GUEST COLUMNS
Thursday, August 7, 2025
Satire gets a pass. Lies don't. When South Park put Trump in bed with Satan, no one sued. But Candace Owens' "investigation" into Brigitte Macron's identity sparked a defamation case in Delaware. Here's why.
California's Commission on Judicial Appointments (which judges dream of hearing from) and Commission on Judicial Performance (which they dread) wield immense power over judges' careers. Lawyers have a vital role in both.
Wednesday, August 6, 2025
Trump's new tax bill quietly delivers a major win for startup investors by reshaping federal rules on Qualified Small Business Stock. The catch? State law may still get in the way.
In addition to being faster than waiting for a result at trial -- and the inevitable appeal -- mediation offers a host of advantages over trying environmental disputes in court.
Tuesday, August 5, 2025
A proposed EPA settlement offers long-overdue action on ozone pollution in the Joaquin Valley, but it may once again delay the justice these communities have fought so hard to achieve.
Part 2 of this article series on Proposition 65 settlements highlights the often-overlooked exposure of licensors -- the brand owners whose names appear on licensed products -- and outlines practical strategies, from explicit release language to third-party beneficiary clauses, to ensure they are fully protected from future liability.
Monday, August 4, 2025
The opportunity zone program is now permanent, and with new rural-focused incentives and stricter eligibility rules, recent reforms reshape how investors can tap into these tax-advantaged areas.
While it's flattering that Hollywood finds the law so interesting -- and yes, we get the need for creative license -- we've got four tropes in legal dramas to debunk.
Friday, August 1, 2025
Uber's latest RICO lawsuit -- framed as a fight against fraud but timed to push SB 371--shows that when most corporations lose in court they appeal, but when Uber loses it attacks the entire system to gain political leverage and immunity.
Seasonal jobs may be short-term, but California employers' obligations aren't -- compliance with state and federal law is required no matter how long the employee stays.
Thursday, July 31, 2025
A New Jersey township's effort to seize a 175-year-old family farm for affordable housing has triggered a clash between local obligations under the Mount Laurel doctrine, federal farmland protections, and the Henry family's property rights -- ironically prompting the U.S. government to step in with a Reaganesque "I'm here to help."
Wednesday, July 30, 2025
California courts have embraced a "harmless error" rule to uphold imperfect wills that clearly reflect a testator's intent, but as the recent Estate of Boyajian decision shows, that rule does not extend to revocations--leaving a gap in the law that can thwart clear efforts to cancel a prior will.
Judges must resist external and internal pressures to avoid becoming either a servant or king, which takes courage and humility -- the yin and the yang of judicial independence.
Tuesday, July 29, 2025
This article and self-study test explore evidentiary issues commonly encountered in DUI trials, including the admissibility of a defendant's statements, field sobriety tests, breath test results and blood draws, with Part 2 to address implied consent, refusals, inference instructions, partition ratios, DUI drug offenses and enhancements.
Monday, July 28, 2025
A cyclist who suffered fatal injuries after hitting a known road defect on a paved path leading to a trail has no case against the county, because under Government Code §831.4 and decades of precedent -- including Gibbons v. East Bay Regional District -- the government is immune from liability for injuries on both paved and unpaved recreational trails.
As Prop 65 lawsuits continue to grow, strategic approaches are required to structure settlements that cover the entire supply chain -- from upstream suppliers to downstream partners and licensors.
Friday, July 25, 2025
Given recent ICE workplace activity, California labor and employment attorneys are poised to face a wave of inquiries from both employers and employees about potential civil liabilities tied to employer responses.
The CARE Act arose from a historical need -- its policies, definitions and hearings warrant explanation as to illuminate its complex legal framework.
Thursday, July 24, 2025
In a major shift, California's 2025 budget legislation expanded wildfire recovery tax relief beyond specific named fires, but only for payments received through a class action "settlement entity," leaving many victims -- especially of recent fires like the 2025 LA fires -- uncertain about whether their recoveries will be tax-free under either federal or state law after 2025.
Recent court rulings have complicated smoke damage recovery for wildfire survivors. Rather than pursuing years of costly litigation against insurers, homeowners facing toxic contamination should consider mediation as a faster, more practical solution.
Wednesday, July 23, 2025
The lawsuit, alleging that California's animal welfare laws have led to increased egg prices, ignores the impact of external forces like bird flu, industry pricing dynamics and U.S. Supreme Court precedent.
In 100 days, Trump issued 142 executive orders -- many attacking DEI and transgender rights -- prompting court rulings that they likely violate the Constitution and federal law.
Tuesday, July 22, 2025
Practitioners must approach the public charge section of Form I-485 with heightened care and precision, as USCIS has increased scrutiny on applicants' financial histories under this rule -- making it crucial to assess income, assets and benefits usage in advance of filing or attending an interview.
Federal raids and military displays -- including a chilling July 7 show of force in LA's MacArthur Park -- have sparked fear, swept up citizens and immigrants alike, and pushed Los Angeles and nearby cities to fight back in court against what they call unconstitutional overreach.
Monday, July 21, 2025
California's dairy industry consumes more water daily than the populations of San Diego and San Jose combined, spotlighting a critical choice: reform industrial agriculture or watch the wells run dry.
In reaffirming that nudity doesn't make a public business an "intimate association," the 9th Circuit delivers a powerful blow to privacy-based challenges against trans-inclusive access policies.
Friday, July 18, 2025
Mediating claims against public entities involves complex and often time-consuming procedures, but with patience and preparation, a negotiated settlement offers greater certainty and fewer risks than trial.
In Contour IP Holding LLC v. GoPro, Inc., the Federal Circuit clarified that patent claims must include specific, structured technological improvements -- not just abstract ideas -- to meet subject matter eligibility under Section 101.
Thursday, July 17, 2025
An MIT study shows that reliance on AI alone reduces cognitive function, but AI plus brainpower yields superior results
Attorneys increasingly use AI tools in their practice, but misuse of AI -- such as submitting fabricated case citations -- can trigger a reporting obligation under California Rule of Professional Conduct 8.3.
Wednesday, July 16, 2025
California raised its minimum auto insurance
limits in January 2025 for the first time in over 50 years, with another
increase set for 2035 -- a shift that underscores the financial and legal risks
for uninsured drivers seeking noneconomic damages.
A single IRS Form 1099 can trigger a mess for plaintiffs--especially when the form is misapplied or duplicative--making it critical to address tax reporting explicitly in settlement agreements.
Tuesday, July 15, 2025
Supreme Court's blessing of Texas Age Verification Law bodes well for California's Digital Age Assurance Act.
Misclassifying California employees as exempt can trigger steep penalties and litigation, making it essential for employers to meet the state's strict exemption standards with rigorous documentation and legal counsel.
Monday, July 14, 2025
California employers are scrambling to balance
state requirements with new federal directives that impact everything from
immigration to gender issues. Here's what you need to know.
Court holds that Anthropic's training of AI using legally obtained books is fair use, but storage of pirated books is not.
Sen. Monique Limón of Santa Barbara (Courtesy photo)
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NEWS
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Thursday, August 7, 2025 |
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| There is one obvious reason that the tech industry's ground zero for big ideas has moved north from Silicon Valley to San Francisco: OpenAI, the company that created the ChatGPT chatbot that started the AI craze, has its offices in a neighborhood that people in the tech industry have started calling "The Arena." | |
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Thursday, August 7, 2025 |
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| A property owner is suing East Palo Alto in federal court, claiming the city's inclusionary housing ordinance imposes unconstitutional fees or rental mandates unrelated to his proposed modest development. | |
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Thursday, August 7, 2025 |
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| Senior District Judge John A. Mendez in Sacramento said the law was preempted by Section 230 of the Communications Decency Act of 1996, which shields online platforms from liability for most content created by users. | |
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Wednesday, August 6, 2025 |
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| Usman Arain, who joined the firm from Paul Weiss, has led deals across software, fintech, education and government technology sectors. | |
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Wednesday, August 6, 2025 |
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| It is no secret that we have little privacy anymore. But once in a while, companies still have the ability to shock us with how much they know. | |
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Wednesday, August 6, 2025 |
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| In a 6-1 decision written by Justice Leondra Kruger, the California Supreme Court reversed a 1st District Court of Appeal ruling that had directed a trial judge to double a defendant's sentence. The high court ruled that sentencing discretion, including whether to dismiss a strike, rests with the trial court. | |
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Tuesday, August 5, 2025 |
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| U.S. District Judge Trina L. Thompson accused the Trump administration of discriminatory intent. Meanwhile, another judge is considering similar claims from Venezuelans even as the 9th U.S. Circuit Court of Appeals considers whether it can review that order. | |
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Tuesday, August 5, 2025 |
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| The dispute arose after Phillips 66 allegedly used proprietary information obtained during acquisition talks to launch its own renewable fuels venture, prompting a five-week trial that concluded with the jury finding the misconduct "willful and malicious." While Propel sought $1.2 billion in punitive damages, Judge Michael Markman ruled the request "would go too far." | |
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Tuesday, August 5, 2025 |
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| The new school year is about to begin, which means that parents are facing an often-resented task: buying the items on their children's back-to-school supply lists. | |
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Monday, August 4, 2025 |
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| The ruling revived a lawsuit by a man rear-ended by an ambulance. The justices drew a sharp line between professional medical duties owed to patients and the broader duty of care owed to the public. | |
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Monday, August 4, 2025 |
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| Conducting workplace investigations can be tricky, especially when it comes to how much information to share with participants. | |
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Monday, August 4, 2025 |
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| App store restrictions violated federal and state laws, appeals court says in affirming the jury's verdict and injunction | |
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Friday, August 1, 2025 |
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| The federal lawsuit claims the popular women-focused app left tens of thousands of users vulnerable by failing to secure their ID documents and private messages. The breach has led to widespread sharing of sensitive information and triggered panic among victims. | |
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Friday, August 1, 2025 |
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| Recent court filings show the Church of Jesus Christ of Latter-day Saints is staying or dismissing multiple sexual abuse cases in California, signaling progress in a proposed global settlement involving more than 100 claims. | |
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Friday, August 1, 2025 |
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| Imagine that an airline notices you've booked a five-star hotel, so it charges you more for your ticket than it would have if you had booked a four- or three-star hotel. That's the vision of personalized pricing, a concept that has for years intrigued companies and enraged consumer advocates. | |
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Thursday, July 31, 2025 |
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| A judge dismissed a lawsuit against USC by parents involved in the "Varsity Blues" scandal, ruling they had ample time and reason to discover alleged fraud related to their son's admission. | |
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Thursday, July 31, 2025 |
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| Former Vice President Kamala Harris will not run for California governor next year, she announced Wednesday, forgoing another campaign after losing last year's presidential election. | |
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Thursday, July 31, 2025 |
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| San Luis Obispo County District Attorney Dan Dow, the next leader of the California District Attorneys Association, said on Tuesday that he would prioritize crime victims' constitutional rights. | |
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Wednesday, July 30, 2025 |
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| A judge trimmed $5.5M from a $292.5M false advertising verdict against Natera but upheld the rest of the award and imposed an ad ban. Natera plans to appeal. | |
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Wednesday, July 30, 2025 |
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| Operating in a little-known corner of the nearly $5 trillion health care system, Truemed helps supply people with letters attesting to their medical need for products like red-light masks, Peloton bikes and $9,000 saunas. | |
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Wednesday, July 30, 2025 |
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| Bank of America is challenging class certification in a lawsuit over frozen unemployment debit cards during the pandemic, citing mass fraud; plaintiffs argue BofA's actions harmed thousands unjustly. | |
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Tuesday, July 29, 2025 |
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| For years, 529 accounts were synonymous with college savings plans. But recent updates have given the accounts a makeover. | |
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Tuesday, July 29, 2025 |
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| Pepperdine cites a recent 9th Circuit ruling on NFTs to challenge Netflix's bid to dismiss its trademark suit, arguing the "Waves" marks used in an adult show serve as source identifiers, not artistic elements. | |
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Tuesday, July 29, 2025 |
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| HCA Healthcare will cancel nurse training debts, refund prior payments, and pay $2.9 million in penalties after a legal settlement with California, Nevada and Colorado over unlawful repayment agreements. | |
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Tuesday, July 29, 2025 |
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| Starting in January, California will ban all single-use and thicker plastic bags. | |
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Monday, July 28, 2025 |
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| Plenty of Angelenos these days complain about what they see as the city's lack of leadership, a critique that often is directed at the city's mayor and council. | |
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Monday, July 28, 2025 |
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| The divided appellate panel found that state plaintiffs had standing to sue under the 14th Amendment--even as it dismissed individual claims pending in a related class action. The ruling drew sharp dissent from Judge Patrick J. Bumatay. | |
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Monday, July 28, 2025 |
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| The ruling affirms a permanent injunction issued by a San Diego judge known for repeatedly finding California gun laws unconstitutional, and has already prompted online retailers to resume direct ammunition sales to Californians. | |
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Friday, July 25, 2025 |
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| The fever in financial markets over "meme stocks" is back and stranger than ever. | |
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Friday, July 25, 2025 |
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| In the high-profile Bored Ape case, the 9th U.S. Circuit Court of Appeals found the creator failed to prove consumer confusion and overturned an $8 million award. | |
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Friday, July 25, 2025 |
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| Clorox sued Cognizant for $380 million, alleging the IT firm negligently gave cybercriminals access to company systems, leading to massive operational disruptions, product shortages and tens of millions in damages. | |
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Thursday, July 24, 2025 |
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| New Jersey officials recently proposed that affordable housing projects in coastal flood zones be allowed to apply for "hardship" exemptions from new building regulations meant to protect homes from rising sea levels. | |
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Thursday, July 24, 2025 |
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| Tesla challenges DMV's administrative trial to suspend self-driving car sales, citing Seventh Amendment jury trial rights and First Amendment free speech protections against claims of misleading Autopilot marketing. | |
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Thursday, July 24, 2025 |
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| The Hindu American Foundation sought to intervene in a California civil rights complaint that claims Silicon Valley is rife with caste discrimination. | |
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Thursday, August 7, 2025 |
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| As the federal Consumer Financial Protection Bureau recedes under new leadership, California lawmakers are moving to strengthen state enforcement through SB 825 --setting the stage for a legal and regulatory battle with the banking industry. | |
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Wednesday, August 6, 2025 |
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| States and cities that boycott Israeli companies will be denied grants from the Federal Emergency Management Agency, according to grant notices posted by the agency in recent days. | |
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Tuesday, August 5, 2025 |
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| A Napa County jury awarded $2.1 million to a PG&E lineman who said he was defamed after raising wildfire safety concerns. Although a state appellate court reversed, calling the defamation theory a backdoor attempt at wrongful termination, the California Supreme Court has agreed to review the case, which could reshape employer liability for post-firing statements. | |
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Monday, August 4, 2025 |
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| An appellate panel appeared sympathetic Thursday to researchers challenging a Trump-era freeze on federal grants tied to diversity-related academic work. The plaintiffs argue the cancellations violate the First Amendment and administrative law. A Justice Department lawyer say the shift simply reflects a change in priorities -- and funding what they call "viewpoint-based" research isn't constitutionally required. | |
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Friday, August 1, 2025 |
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| Legal and academic experts warn a mooted Trump administration proposal to tax patents based on their estimated value could stifle innovation, increase litigation risks, and deter investment in R&D. | |
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Thursday, July 31, 2025 |
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| Apple alleges Haptic shifted its legal strategy in a patent case over the iPhone's Back Tap feature by submitting a late expert report introducing new infringement theories, including equivalence. | |
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Wednesday, July 30, 2025 |
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| Attorneys looking to secure their future may need to flip the script: rather than viewing AI as a threat, successful lawyers are becoming subject matter experts in the technology itself. | |
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Tuesday, July 29, 2025 |
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| Anthropic seeks to pause a major copyright lawsuit over claims it illegally used millions of books to train its AI, Claude, arguing the case's class certification exposes it to massive liability. | |
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Monday, July 28, 2025 |
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| Sports lawyers say NFL players may sue or file labor grievances against the NFLPA for concealing an arbitration ruling on alleged collusion by team owners to limit guaranteed contract money. | |
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Friday, July 25, 2025 |
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| The decision could have significant implications for venue selection in Song-Beverly Consumer Warranty Act cases, an area where some courts have already voiced frustration over growing case volumes and their impact on court dockets. | |
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Thursday, July 24, 2025 |
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| Like the many similar efforts that came before it, the plan to cleave the nation's largest federal appeals court faces steep political and practical hurdles, not least questions about its necessity in a system some say is running more smoothly than ever. | |