San Jose Post Record
Saturday, September 27, 2025
GUEST COLUMNS

Friday, September 26, 2025

With geopolitical threats mounting, venture capital is pouring into dual-use tech startups as the U.S. defense sector finds new allies in Silicon Valley.

Thursday, September 25, 2025

Assembly Bill 288, recently passed by the California Legislature and awaiting Governor Newsom's signature, empowers the state labor board to enforce workers' and businesses' rights when the federal NLRB is defunct or inactive, ensuring fair resolution of labor disputes, protection of union rights, and stability for employers and employees alike.

Wednesday, September 24, 2025

The landmark New York Times v. OpenAI case, arising from alleged copyright violations by ChatGPT and CoPilot, is shaping the emerging legal landscape for artificial intelligence by raising questions about IP rights, data privacy, evidentiary privileges, and corporate liability that could define AI regulation for years to come.
With packaging making up over half of California's landfill waste, CalRecycle has launched a second attempt at rulemaking to implement the state's packaging EPR law, SB 54.

Tuesday, September 23, 2025

For a litigator, Yiddish brings not just color to the courtroom, but character--capturing the humor, heartache and humanity the law alone can't express.
The assassination of Charlie Kirk highlights the urgent need for comprehensive firearms licensing and regulation, alongside improved mental health care, as a practical path forward beyond partisan debates over assault weapons and mental illness.

Monday, September 22, 2025

Municipalities acquiring property for public projects often overlook a critical step--skipping a Phase I ESA can lead to liability, hidden contamination and missed chances for crucial funding.
Plaintiffs often discover that lawsuit settlements are taxed on the gross amount, including their lawyer's share. Here's how the tax code handles fee deductions and what exceptions apply.
Jimmy Kimmel's suspension from ABC over his controversial monologue about Charlie Kirk has sparked fierce debate, highlighting the tension between a private employer's contractual rights and the broader societal interest in protecting open political commentary and satire.
Homeowners who signed onto the Army Corps' "free" Los Angeles wildfire debris cleanup, whether unknowingly or with no alternative, assumed sweeping liability through a boilerplate indemnity clause making them financially responsible for any damages or lawsuits arising from the government's own cleanup work.

Friday, September 19, 2025

At the Peace Palace in The Hague, a towering black cat sculpture called The Witness watches over the courts and law library, blending legend and art: it recalls the heroic--but likely apocryphal--story of Ramskells, a cat said to have saved the justices from a 1924 fire, while also serving as a modern symbol of vigilance and observation over the world of international law.
Opportunity Zones are now permanent but with sharper rules and penalties. Joint ventures that don't rewrite their playbooks risk turning tax breaks into tax traps.

Thursday, September 18, 2025

Corporate campaigns targeting a few flashy or unscrupulous plaintiff lawyers are being used to discredit the civil justice system, fuel tort reform, and limit access to justice, making it crucial for the plaintiffs' bar to maintain accountability, credibility, and vigilance before it's too late.
Without renewed federal action, nearly 90% of Covered California enrollees could see average premium hikes of 66% -- threatening coverage for millions and risking a sharp rise in the uninsured.

Wednesday, September 17, 2025

Early this summer, I ran an experiment in which I gave ChatGPT-4 and ChatGPT-5 only the oral argument transcripts from the court's last 25 cases and asked them to predict the outcome and the vote. Here were the results.
President Trump's latest travel ban halts visas from 19 countries and curtails them for 32 more, upending business operations and making it harder for U.S. employers to retain global talent.

Tuesday, September 16, 2025

As AI transforms the way businesses operate, the insurance industry faces a pivotal question: Will existing policies respond to AI-driven losses, or will entirely new coverages be required?
SB 940 expands arbitration discovery rights by granting parties nearly the same discovery tools available in trial court proceedings, repealing CCP §1283.1, amending §1283.05, and empowering arbitrators to regulate and enforce discovery except in limited civil cases.

Monday, September 15, 2025

If law firms can't serve clients in Spanish, they're not just losing business -- they're denying nearly half the city equitable access to justice.
Lists bring order to legal analysis, especially in trade dress law -- but too many can cause judges and lawyers to miss the forest for the trees.

Friday, September 12, 2025

In Stronghold Engineering v. City of Monterey (2023), the California Court of Appeal held that a contractor's initial lawsuit seeking only declaratory relief regarding a City contract did not require prefiling a Government Claims Act claim and that subsequent claims for monetary damages could be added after proper notice without being barred.
SB 53 underscores that while AI can support doctors, it cannot replace the human presence, judgment and empathy at the core of medical care.

Thursday, September 11, 2025

Uber is weaponizing federal RICO lawsuits against personal injury attorneys and medical providers in multiple states, a corporate intimidation tactic that threatens access to justice for accident victims nationwide.
Taylor Swift's fight to reclaim her master recordings has not only secured ownership of her own music but sparked a legal and industry-wide shift, empowering artists to understand and assert their rights over their work.

Wednesday, September 10, 2025

Entertainment mogul David Geffen has filed for divorce from David Armstrong after less than two years of marriage, and despite headlines highlighting his billionaire status, California family law and the short duration of the marriage suggest Armstrong's potential recovery--including spousal support and Marvin-type claims--may be limited.
The 9th Circuit will hear oral argument in Epic Games v. Apple, a case that could clarify whether corporate communications involving both legal and business considerations qualify for attorney-client privilege when legal advice is one of several primary purposes.

Tuesday, September 9, 2025

Mediation in landlord-tenant disputes is an underused but growing tool that offers attorneys and clients faster, more affordable, and more empathetic resolutions than litigation.
California's booming data centers face a climate-driven "cooling dilemma," as rising heat, water scarcity, wildfires and strained power grids threaten operations, prompting urgent innovation, regulatory scrutiny and equity debates over who bears the environmental costs.

Monday, September 8, 2025

Calling high-speed chases "fun," federal officials have embraced a perilous pursuit policy that prizes the thrill of the chase over sober judgement and public safety.
President Trump's sweeping claim of unilateral impoundment authority--already tested in Congress, the courts, and recent emergency stays--sets up a constitutional showdown with the Supreme Court over whether the executive can override Congress's "power of the purse."

Friday, September 5, 2025

Despite decades of government assurances that he was a U.S. citizen, Roberto Moncada was stripped of that status -- exposing how bureaucratic error and courts' retreat from equity can leave justice undone.
California Supreme Court's Hohenshelt v. Superior Court ruling upholds arbitration fee deadlines while allowing equitable contract defenses, balancing employees' right to prompt arbitration with relief for inadvertent employer nonpayment -- but leaves open questions about how courts will apply those defenses in practice.

Thursday, September 4, 2025

Trump's executive orders targeting "cashless bail" could threaten to withhold federal funds from states like California, even though the state's pretrial system already requires individualized bail hearings and does not operate a substantially cashless framework.
Failing to promptly remit withheld payroll taxes is one of the most dangerous mistakes a business can make -- triggering personal liability for "responsible persons," severe IRS penalties and aggressive collection actions that can even shut the company down.

Wednesday, September 3, 2025

California's Senate Bill 825 would expand the DFPI's enforcement authority over state-licensed financial institutions by eliminating exemptions under the Consumer Financial Protection Law, creating broader oversight of "unfair, deceptive, or abusive" practices and increasing compliance risks amid unsettled legal standards.
Eviction is never just about housing -- it dismantles kitchens, neighborhoods, and stability itself, cascading into hunger, homelessness and fractured communities.

Tuesday, September 2, 2025

Lawyers who handle trauma cases can absorb their clients' pain, risking vicarious trauma--emotional, physical, and mental burnout--making self-care essential to stay effective.
This year's presentation, "The Big Ask: Lessons for Closings," explores how lawyers can authentically and strategically empower juries to assign meaningful non-economic damages by starting early in voir dire, reinforcing the client's story throughout trial, and delivering a closing that blends empathy, personalization, and a clear call to action.

Friday, August 29, 2025

Four big truck makers are suing California over its zero-emission rules, saying they're stuck between state mandates and federal rollbacks. The case could reshape how far states can go on climate policy and whether side deals like California's Clean Truck Partnership hold up in court.
Are legal conferences worth the investment or just an expensive distraction? This month's column breaks down the real ROI of attending legal events, offering practical strategies to turn every name badge and cocktail hour into a business development opportunity. Don't just show up, show up with a plan.

Thursday, August 28, 2025

The North Carolina Supreme Court held in Town of Apex v. Rubin that if a government's attempted taking of private property fails the constitutional "public use" requirement, title must return to the owner and inverse condemnation cannot be twisted into a tool for the government to keep what it had no right to take.
In California's high-risk disaster areas, public agencies can generally justify using eminent domain to repair, replace, or relocate costly infrastructure to serve the broader public good, but they must also plan proactively to minimize inverse condemnation liability from future natural disasters.

NEWS

Friday, September 26, 2025

A Los Angeles judge allowed a class action against TikTok to proceed, ruling its terms of service may unlawfully restrict consumer speech, rejecting defenses under federal law and the Yelp Law.

Friday, September 26, 2025

Attorneys criticized Southern California Edison's draft compensation plan for Eaton Fire victims, calling it unfair, self-serving, and inadequate, particularly regarding emotional distress and property damage payouts.

Thursday, September 25, 2025

A dramatic change in how inter partes reviews are handled under interim U.S. Patent and Trademark Office Director Coke Morgan Stewart has drawn sharp criticism from law professors and technology companies, setting up a high stakes battle at the Federal Circuit.

Thursday, September 25, 2025

Triumph Foods sued to overturn California's Proposition 12, arguing the animal-confinement law violates federal meat regulations and the Constitution by burdening out-of-state pork producers and disrupting the national pork supply chain.

Thursday, September 25, 2025

Law firms are facing intense competition, prompting them to explore alternatives to traditional debt.

Wednesday, September 24, 2025

U.S. District Judge Dale A. Drozd denied Grimmway's bids to toss the case and to deny class certification, allowing the California Civil Rights Department's disability claims to move forward while narrowing some theories.

Wednesday, September 24, 2025

A former Orange County prosecutor alleges unwanted advances from a unit head; District Attorney Todd Spitzer's office says the manager was quickly placed on leave and later resigned.

Wednesday, September 24, 2025

Attorneys for authors and publishers filed new responses this week seeking to satisfy Senior U.S. District Judge William Alsup's concerns about their proposed $1.5 billion settlement with AI company Anthropic.

Tuesday, September 23, 2025

Housing nonprofits sued Los Angeles, alleging City Attorney Hydee Feldstein Soto and Councilmember Traci Park unlawfully obstructed a Venice affordable housing project approved under the city's Comprehensive Homeless Strategy.

Tuesday, September 23, 2025

Scholars say the state can bind local police but likely can't enforce the new mask rule against federal agents; other student- and health-privacy bills seen on firmer ground.

Tuesday, September 23, 2025

A federal judge tentatively ruled a fourth jury trial is needed to decide punitive damages in the trade dress infringement battle between MGA Entertainment and the OMG Girlz, citing the Seventh Amendment.

Monday, September 22, 2025

Cardrooms alleged state gambling regulators collected inflated fees for years; Judge Lauri A. Damrell signed off on a $43.3 million settlement covering 2005 to 2020.

Monday, September 22, 2025

Twelve insurers were dismissed from lawsuits over wildfire smoke claims, leaving California FAIR Plan as the sole defendant as plaintiffs prioritize swift deposition of an elderly claimant to advance the case.

Monday, September 22, 2025

The judges expressed frustration that parties allowed faulty instructions in Comet Technologies' case against XP Power, raising doubts about whether the Northern District of California's jury award can stand.

Monday, September 22, 2025

U.S. District Judge Rita F. Lin of San Francisco said she is inclined to grant at least part of a preliminary injunction for University of California researchers whose grants were canceled by the NIH, Defense and Transportation Departments via form letters, distinguishing the case from a recent Supreme Court stay in a similar Massachusetts suit and pressing a Justice Department lawyer on his assertion that some plaintiffs cannot sue in any court.

Monday, September 22, 2025

A 9th U.S. Circuit Court of Appeals panel found the move likely violated the Administrative Procedure Act and left families at risk of removal and job loss.

Friday, September 19, 2025

To ensure you're maximizing your benefits, it's important to understand the different terms and acronyms you are likely to encounter as you review your health insurance options.

Friday, September 19, 2025

The group from Ropes & Gray LLP strengthens the firm's position as one of the nation's largest patent litigation practices amid shifting dynamics at the PTAB and growing international overlaps in IP disputes.

Friday, September 19, 2025

A former Orange County judge has been sentenced to prison following his conviction for the murder of his wife.

Thursday, September 18, 2025

More than 200 documented instances of U.S. legal decisions have involved legal hallucinations to date, according to a database maintained by a Stanford Law School researcher. Last year Chief Justice John G. Roberts warned that "a shortcoming known as 'hallucination'" in AI tools can lead to citations to nonexistent cases.

Thursday, September 18, 2025

A Bay Area attorney filed a class complaint in the Western District of Missouri accusing Husch Blackwell LLP and its executive board of diverting employees' 401(k) contributions into firm operating accounts for months--conduct alleged to violate ERISA's anti-inurement rule, fiduciary duties of loyalty and prudence and the statute's ban on prohibited transactions.

Thursday, September 18, 2025

California has long prided itself as an environmental trailblazer. It was the first state to set its own vehicle emission rules and the first to outlaw plastic shopping bags.

Wednesday, September 17, 2025

A federal judge in Sacramento signaled approval of a settlement resolving claims by former Division I baseball coaches who said the NCAA's decades-long ban on paying "volunteer" assistants was an illegal wage-fixing scheme, though much of the hearing focused on attorney fees.

Wednesday, September 17, 2025

Senior U.S. District Judge William Alsup of San Francisco ruled that the Trump administration acted unlawfully in ordering the mass firing of probationary federal employees, but said reinstatement is off the table after a Supreme Court stay and agency changes, leaving workers with only "corrective letters" as relief.

Wednesday, September 17, 2025

Environmental hygienists say homes in the fire zone that escaped total loss are nevertheless embedded with toxic residue.

Tuesday, September 16, 2025

Tech groups urge Gov. Gavin Newsom to veto SB 243 and AB 1064, warning of free speech and compliance issues, while supporters cite recent teen suicides linked to chatbot interactions.

Tuesday, September 16, 2025

States are seeing an increase in debt collection lawsuits, which can lead to drastic financial consequences for consumers.

Tuesday, September 16, 2025

An appellate court fined L.A. attorney Daniel Geoulla $30,000 for a frivolous scooter-injury appeal, upheld $8,000 in trial sanctions, referred him to the State Bar, and rebuked obstruction of discovery and examinations.

Monday, September 15, 2025

It has been 37 days since Ellison, 42, took over Paramount Global as part of an $8 billion merger that combined his company, Skydance Media, with a beaten-up collection of old-media assets -- MTV, the Paramount movie studio, CBS -- and two streaming services.

Monday, September 15, 2025

Prosecutors say the San Francisco ride-hailing company's policies fail to protect people with disabilities, including blind riders who rely on service animals.

Monday, September 15, 2025

Google agreed to a $28 million settlement over pay discrimination claims, with a Santa Clara County judge approving $7 million in attorney fees and the company's commitments to strengthen pay equity and hiring practices.

Friday, September 12, 2025

Across the world, cities have struggled to figure out how to provide more affordable housing to people in need.

Friday, September 12, 2025

In a high-stakes 9th Circuit case, attorney Gary Lincenberg and UC Berkeley Dean Erwin Chemerinsky drafted a brief for Democratic senators arguing that Trump's Los Angeles National Guard deployment trampled constitutional safeguards.

Friday, September 12, 2025

The Legislature approved SB 47, an urgency measure authorizing the state auditor to investigate widespread problems with February's California-specific bar exam, clearing the way for immediate scrutiny once Gov. Gavin Newsom signs it.

Thursday, September 11, 2025

Senior U.S. District Judge William Alsup said he was disappointed with unanswered questions in a proposed $1.5 billion settlement between authors, publishers and the AI company, best known for the chatbot Claude.

Thursday, September 11, 2025

Relations between state and local governments these days are arguably the worst in living memory, as illustrated by a couple of issues percolating in the final week of the 2025 legislative session.

Thursday, September 11, 2025

A federal appeals court has allowed California's child-protection social media law to take effect, except for one provision the panel found unconstitutional.

Wednesday, September 10, 2025

X has tentatively settled a lawsuit with 70 former Twitter employees who alleged the company broke severance and remote work promises following Elon Musk's acquisition and rebranding of the platform.

Wednesday, September 10, 2025

A mistrial motion was denied at the start of a bellwether Uber sexual assault case, as attorneys clashed over pretrial rulings, evidence limits and the company's handling of passenger safety allegations.

Wednesday, September 10, 2025

Many of the world's biggest tech companies believe that a radical shift is underway, and that it could one day make the smartphone, as we know it, passe.

Tuesday, September 9, 2025

The federal financial aid form known as the FAFSA is expected to be made available to the public on time this year. Normally, that wouldn't be news, but after a couple of chaotic years, it is notable.

Tuesday, September 9, 2025

Keker, Van Nest & Peters LLP argued Fizz cannot claim exclusive rights to a common word, while Fizz's lawyers countered that the new Instacart-backed app is designed to siphon off its Gen Z user base.

Tuesday, September 9, 2025

A San Francisco judge allowed a privacy lawsuit against Future US to proceed, suggesting appellate guidance is needed on whether website tracking tools qualify as illegal surveillance under California's wiretap laws.

Monday, September 8, 2025

The justices cited tightened proof standards for gang allegations. The unanimous ruling marks the third time in 10 days the high court has invoked the statute to undo gang-related sentences.

Monday, September 8, 2025

A San Francisco judge refused to bifurcate Anna Ostrovsky's lawsuit against LegalMatch co-founder Dmitry Shubov, keeping whistleblower, retaliation and contract claims for trial over alleged firing tied to hidden cryptocurrency transfers.

Monday, September 8, 2025

At least two things are true about SB 79, a bill by state Sen. Scott Wiener that would clear the way for construction of apartment buildings near transit stops in California, most pointedly including Los Angeles: It's a bad idea, and Los Angeles has only itself to blame for it.

Friday, September 26, 2025

A Los Angeles judge denied Google's request to dismiss a class action alleging YouTube misled users by labeling digital rentals as "purchases," allowing consumer deception claims to proceed under California law.

Monday, September 22, 2025

Tamara Evans, who won an $8.3 million retaliation verdict against the state's police training commission, is now seeking $7.2 million in attorney fees. Her lawyer, Lawrance Bohm, says state attorneys prolonged the litigation for more than a decade despite repeated offers to settle.

Friday, September 19, 2025

California Supreme Court Justices Goodwin H. Liu and Kelli M. Evans dissented more than 60 times each in the 2024-25 term over the court's refusal to review criminal cases, fueling a sharp rise in recorded dissents and spotlighting concerns about sentences for younger convicts.

Thursday, September 18, 2025

A former clerk to Justice Ruth Bader Ginsburg who has already argued before the U.S. Supreme Court, Samuel Harbourt will begin his new job Oct. 1.

Wednesday, September 17, 2025

Sacramento County Judge Jennifer K. Rockwell declined to dismiss outright a petition by Underdog Sports seeking to block Attorney General Rob Bonta from issuing a legal opinion declaring online sports gambling illegal.

Tuesday, September 16, 2025

AB 495, allowing parents facing deportation to designate emergency caregivers for children, passed the California Legislature despite fierce opposition from parental rights activists who warn it undermines parental authority and threatens legal challenges.

Monday, September 15, 2025

In a rare ruling piercing the apex doctrine, Judge Gonzalo P. Curiel ordered two Bank of America executives to sit for limited depositions over punitive damages in sweeping litigation.

Friday, September 12, 2025

An Alameda County judge sanctioned plaintiff's counsel in a wrongful death suit against Kaiser for repeated failure to file case management statements, reducing the fine after the attorney appeared at the hearing.

Thursday, September 11, 2025

A judge tentatively disqualified Blackstone Law from a wage case after finding a newly hired attorney previously advised the defendant, ruling that ethical screens don't apply when lawyers switch sides mid-dispute.

Wednesday, September 10, 2025

Professional swimmers secured a $4.6 million settlement with World Aquatics, ending a six-year antitrust case that challenged competition restrictions and opens doors to independent events without Olympic penalty threats.

Tuesday, September 9, 2025

In twin rulings, Bondi characterized domestic violence as "private conduct" outside asylum protections, drawing praise and condemnation from advocates on each side of the issue of whether approvals will plummet.

Monday, September 8, 2025

A Santa Clara County jury cleared San Jose divorce lawyer Mark Erickson of malpractice claims by a former client seeking $3 million, finding he met his obligations and awarding no fees or costs.