GUEST COLUMNS
Tuesday, July 8, 2025
AI is reshaping legal practice--but when left unchecked, its subtle biases in language and logic can expose California attorneys to ethical and legal risks.
In Bradsbery v. Vicar Operating, Inc., the
California Court of Appeal, in a case of first impression, held that
prospective, revocable written waivers of meal periods for shifts between five
and six hours are enforceable if not coercive or unconscionable, providing
employers with legal clarity and operational flexibility.
Monday, July 7, 2025
The Senate narrowly passed the sweeping "One Big Beautiful Tax Bill," which includes major changes to small business stock rules, SALT deductions, school choice tax credits, and bonus depreciation -- policies with significant implications for California taxpayers.
As California fights to protect its century-old water rights while the Colorado River shrinks to dangerous lows, the nation's most populous state finds itself navigating between legal tradition and climate reality, with 40 million people's water supply hanging in the balance.
Thursday, July 3, 2025
In June 2025, ICE raids intensified across California as the DOJ escalated immigration enforcement efforts. Employers must understand their rights under federal law and California's AB 450 to avoid criminal liability and respond appropriately to ICE inspections.
If Herman Melville didn't need to write "Call me Ishmael ('Ishmael')," then legal writers shouldn't feel compelled to define every party with clunky parentheticals. Clear, consistent naming is better writing and better advocacy.
Wednesday, July 2, 2025
Business disputes are costly, complex, and often ruin relationships, but when approached with early communication, strategic mediation, and the right people at the table, resolution can be faster, cheaper and even lead to renewed collaboration.
While campaign ads must disclose who paid for them, lobbying ads -- especially digital ones -- often don't, and usually that's entirely legal.
Tuesday, July 1, 2025
Litigation funding, already complex and tax-sensitive, faces a seismic shift under the Senate's pending tax bill, which would impose a sweeping 40.8% excise tax on virtually all litigation financing profits--foreign or domestic--without offsets, exemptions for most existing deals, or regard for how the funding is structured, alarming funders, lawyers, and law firms alike.
With immigration enforcement intensifying in 2025, California employers face renewed federal scrutiny and must balance compliance with both I-9 rules and California's strict worker protection laws.
Monday, June 30, 2025
Thousands of homeowners are being denied insurance coverage for toxic smoke damage, despite clear health risks and legal protection.
As California's 2025 legislative session nears its close, lawmakers are advancing three impactful employment bills--targeting fake job ads, AI-driven management, and employee rights education -- that, if enacted, will reshape workplace transparency and compliance obligations statewide.
Friday, June 27, 2025
The U.S. Supreme Court's decision in Zuch redefines the boundaries of Tax Court jurisdiction in CDP cases, with potential implications for how collection disputes unfold during litigation.
As Congress advances the "One Big Beautiful Tax Bill," proposed Senate reforms signal a long-term, pro-investment future for Opportunity Zones -- expanding eligibility, enhancing tax benefits (especially in rural areas), and tightening reporting requirements, all with the potential to reshape how investors engage in distressed community development.
Thursday, June 26, 2025
Could a New Jersey township's plan to condemn a church for pickleball courts eventually become the U.S. Supreme Court case that finally defines what constitutes "pretextual" eminent domain?
If you have California customers sending you money -- even if you've never set foot in the Golden State -- California's tax authorities may come knocking with an income tax bill.
Wednesday, June 25, 2025
A new Supreme Court ruling hints that medical
expenses from personal injuries might now open the door to RICO claims -- but
don't expect a flood of new lawsuits just yet.
In the face of escalating violence and political resistance, federal ICE and CBP agents, attacked by rioters and left without timely local support in Los Angeles, now confront a controversial California SB 627 that's seeking to unmask them.
Tuesday, June 24, 2025
As tensions escalate between Israel and Iran, the United States faces renewed pressure to weigh military involvement -- raising urgent constitutional questions about who holds the power to declare war and whether recent presidents have sidelined Congress in one of the nation's gravest decisions.
As accusations of politically motivated "debanking" grow louder, from religious groups to crypto firms, regulators and courts are stepping in, urging banks to adopt viewpoint-neutral policies that protect both financial access and First Amendment principles.
Monday, June 23, 2025
California's Vehicle Code section 17004.7
provides public entities with immunity from liability in pursuit-related
crashes if they adopt and regularly train officers on pursuit policies, but
ongoing litigation, including the case Gilliland v. City of Pleasanton,
could significantly impact the scope of that immunity.
A Georgia court's dismissal of the first AI hallucination defamation suit underscores just how early -- and unsettled -- the legal questions remain around generative AI's liability.
Friday, June 20, 2025
Devastated parents and bipartisan leaders are calling for urgent reform of Section 230, as Big Tech continues to hide behind the outdated law while their platforms target, addict, and endanger kids -- with deadly consequences.
Generative AI platforms are turning to centuries-old public domain documents to train their systems and sidestep billion-dollar legal battles over the use of protected works.
Thursday, June 19, 2025
Public entities often invoke trail immunity in
tree-fall cases, but Toeppe v. City of San Diego draws a clear line--if
the hazardous tree exists independent of the trail, § 831.4 does not apply.
As urban fires grow more toxic, firefighters face mounting exposure to dangerous substances like mercury, lead, and carcinogens--risks that are reshaping legal protections, expanding the scope of workers' compensation, and highlighting the need for better exposure documentation and civil remedies when misrepresentation or third-party misconduct is involved.
Wednesday, June 18, 2025
The deployment of military forces to Los Angeles amid peaceful protests lacks constitutional or statutory justification and raises serious concerns about potential autocratic overreach.
In a powerful and meticulously reasoned opinion, Judge Charles Breyer correctly ruled that President Trump's unprecedented federalization of the California National Guard to suppress protests in Los Angeles violated federal law, underscoring the critical importance of judicial oversight in preventing unchecked presidential authority and the unlawful militarization of domestic affairs.
Tuesday, June 17, 2025
As state-sponsored cyberattacks grow more disruptive, insurers are expanding the War Exclusion to deny coverage even in peacetime--threatening to leave U.S. businesses exposed to financial losses that were previously handled through cyber insurance.
The Supreme Court ruled unanimously in Ames v. Ohio that Title VII protects all workers equally, striking down the extra "background circumstances" burden for majority-group discrimination claims and unifying the standard for all plaintiffs.
Monday, June 16, 2025
The Trump administration's sweeping "One Big Beautiful Bill Act" may be doomed to fail because it illegally stuffs non-budgetary provisions--from AI regulation bans to court enforcement restrictions--into a fast-track budget process that's supposed to handle only fiscal matters.
National Audubon reframed water rights as
conditional privileges, establishing that environmental values are core
criteria--not secondary considerations--in California's ongoing water governance.
Friday, June 13, 2025
What is happening in Los Angeles today is not unprecedented--and if we ignore the lessons of our past, including the vital role immigrants have played in building our state and sustaining our economy, we risk repeating the injustices we once rose up to resist.
President Trump's second-term immigration agenda marks a sharp escalation from his first, with an aggressive revival of civil denaturalization efforts that put not only naturalized citizens--but also their spouses and children--at risk of losing U.S. citizenship based on past omissions or alleged misstatements, no matter how minor.
Thursday, June 12, 2025
The Supreme Court's decision eliminates extra burdens for majority-group plaintiffs, casting new doubt on California's Assembly Bill 7 and its reparative admissions policy.
Citing a rarely used statute and without the governor's request--President Donald Trump deployed 2,000 National Guard troops following ICE raids that sparked resistance, igniting a constitutional clash over presidential power, the limits of military enforcement and the meaning of "rebellion."
Wednesday, June 11, 2025
In the aftermath of devastating wildfires and mounting litigation, Los Angeles faces a critical need for accelerated legal resolution to protect its financial future and public interests--especially ahead of global events--raising the urgent question of who will lead the city forward.
Wildfire victims may be able to reduce, delay, or avoid paying taxes on insurance or settlement proceeds--especially if the fire is classified as a federally declared disaster, which unlocks key tax relief options like casualty loss deductions and Section 1033 deferrals.
Tuesday, June 10, 2025
After avoiding foreign business deals during his first term, President Trump and his family now appear to have embraced international dealmaking. It's time for the public to take notice.
Despite spending significant resources to support victims, district attorney offices often fail to address serious ethical risks--particularly under Rule 4.3--when prosecutors, without proper guidance or safeguards, inadvertently give legal advice to unrepresented victims whose interests may conflict with those of the prosecution.
Monday, June 9, 2025
A recent decision by the U.S. Court of International Trade held that President Trump exceeded his authority under the International Emergency Economic Powers Act by imposing sweeping tariffs, ruling the measures unconstitutional and enjoining their enforcement--setting the stage for ongoing appellate battles that could ultimately reach the Supreme Court.
The California Supreme Court in Escamilla v. Vannucci clarified that the one-year statute of limitations under Code of Civil Procedure § 340.6 applies only to claims by clients or intended beneficiaries against attorneys, while claims by non-clients--such as third-party malicious prosecution actions--are governed by the statute of limitations for the underlying cause of action.
| San Jose Post Record |
| 2175 The Alameda Ste 103 |
| San Jose, CA 95126 |
| Phone: (408) 287-4866 |
| Fax: (408) 287-2544 |
| Business Hours: |
| M - TH 8:00 am - 5:00 pm (Closed Friday) |
|
David Houston Editor David_Houston@dailyjournal.com |
|
Diana Bosetti Contributed Columns Editor Diana_Bosetti@dailyjournal.com |
|
Lisa Churchill Managing Editor Lisa_Churchill@dailyjournal.com |
|
Tonya Peacock Legal Advertising/Office Manager Tonya_Peacock@dailyjournal.com |
|
|
John Sanchez Legal Advertising John_Sanchez@dailyjournal.com |
|
|
Sandy Erickson Data Researcher/ Legal Advertising Sandy_Erickson@dailyjournal.com |
|