San Jose Post Record
Friday, May 23, 2025
GUEST COLUMNS

Thursday, May 22, 2025

Real estate's digital evolution promises incredible efficiency gains but requires advanced planning to successfully navigate cybersecurity risks.
In response to post-COVID workplace shifts, law firms--long familiar with remote work--are transforming their office spaces to support hybrid models, enhance collaboration, foster firm culture, and attract top talent through wellness, amenities, and technology.

Wednesday, May 21, 2025

The Trump administration's enforcement of the long-dormant Alien Registration Act of 1940 presents immigration attorneys with an ethical dilemma and their clients with an impossible choice.
Senate Bill 607 poses one of the most serious threats in decades to the California Environmental Quality Act, undermining a 50-year legacy of environmental protection and public participation, and endangering vulnerable communities by weakening critical environmental review and accountability.

Tuesday, May 20, 2025

As the Supreme Court weighs the procedural challenge to nationwide injunctions in Trump, et al. v. CASA, Inc., et al., the nation must remain focused on the original intent of the 14th Amendment--to guarantee full citizenship and equal protection under the law to all persons born on U.S. soil.
The Ninth Circuit's decision in Duarte upheld a lifetime gun ban for non-violent felons, clashing with Bruen's historical test and deepening a circuit split that now begs for Supreme Court review.

Monday, May 19, 2025

Aging on the bench is a complex and deeply personal journey, and while some judges remain sharp and effective well past traditional retirement age, the struggle to assess one's own decline, the fear of irrelevance, and the pull of legacy and identity make the decision to step down as difficult as it is inevitable.
As NIL rights continue to reshape college athletics, from high-profile transfer disputes like Nico Iamaleava's to antitrust litigation and revenue-sharing negotiations, sports lawyers are increasingly essential in navigating the legal and regulatory chaos.

Friday, May 16, 2025

Goebner confirms that in probate court, the deadline to file a demurrer is any time at or before the hearing, rather than within 30 days of service of the petition, as would be required in civil actions.
With sky-high beef prices and biotech prowess, California can pioneer a hybrid meat model--blending ranching and cultivated meat to cut emissions, boost resilience, and lead the global protein shift.

Thursday, May 15, 2025

California's well-intentioned AB 218 opened the door for long-overdue justice for survivors of childhood sexual assault, but its sweeping elimination of time limits on claims has left public schools and local governments vulnerable to massive liabilities, threatening their financial stability and essential services.
A federal judge recently condemned Apple's willful noncompliance with an injunction and referred the matter for criminal contempt: reminding the legal profession that candor isn't optional -- it's the job.

Wednesday, May 14, 2025

California law once allowed negligent parties to escape full accountability when injured victims died before trial--erasing their pain and suffering from the record--but unless lawmakers pass Senate Bill 29 to make recent reforms permanent, that unjust "death discount" will return in 2026.
Business Email Compromise (BEC) is a fast-moving, trust-based cyberattack that exploits human behavior - not technical flaws - to defraud organizations of billions, making it one of the most financially damaging threats in today's digital workplace.

Tuesday, May 13, 2025

The U.S. Supreme Court's decision may require policymakers to consider targeted reforms to ensure ERISA continues to serve its intended purpose.
The Supreme Court will hear arguments next week in three consolidated cases challenging President Trump's executive order on birthright citizenship, focusing narrowly on whether the lower courts exceeded their constitutional authority under Article III by issuing nationwide injunctions that extended relief beyond the parties before them.

Monday, May 12, 2025

The Ninth Circuit took a common-sense approach in the case, steering clear of case law and legislative history, and focusing on what could be proven
California is pioneering sustainable food systems through innovative corporate models and legislation that embed circular economy principles.

Friday, May 9, 2025

The Ninth Circuit's decision in D'Braunstein v. CHP offers a rare win for civil rights plaintiffs, highlighting how qualified immunity--often a near-fatal obstacle--can be overcome when officers fail to recognize and respond to visible medical distress.
Puerto Rico faces worsening blackouts as leaders extend coal and gas use--ignoring clean, proven solutions like rooftop solar that could meet demand and save lives.

Thursday, May 8, 2025

Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren't barred by no-contest clauses or the 120-day deadline, but follow a three-year limit under CCP ยง 338(d).
To ethically reach out to potential clients during a disaster, lawyers must recognize the difference between advertising and solicitation, ensuring their messages are accurate, not misleading, and in line with the Rules of Professional Conduct.

Wednesday, May 7, 2025

Litigation, like archery, demands calm under pressure, sharp focus, and the courage to strike with purpose.
The Trump Administration's crackdown on undocumented immigrants, including courthouse arrests, jeopardizes the ability of vulnerable silicosis plaintiffs who seek justice without the threat of deportation.

Tuesday, May 6, 2025

Harvard University's enduring influence and indifference to political power is nothing new.
Estate planning involves strategic decisions about asset management and transfer, with trusts serving as a key tool; however, the tax implications--ranging from income taxes on trust-generated income to estate and gift tax consequences--can be complex and require careful consideration to align with long-term goals.

Monday, May 5, 2025

Estate planning involves not only managing the distribution of assets but also addressing income tax considerations, such as the implications of final tax returns, how income generated after death is reported by estates, and the tax responsibilities of heirs and beneficiaries.
The Supreme Court's 2024 Loper Bright ruling, which overturned Chevron deference, is unlikely to significantly impact copyright law.

Friday, May 2, 2025

There is a nuanced distinction between a statute's "effective" date - the moment it becomes law--and its "operative" date--the point at which its provisions can be enforced, and how the presumption of prospective application governs most statutes.
California's SB 1383 is transforming food waste from environmental liability into economic and climate opportunity, combining bold mandates, tax incentives, and community-driven programs to slash landfill-bound organics and boost food recovery across the state.

Thursday, May 1, 2025

In Knellinger v. Young (2025), the 10th Circuit examined a case where Colorado's unclaimed property laws led to the state taking property without proper notice or compensation, with the court ultimately reaffirming that property owners are entitled to just compensation under the Fifth Amendment, regardless of administrative processes.
Proposed amendments to Rule 1469 by the South Coast AQMD aim to strengthen regulation of hexavalent chromium emissions to protect public health and address environmental justice concerns, but they also present significant operational, financial, and competitive challenges for industries reliant on Cr(VI).

Wednesday, April 30, 2025

Emblem and remedy: How a California housing rights law already uniquely protects immigrant tenants from unscrupulous landlords emboldened by Trump's anti-immigrant rhetoric.
It's time to replace outdated, court-based speed enforcement with automated civil penalties focused on the vehicle, not the driver, to make our streets safer and hold car owners financially accountable for dangerous speeding.

Tuesday, April 29, 2025

At its core, the Genesys Cloud Services litigation extends established privacy principles to AI vendors, foreshadowing the compliance landscape companies must navigate as they integrate intelligent technologies.
Trump's push to fast-track deregulation bypasses Administrative Procedure Act rules, but courts--bolstered by Loper Bright--may block shortcuts that sidestep public input and legal procedure.

Monday, April 28, 2025

As the federal government retreats from climate regulation, California steps up with sweeping disclosure laws requiring large companies doing business in the state to report emissions and climate-related financial risks.
Though well-intentioned, the act urgently needs reform to distinguish between viable housing sites and rural parcels like El Dorado's pond where rigid application of the law blocks community-driven efforts to preserve public spaces without advancing affordable housing goals.

Friday, April 25, 2025

How big tech defends algorithmic addiction in the name of the First Amendment.
AI developments are rapidly reshaping the legal landscape, with key issues like copyright infringement, trademark misuse, defamation, right of publicity, and unfair competition highlighted through the hypothetical AI-created film

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.

NEWS

Thursday, May 22, 2025

The State Bar of California is under fire after revealing it allowed a contractor to use ChatGPT to help write questions for the new bar exam--without including any restrictions on artificial intelligence in the contract. Critics say the lack of foresight highlights serious issues around quality control, intellectual property, and the role of AI in high-stakes legal testing.

Thursday, May 22, 2025

Winston & Strawn and WilmerHale attorneys are asking a federal judge to sanction each other in an escalating contract dispute involving Apple's removal of the music app Musi from the App Store. At issue: whether claims of collusion were supported by evidence--or crossed the line into litigation abuse.

Thursday, May 22, 2025

When Gov. Gavin Newsom unveiled a revised state budget last week, he irritated -- and perhaps alienated -- major interest groups allied with his Democratic Party.

Wednesday, May 21, 2025

Universities cutting sports programs due to the $2.5 billion NCAA NIL settlement may face lawsuits from athletes, with experts citing Title IX violations and legal risks for affected programs.

Wednesday, May 21, 2025

In Bradsbery v. Vicar Operating, the court held that revocable meal period waivers prospectively signed by employees are enforceable, unless the waivers are unconscionable or unduly coercive.

Wednesday, May 21, 2025

Several counties said they would suspend California's AB 1981 jury diversity pilot program, which raised pay for low-income jurors, after Gov. Gavin Newsom's revised budget proposed eliminating funding.

Tuesday, May 20, 2025

If you're considering opening a 529 college savings account for your child, this may be the time to do it: Some state plans offer cash incentives in May.

Tuesday, May 20, 2025

A San Matero County judge declined to penalize Trader Joe's $254 million, according to the PAGA statute calculation, instead assessing $30 million because works did not lose income, only the chance to sit while working. The retailer reportedly intends to appeal.

Tuesday, May 20, 2025

The divided appellate panel ruled that two Oakland police officers are not entitled to qualified immunity in a wrongful death suit brought by the family of a man killed during a high-speed chase. The court rejected the officers' argument that they only intended to harm the fleeing suspect, not bystanders. The ruling allows claims to proceed under the Fourteenth Amendment and sets up a potential precedent on liability for foreseeable third-party injuries.

Monday, May 19, 2025

If there is a political consensus that debanking is a problem, there is less agreement on what to do about it. Or on what it is at all.

Monday, May 19, 2025

California lawmakers criticize Gov. Gavin Newsom's budget for omitting Proposition 36 funding, warning of a fiscal crisis for courts and counties tasked with enforcing the voter-approved felony theft measure.

Monday, May 19, 2025

During a high-stakes hearing Thursday, U.S. Supreme Court justices voiced concern over the growing use of nationwide injunctions to block presidential actions - while also questioning whether proposed alternatives, such as class actions, offer a viable path forward.

Friday, May 16, 2025

A paralegal's error misstated plaintiff's arbitration stance in a putative class action against The Bay Clubs' women-only gym areas, prompting a court hearing over whether an order had been ignored.

Friday, May 16, 2025

If you are a beneficiary currently or expect to be one in the future, you should know recent legal changes on inherited IRAs can result in costly implications if not followed properly.

Friday, May 16, 2025

Comet ML's trademark lawsuit against Perplexity AI's COMET browser fails to secure a temporary restraining order, as judge cites no urgent need before the browser's release.

Thursday, May 15, 2025

A three-person real estate-focused team launched firm's fourth California location following a merger with Hopkins Carley that established an office in San Jose.

Thursday, May 15, 2025

California is confronting what many leaders and officials say is an unprecedented confluence of forces -- economic, political, social, environmental -- that's about to test its long record of resilience in the face of catastrophe, natural and otherwise.

Thursday, May 15, 2025

The bill to raise pay for California's state-employed attorneys -- long paid significantly less than their city and county counterparts -- has cleared one committee but now faces an uncertain fate in the Senate Appropriations Committee. Gov. Gavin Newsom's upcoming budget revision, amid mounting cost concerns and a tougher stance on labor, may threaten its progress.

Wednesday, May 14, 2025

Google pays $50 million to settle claims by 4,000 Black employees alleging a biased workplace, agreeing to policy reviews and pay equity analysis, while denying wrongdoing.

Wednesday, May 14, 2025

When the chief administrative officer of Providence Saint John's Health Center invited him into his office to ask Dr. Ashraf Elsayegh how he could support him and his family, Elsayegh replied instead, "Let's open a clinic."

Wednesday, May 14, 2025

Anthropic asks federal judge to dismiss music labels' lawsuit, claiming fair use in training AI model Claude with copyrighted lyrics, while labels argue unauthorized use persists.

Tuesday, May 13, 2025

California and New York investors sue Coinbase, alleging the platform hides transaction fees in a "bait and switch" scheme, deceiving users by embedding spread fees in quoted prices.

Tuesday, May 13, 2025

You have no control over the volatility in financial markets or the economic tumult caused by President Donald Trump's tariff policies. But you can prepare for financial potholes by bolstering your rainy-day fund.

Tuesday, May 13, 2025

Attorney Tom Feher accuses defense counsel of orchestrating a mistrial through unethical tactics in a $100 million personal injury lawsuit, alleging corporate corruption after a conflict of interest surfaced.

Monday, May 12, 2025

Jonathan Nolan has put himself at the forefront of Hollywood's push to get California to approve $750 million in tax rebates to help bring more TV and film production back to the state.

Monday, May 12, 2025

DiCello Levitt LLP seeks co-lead counsel role in Adobe privacy lawsuits, citing unique evidence of widespread internet user tracking. Federal court battle looms as firms vie for leadership.

Monday, May 12, 2025

The technology giant filed an emergency motion with the 9th U.S. Circuit Court of Appeals to stay an Oakland judge's order barring fees on external app purchases in an ongoing legal dispute with Epic Games.

Friday, May 9, 2025

Musician Jake Holmes has filed a new lawsuit against Led Zeppelin, guitarist Jimmy Page and several companies related to recent use of the hit song.

Friday, May 9, 2025

San Francisco Superior Court struggles with a surge in misdemeanor cases, forcing judges to prioritize criminal trials over civil ones, a judge says, as DA Brooke Jenkins ramps up prosecutions.

Friday, May 9, 2025

World has created a program called World ID -- you can think of it as Clear or TSA PreCheck for the internet -- that will allow users to verify their humanity online.

Thursday, May 8, 2025

The Federal Reserve is expected to keep its key rate steady, after a series of cuts that lowered rates by a full percentage point last year.

Thursday, May 8, 2025

Federal judge dismisses securities class action against Akero Therapeutics, finding no evidence of intentional misrepresentation in clinical trial patient data for its MASH cirrhosis drug, Efruxifermin.

Thursday, May 8, 2025

State Supreme Court justices questioned a shareholder's argument that jury trial rights override a forum selection clause requiring that a lawsuit be decided in the Delaware Chancery Court, emphasizing contract primacy in a case involving a biotechnology company. The outcome should affect other pending cases.

Wednesday, May 7, 2025

U.S. District Judge Yvonne Gonzalez Rogers trimmed Elon Musk's lawsuit against OpenAI, its executives and Microsoft but allowed significant claims -- including fraud -- to proceed. It's not clear how OpenAI's announcement will affect the lawsuit, which is scheduled to go to trial next year.

Wednesday, May 7, 2025

Once upon a time, Hollywood wasn't just a neighborhood. It was the beating heart of film and television production in North America. But over the last two decades, the bright lights of Los Angeles have dimmed.

Wednesday, May 7, 2025

California's February bar exam pass rate soared to 55.9%, the highest since 1965, despite technical problems. Meanwhile, the Supreme Court ordered a return to the Multistate Bar Examination, prompting mixed reactions.

Tuesday, May 6, 2025

It's especially important to understand your options, experts on student borrowing say, because many aspects of the federal student loan system are in flux.

Tuesday, May 6, 2025

U.S. District Judge Daniel J. Calabretta's ruling Friday delivered a major blow to the state's decades-old labeling regime and a key victory for the California Chamber of Commerce.

Tuesday, May 6, 2025

Dialpad faces a class action alleging it illegally records and uses customer calls to train AI models, violating California privacy laws, seeking damages and injunctive relief.

Monday, May 5, 2025

Can Los Angeles, by devoting time and attention to the long-suffering area around historic MacArthur Park, actually make a difference for those who live and work there, those who have despaired as the park has become a magnet for drugs, gangs and crime?

Monday, May 5, 2025

The justices ruled Thursday that a release the cyclist signed cannot shield municipalities from public safety duties. The decision reverses a 1st District Court of Appeal ruling and returns the case to Alameda County.

Monday, May 5, 2025

U.S. District Judge Yvonne Gonzalez Rogers ruled that Apple's noncompliance with her injunction to stop overcharging app developers was a "gross miscalculation." She referred the company to federal prosecutors for possible criminal contempt.

Thursday, May 22, 2025

A San Francisco Superior Court judge sharply criticized a plaintiff's attorney for attempting to seal a class action settlement that included $390,000 in fees and minimal recovery for the named plaintiffs. The judge questioned whether the case was filed in state court simply to bypass stricter federal standards--and whether the public's right to transparency was being disregarded.

Wednesday, May 21, 2025

Epic Games argues Apple is retaliating for past legal challenges, escalating a long-running antitrust battle between the two companies.

Tuesday, May 20, 2025

Morrison & Foerster paid tribute to its late partner, Melvin Goldman, with an award recognizing complex litigation specialists who contribute to the legal profession. The first recipient was Joseph W. Cotchett of Cotchett, Pitre & McCarthy.

Monday, May 19, 2025

iPhone 16 users sue Apple, alleging misrepresentation of delayed Siri AI features promised last year. The class action claims Apple misled consumers about Apple Intelligence availability.

Friday, May 16, 2025

While most of the state government braces for painful cuts, California's judicial system emerges with a funding boost in Gov. Gavin Newsom's revised budget. The proposal, unveiled amid a projected $12 billion deficit, shields the courts and Attorney General's Office.

Thursday, May 15, 2025

SoundHound AI faces investor lawsuits alleging misleading financial reports and inflated goodwill from an $80 million acquisition, causing a stock price drop after a delayed SEC filing.

Wednesday, May 14, 2025

Senior U.S. District Judge Susan Illston's order temporarily halts reductions across 21 agencies, calling the administration's moves likely unlawful. The Justice Department told the 9th U.S. Circuit Court of Appeals her ruling "rests on a fundamentally flawed understanding of the separation of powers."

Tuesday, May 13, 2025

A 9th Circuit en banc panel upholds a federal law barring nonviolent felons from possessing firearms, reversing a prior ruling and deepening a circuit split, with experts predicting a likely Supreme Court appeal.

Monday, May 12, 2025

The request came as public defenders expressed alarm that Proposition 36, which made certain drug offenses felonies again, is swamping their budgets and workforce.

Friday, May 9, 2025

Senate Judiciary Committee approves bills to audit and fund the California State Bar, as lawmakers push for bar exam reforms amid February test issues.

Thursday, May 8, 2025

Oakland jury orders NSO Group to pay Meta $168 million for hacking 1,400 WhatsApp users with Pegasus spyware in 2019, following sanctions for evidence withholding. NSO considers appeal.

Wednesday, May 7, 2025

A San Francisco judge allowed new defense attorneys to substitute into a $100 million personal injury case after a mistrial, deferring a decision regarding sanctions for prior counsel's walkout amid their clients' conflict of interest.

Tuesday, May 6, 2025

Trust and estate law surges with the great wealth transfer of baby boomers, but a shortage of young lawyers as veterans retire creates opportunities and challenges.

Monday, May 5, 2025

According to U.S. District Judge Charles Breyer's scheduling order, the first wave is set to begin Dec. 8. Only two of the selected cases were filed in California.