authority evaluation of the proposed Paramount-Warner Bros. transaction illustrates a growing reality in global merger review: Approval from U.S. regulators is no longer sufficient to ensure a deal's completion.
The 2024 decision in Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco, effectively imposed a new "duty to innovate," creating unprecedented liability for product manufacturers across the state.

Monday, May 4, 2026

As AI increasingly provides actionable assistance in dangerous contexts, the law must confront whether existing concepts of criminal liability are adequate when technology functionally aids violent crime without possessing human intent.
On April 22, the attorney general amended the Code of Federal Regulations, placing state-licensed medicinal cannabis into Schedule III--but in states like California, where 95% of retailers hold both medical and adult-use licenses, significant questions remain.

Friday, May 1, 2026

Uber has spent five years arguing Proposition 22 rewrote California tort law; a recent arbitration award confirms it did not--Section 5354 still imputes driver negligence to the permit holder, regardless of classification.
Even well-intentioned workplace initiatives may invite legal scrutiny--the EEOC's lawsuit against Coca-Cola illustrates an expanding view of actionable harm under Title VII.

Thursday, April 30, 2026

An offshore oil operator is caught between dueling sovereigns--ordered by the federal government to produce and by California to stop--risking significant penalties no matter which command it follows.
Prop. 36 promised accountability with rehabilitation, but its early implementation shows a deeper civil rights problem: discretion is driving unequal outcomes across California.

Wednesday, April 29, 2026

College football's unchecked NIL economy, transfer chaos and fragmented governance are creating legal and competitive instability that could be mitigated by a centralized, sport-specific commissioner.
The EEOC lawsuit against a Coca-Cola beverage distributor over a women-only company retreat marks the first time the agency has taken legal action against corporate DEI programming.

Tuesday, April 28, 2026

Despite perceived declines in Foreign Corrupt Practices Act enforcement, companies should continue to invest heavily in compliance because other statutes, global regulators, contractual obligations, and enduring business risks make anti-corruption compliance as important as ever.
With regulatory scrutiny of data centers intensifying across California, the success or failure of a project hinges on understanding the state and local frameworks standing between developers and approval.

Monday, April 27, 2026

The rise of AI-informed and data-savvy clients in family law is transforming attorney-client relationships by shifting consultations from procedural education to strategic counseling, requiring greater transparency, coordination and multidisciplinary practice management.
A copyright lawsuit over critical YouTube videos has been cited as part of a growing "copyright silencing" trend, raising concerns that infringement claims are being used to deter speech rather than protect markets.

Friday, April 24, 2026

As CARB implements a first-in-the-nation climate risk disclosure framework, it is giving insurers a pass even as other companies must assess and disclose climate risks.
Meta's removal of end-to-end encrypted Instagram DMs raises a threshold question: whether users' expectation that their messages are "private" carries any meaningful protection under California law.

Thursday, April 23, 2026

As agencies adopt law enforcement technology to improve investigations, these tools also generate vast records, requiring careful CPRA analysis to determine what must be disclosed.
AB 890 expanded nurse practitioner autonomy while leaving ownership unresolved--creating tension between the statute's grant of independence and California's ban on the corporate practice of medicine.

Wednesday, April 22, 2026

Prop. 65 has mushroomed from a modest regulatory requirement into one of the most powerful litigation tools in the world--and for manufacturers, suppliers and retailers, the question is no longer whether the law applies, but whether they are prepared to deal with the consequences.
ICE detention deaths are rising, often preventable and frequently tied to private contractors--yet California plaintiffs' attorneys have stronger tools than many realize to force accountability and recover damages.

Tuesday, April 21, 2026

On May 11, 1880, one of the American West's deadliest shootouts killed seven men at Mussel Slough in a railroad-versus-settlers dispute -- and the echoes still shape California government today.
A wave of class actions over influencer-marketing disclosures has turned compliance with FTC endorsement standards into active litigation under state consumer protection laws, prompting brands and attorneys to tighten contract terms governing clear and conspicuous sponsorship disclosures.

Monday, April 20, 2026

Amid mounting stress in the opaque private credit market, Burnell v. BlackRock TCP Capital Corp. spotlights investor claims that lenders inflated portfolio values--raising the specter of litigation reminiscent of the 2008 financial crisis.
Mittal v. Unilever frames a threshold question: when do statements made in the ordinary course of corporate governance become actionable defamation under the First Amendment.

Friday, April 17, 2026

U.S. military interventions are costly and often ineffective, leaving instability abroad while increasing financial, human, and political strain at home.
An ongoing oil shock is exposing California's energy vulnerability and the limits of Title 24, which, while improving efficiency, is increasingly misaligned with electrification, AI-driven demand and climate resilience needs.

Thursday, April 16, 2026

In California wildfire claims, insurers rely on Xactimate software--often using outdated data and adjustable inputs--to undervalue repair costs, making it critical for attorneys to challenge these estimates and ground claims in actual market conditions and policy terms.
Even when a mediation ends with a binding term sheet, the possibility that it becomes the only agreement should make you think about addressing tax issues upfront.
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