San Jose Post Record
Friday, April 25, 2025
GUEST COLUMNS

Thursday, April 24, 2025

Immigration crackdowns post-2025 have made compliance a top business priority, with rising audits, steep fines, and legal risks forcing employers to act fast and stay sharp.
California Senate Bill 832, which proposed stringent "clear and convincing" evidence requirements for childhood sexual abuse survivors, faced significant backlash, leading to its withdrawal after widespread community mobilization and advocacy.

Wednesday, April 23, 2025

Amid rising political scrutiny and legal uncertainty, California nonprofits must navigate shifting rules and rising risks around 501(c)(3) and (4) advocacy to protect their tax-exempt status and public trust.
Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions, but complexities in the tax code, such as the treatment of settlements and the IRS's evolving interpretations, make it crucial for taxpayers to carefully navigate insurance recoveries to avoid unintended tax liabilities.

Tuesday, April 22, 2025

Letitia James, the New York AG who vowed to "get Trump," is now facing a potential federal criminal probe after the FHFA accused her of falsifying mortgage documents to get better loan terms--allegations strikingly similar to those she used to win a $464M civil case against Trump.
The illegal deportation and continued imprisonment of Kilmar Abrego García--despite court orders and government admissions of error -has laid bare a full-blown constitutional crisis, as a defiant executive branch ignores the rule of law, punishes truth-tellers, and openly wages war on judicial authority.

Monday, April 21, 2025

As professional salaries in women's sports remain underwhelming, female college athletes are uniquely positioned to maximize their earnings through NIL deals -- making strategic planning and legal guidance essential for sustaining long-term financial success.
The El Salvador deportations highlight how the Trump Administration may have manufactured foreign entanglements to bypass domestic due process requirements for accused individuals.

Friday, April 18, 2025

In Capito v. San Jose Healthcare, the California Supreme Court addressed the scope of "unfair" business practices under section 17200, ruling that hospitals don't need to disclose emergency service fees beyond what is required by existing regulations, while suggesting that "unfairness" in consumer cases may be limited by the Cel-Tech "safe harbor" rule.
Laws have largely failed to prevent AI generated impersonations and technology companies aren't helping.

Thursday, April 17, 2025

President Trump's repeal of a 2024 rule halts mandatory crypto transaction reporting to the IRS, but crypto remains taxable as property, requiring accurate reporting of gains, losses, and income to avoid penalties.
In the aftermath of Los Angeles wildfires, policyholders must navigate complex insurance challenges to secure fair compensation and rebuild their lives - here's what you need to know.

Wednesday, April 16, 2025

A settlement may feel like the end of conflict, but without careful planning, enforcement mechanisms, and foresight, it can quickly unravel into renewed hostilities and litigation.
By providing junior associates with hands-on trial experience and meaningful roles in high-stakes business disputes, firms can foster growth, build successful teams, and achieve impactful results, as demonstrated by a recent case that resulted in a $28.5 million jury verdict.

Tuesday, April 15, 2025

As design patents grow in popularity due to their cost-effectiveness and strong remedies, recent court rulings have sharpened the focus on how clearly patent drawings must define an invention, setting new boundaries for what constitutes indefiniteness in design patent law.
As California pursues its 2045 clean electricity goal, local agencies and utilities are navigating legal, technological, and policy challenges to balance grid reliability and decarbonization.

Monday, April 14, 2025

Effective payor-provider mediations require meticulous preparation, including detailed claims spreadsheets, expert input, and clear communication, with careful attention to approaches for claim grouping and productive participation.
Children sexually abused in foster care face barriers to justice when the law shields social workers under discretionary immunity without examining if meaningful discretion was actually exercised.

Friday, April 11, 2025

While technology offers efficiency, in-person interactions are crucial for building trust and resolving emotionally charged disputes, particularly in cases involving deeper personal stakes.
AI tools like ChatGPT are revolutionizing legal work by enhancing efficiency, streamlining workflows, and improving client communication, allowing lawyers to focus on higher-level tasks while maintaining ethical standards and accuracy in their practice.

Thursday, April 10, 2025

In L & S Framing Inc. v. California Occupational Safety and Health Appeals Board, the Court of Appeal upheld the agency's interpretation of its regulations, emphasizing that administrative agencies' interpretations of their own rules are entitled to significant deference, even when contested by strong arguments from the opposing party.
President Trump's recent executive order imposing universal tariffs of 10%, with higher rates for certain trading partners, raises significant legal and economic concerns, particularly over its questionable constitutional authority, its potential to harm American consumers, and its broader impact on global trade relations.

Wednesday, April 9, 2025

A recent court ruling raises new questions about the scope of liability for owners and contractors when subcontractor employees are involved in incidents away from the construction site.
Governor Newsom's efforts to shield California companies from foreign retaliatory tariffs by working directly with foreign governments could violate the Logan Act.

Tuesday, April 8, 2025

Trump's use of the Alien Enemies Act to deport members of Tren de Aragua without due process is an overreach of executive power, undermining constitutional rights and facing significant legal challenges.
The collision between the ancient practice of legal reasoning and AI algorithms that can simulate it with uncanny precision - but without understanding what the law fundamentally is - raises profound questions about the future of justice itself.

Monday, April 7, 2025

As the interstate abortion legal battle intensifies, a legal expert examines potential scenarios Louisiana might pursue after New York's refusal to extradite a doctor - raising questions about federal power, state sovereignty, and the constitutional limits of enforcing abortion laws across state lines.
The devastating January 2025 wildfires in Los Angeles have intensified an already severe construction labor shortage, delaying rebuilding efforts, driving up costs, and creating legal challenges that require careful planning, contract protections, and compliance oversight to navigate successfully.

Friday, April 4, 2025

The use of AI in judicial decision-making raises concerns about transparency, ethical reasoning, and the potential erosion of judicial legitimacy
College sports are changing fast with NIL compensation and Title IX compliance in flux. Schools must navigate shifting federal guidance, including presidential transitions, and ensure equity in funding allocation to avoid legal risks.

Thursday, April 3, 2025

AI's role in authorship raises questions about ownership and copyright protection in both Europe and the U.S.
Successful mediation in intellectual property cases requires IP practitioners to complete five critical tasks: creating a candid list of best and worst facts, sharing these with the client, anticipating tough questions from the mediator, conducting a realistic settlement value analysis, and preparing to listen, learn, and negotiate.

Wednesday, April 2, 2025

Rancho Palos Verdes homeowners installing propane tanks in a landslide zone designated as a Very High Fire Severity Zone may face strict liability under the ultrahazardous activity standard, given the significant fire risk, potential for catastrophic harm, and the inappropriateness of propane storage in such a hazardous location.
The Federal Appeals Court decision marks a pivotal moment in secular recognition of religious arbitration.

Tuesday, April 1, 2025

The CSLB is tightening enforcement with new laws on "paper" subcontractors, extended criminal statute of limitations, and stricter supervision requirements, making compliance crucial to avoid penalties like license suspension, fines, and criminal charges.
Recent court rulings and proposed bill SB690 are pushing back against CIPA lawsuits targeting website technologies, like IP address collection, potentially reducing future cases.

Monday, March 31, 2025

In City and County of San Francisco v. U.S. Environmental Protection Agency (2025), the U.S. Supreme Court struck down generic receiving water limitations in Clean Water Act permits, potentially reducing liability for public agencies but raising concerns about future water quality enforcement.
California's 2024 PAGA amendments expand employers' ability to cure Labor Code violations but create a complicated early evaluation conference process that may prove more costly than resolving claims through private mediation.

Friday, March 28, 2025

Amid tariff uncertainty and market chaos, thoughtless 'copy and paste' M&A approaches will prove problematic as standard contract terms take on non-ordinary meanings.
Despite California's mandated implicit bias training, little progress has been made in addressing systemic discrimination affecting women and marginalized groups in our courtrooms.

Thursday, March 27, 2025

The Rhode Island case SCLS Realty v. Town of Johnston brings the issue of "pretext" back into the spotlight, as property owners challenge the Town's use of eminent domain to block affordable housing development.
California and Florida's differing responses to the insurance crisis show how crucial oversight and transparency are for protecting policyholders and market stability, as highlighted by a recent Florida investigation.

Wednesday, March 26, 2025

California's new Senate Bill 940, effective January 1, 2025, expands discovery rights in arbitration, aligning them with California court procedures, but raises significant legal questions about its scope, conflicts with federal law, and the burden on arbitrators to manage increased discovery requests.
The EU's Carbon Border Adjustment Mechanism (CBAM), starting in 2023, targets carbon-heavy imports like steel and cement, presenting both challenges and opportunities for California exporters as they navigate evolving climate rules and trade tensions.

San Francisco city worker union members protest outside the courthouse Tuesday as Airbnb seeks to lower its tax bill. Photo by James Twomey

NEWS

Thursday, April 24, 2025

Persuading people to spend money in a time of unpredictable tariffs is proving to be a complicated calculation for the $380 billion American advertising industry.

Thursday, April 24, 2025

U.S. District Judge Araceli Martinez-Olguin on Tuesday rejected claims that a recent U.S. Supreme Court decision nullified her authority and brushing off calls for her recusal based on past immigration advocacy.

Thursday, April 24, 2025

The former Sacramento mayor and California Senate president pro tempore is one of California's most experienced political figures. 

Wednesday, April 23, 2025

It is noteworthy that some of the earliest mentions of "looting" in news reports during this year's deadly fires in Los Angeles County made the point that there actually wasn't much of it.

Wednesday, April 23, 2025

Three of the students say they were arrested but not convicted. The government, which was not granted a hearing, says it has not declared them deportable.

Wednesday, April 23, 2025

An en banc panel reinstated a plaintiff's proposed class action against Shopify, ruling the company's alleged data-mining practices were deliberately aimed at California consumers. The closely watched decision marks a significant development in personal jurisdiction law as it applies to online commerce.

Tuesday, April 22, 2025

A $5 cap on fees for overdrawing your bank account balance is likely to be among the latest consumer protections from Joe Biden's presidency to fall.

Tuesday, April 22, 2025

Plaintiffs allege Pfizer and Kaiser Permanente failed to adequately warn of the risk, despite emerging studies and international label updates. Attorneys say the cases deserve to be heard individually.

Monday, April 21, 2025

Why there is no train to the airport is anybody's guess.

Monday, April 21, 2025

Ahead of a hearing in Santa Clara County on Thursday, a Wilson Sonsini partner called the accusation by Gan Jing World a "conspiracy theory" that is "beneath the dignity of the bar." The underlying case is a copyright infringement dispute between YouTube and the video sharing service that Wilson Sonsini says is "aligned" with a "cult".

Monday, April 21, 2025

Justices have agreed to review a closely watched appellate ruling involving efforts by workers to avoid arbitration in PAGA lawsuits by omitting individual claims. The case could resolve a growing split among state courts over the viability of these so-called "headless" PAGA actions.

Friday, April 18, 2025

A judge grants a temporary restraining order against Sonoma State University, blocking $6.8 million in academic cuts, citing procedural violations and potential harm to students' education.

Friday, April 18, 2025

Clearing through clutter and refocusing on goals can be just as important for your finances as it is for your home.

Friday, April 18, 2025

More than 100 survivors suing the Archdiocese of San Francisco over alleged sexual abuse now have partial access to internal church records dating back two decades. The newly released documents, ordered by a bankruptcy judge, show church officials kept a list of credibly accused priests as early as 2003--information the archdiocese never made public.

Thursday, April 17, 2025

The spiraling cost of housing in California has affected virtually every facet of life.

Thursday, April 17, 2025

In a heated discovery dispute, plaintiffs' attorneys argue that Twitter is wrongfully withholding 12 incident reports related to a 2021 data breach that allegedly exposed 200 million users' personal information. Twitter denies there is evidence of its users' information being stolen and says the documents being sought are privileged.

Thursday, April 17, 2025

A Christmas Day explosion that leveled a home and restaurant in Capitola Village has triggered a class action against Pacific Gas & Electric, with plaintiffs blaming aging, corroded gas and electric lines. The lawsuit seeks court-ordered repairs, with more claims for injuries and property damage expected.

Wednesday, April 16, 2025

Creating a stronger future for the Salton Sea depends on our unity, especially as we navigate the uncertainties of the lithium industry, and as the state prepares to disburse $10 billion from the climate bond that California voters passed in November.

Wednesday, April 16, 2025

Gucci's alleged failure to pay arbitration fees on time could lead to a class action lawsuit, with claims its website misused cookies, violating user privacy despite opt-out settings.

Wednesday, April 16, 2025

The owners of a mobile home park that straddles two Orange County cities say California lawmakers unconstitutionally targeted them with rent control legislation. After a 9th Circuit revival, their case is being watched for its broader implications in housing and targeting laws.

Tuesday, April 15, 2025

In 1971 California's Supreme Court issued one of its most important and far-reaching decisions, declaring that the state's system of financing public schools -- primarily via locally levied property taxes -- was unconstitutionally unfair.

Tuesday, April 15, 2025

When a tenant missed his eviction deadline after a ceiling collapse, he found himself lost in a legal system stacked against the unrepresented. Now, a sweeping Stanford Law study is driving reform in L.A. County eviction courts, highlighting the access-to-justice gap and offering concrete solutions--many already in motion.

Tuesday, April 15, 2025

U.S. Bankruptcy Judge Dennis Montali has allowed two civil sexual abuse cases to proceed against the Archdiocese of San Francisco, a move expected to pressure the church and its insurers into serious settlement talks. The trials, once halted by the diocese's Chapter 11 filing, are now set to resume in June 2025.

Monday, April 14, 2025

Santa Clara DA charges 12 Stanford protestors with felony vandalism for allegedly trashing the president's office during a pro-Palestine protest.

Monday, April 14, 2025

OpenAI seeks to crush a rival's trademark in Oakland federal court, accusing founder Guy Ravine of fraud. Judge Yvonne Gonzalez Rogers faces a high-stakes AI identity battle.

Friday, April 11, 2025

A month from now, Gov. Gavin Newsom must reveal a revised version of the $322.3 billion budget for the 2025-26 fiscal year that he proposed in January.

Friday, April 11, 2025

In response to growing political threats against the judiciary, California legal leaders will join a national virtual event Tuesday to reaffirm the importance of judicial independence and the rule of law. The event begins at 9 a.m. (Pacific). To attend go to speakupforjustice.law.

Friday, April 11, 2025

Meanwhile, lawmakers, law professors, and applicants push for faster fixes ahead of the July test.

Thursday, April 10, 2025

San Francisco DA Brooke Jenkins faces ethics training after the State Bar probed her for sharing confidential data, amid claims of politically driven complaints from rivals.

Thursday, April 10, 2025

Although the EEOC guidance does not have the effect of law, following its guidelines will help employers continue implementing their DEI programs without incurring legal liability.

Thursday, April 10, 2025

A 9th U.S. Circuit Court of Appeals panel expressed concern Tuesday over U.S. District Judge David O. Carter's far-reaching order to evict leaseholders from the West LA VA campus and prioritize veterans housing. While the court acknowledged the VA's failings, judges warned the scope of Carter's injunction may have overstepped judicial bounds.

Wednesday, April 9, 2025

A federal judge delayed ruling on Berkeley's ban of algorithmic rent-setting software, with a hearing set for April 16, after the city considers repealing it considering RealPage challenges over its constitutionality.

Wednesday, April 9, 2025

Paper checks issued for tax refunds, Social Security payments and other government benefits have been dwindling and will soon be eliminated, potentially affecting hundreds of thousands of Americans.

Wednesday, April 9, 2025

The state Supreme Court will hear arguments Tuesday in a closely watched case that could determine whether auto manufacturers like Ford can compel arbitration in lemon law disputes--despite not signing the buyer's sales contract.

Tuesday, April 8, 2025

In the charred landscapes left behind by the Los Angeles wildfires, a persistent sign of life has transfixed locals: trees.

Tuesday, April 8, 2025

A new antitrust suit claims Aetna, Cigna and others colluded with Zelis Healthcare to illegally suppress payments to out-of-network providers, sparking a third-class action in a week.

Tuesday, April 8, 2025

California's Privacy Agency debates costly ADMT rules, risking lawsuits and $3.5 billion in losses, as board member Mactaggart urges a pause amid fierce industry pushback.

Monday, April 7, 2025

A wrongful death lawsuit against Nima Momeni, convicted of murdering tech mogul Bob Lee, also accuses Securitas and two homeowners' associations of invading privacy by releasing the stabbing footage to the media. Legal experts question whether the claims can survive anti-SLAPP defenses and privacy law challenges.

Monday, April 7, 2025

Life in and around MacArthur Park, a once-venerated Los Angeles center, had gone alarmingly awry.

Monday, April 7, 2025

A former Grubhub driver's lawsuit, deeming drivers as employees, heads to trial April 9 to set the amount of unpaid wages from 2014-2020, amid disputes over last-minute damage calculations.

Thursday, April 24, 2025

City workers protest Airbnb's $120M tax refund lawsuit; judge challenges attorney as San Francisco faces $800M deficit.

Wednesday, April 23, 2025

San Francisco city attorney sues GoShare, alleging illegal driver misclassification under Proposition 22, claiming excessive control and denial of worker benefits, with experts split on the lawsuit's prospects.

Tuesday, April 22, 2025

The U.S. Supreme Court has agreed to hear arguments in May on the scope of injunctive relief, with major implications for presidential authority and judicial reach. The Trump administration appears to be trying to avoid a direct challenge, for now, to the long-standing birthright citizenship precedent set by Wong Kim Ark.

Monday, April 21, 2025

Recent court rulings, including a new injunction in Ohio, and sharp criticism from privacy and First Amendment advocates suggest the legal foundation for such efforts may be eroding.

Friday, April 18, 2025

California Attorney General Rob Bonta has appealed a federal judge's ruling that blocked the state's Age-Appropriate Design Code Act, a 2022 law requiring tech platforms to assess risks to minors. The challenge is part of a growing legal fight between lawmakers and tech companies over children's online safety -- and the First Amendment.

Thursday, April 17, 2025

A circuit panel on Tuesday upheld a ruling denying arbitration in a class action over automatic subscription fees -- but the authoring judge also called for reversing the precedent he was bound to follow.

Wednesday, April 16, 2025

A former Tesla engineer's defamation battle with Elon Musk isn't over. The 9th Circuit reversed a federal judge's decision to confirm a zero-dollar arbitration award, potentially reopening the door for claims against the automaker and its CEO--and setting new precedent on arbitration enforcement.

Tuesday, April 15, 2025

Federal judge sentences Tom Girardi's form accounting chief for "symbiotic" embezzlement schemes that "hastened the firm's demise."

Monday, April 14, 2025

Judge Lawrence J.C. VanDyke accused the Biden administration and liberal 9th Circuit colleagues of stalling President Trump's asylum restrictions through legal maneuvering and collusive delay, in a fiery concurrence that also blasted nationwide injunctions by district courts.

Friday, April 11, 2025

After a firestorm of criticism, state Sen. Ben Allen has agreed to amend SB 832, a bill designed to ease the financial burden of sex abuse settlements on public agencies. The move came after plaintiffs' attorneys objected to language that would have made it far harder for survivors to prevail in court.

Thursday, April 10, 2025

The Supreme Court halted a judge's order to rehire 16,000 laid-off federal workers, while unions challenge Trump's new executive order against collective bargaining with 15 departments in a separate lawsuit.

Wednesday, April 9, 2025

Judge Claudia Wilken scrutinized a $2.5 billion NCAA settlement on athletes' NIL rights, noting it won't classify athletes as employees, despite objections over fairness and roster limits.

Tuesday, April 8, 2025

A fierce legal battle unfolds as 504 law firms, led by ex-Solicitor General Donald Verrilli, challenge Trump's executive order targeting Perkins Coie, while top firms stay neutral or align with the administration.

Monday, April 7, 2025

President Trump's sweeping new tariffs have rattled global markets--but for well-positioned international law firms, the disruption could translate into a wave of new work. From labor and tax issues to real estate and regulatory strategy, lawyers may benefit from the chaos.