San Jose Post Record
Monday, July 14, 2025
GUEST COLUMNS

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.

Friday, July 11, 2025

With companies increasingly eyeing Nevada and Texas over Delaware, Texas's new Business Court offers a timely, if still untested, alternative to the Court of Chancery's seasoned dominance.
An unpublished appeals court ruling in a machete attack case clarifies the steep hurdles plaintiffs face when suing public entities over dangerous conditions involving third-party conduct.

Thursday, July 10, 2025

In an era where TikTok hauls and hashtag trends blur the line between homage and infringement, Lululemon's lawsuit against Costco spotlights how the law is scrambling to keep pace with the viral rise of "dupes" -- and the high-stakes battle over brand identity, consumer confusion, and what it really means to copy.
California's push for renewable energy is vital, but without strict oversight and meaningful safety standards for massive battery storage facilities, we risk replacing one environmental crisis with another.

Wednesday, July 9, 2025

A controversial excise tax on litigation funding proceeds -- once feared by funders and lawyers alike -- has been left out of the Senate's final tax bill for now, but with strong industry backing and future legislative interest, it may yet return in another form.
The 9th Circuit Court upheld that J-M Manufacturing violated federal and state False Claims Acts by falsely claiming its pipes met industry standards despite evidence of non-compliance, but ruled that penalties apply per project--not per pipe--due to lack of proof on specific defective units or exact damages.

Tuesday, July 8, 2025

AI is reshaping legal practice--but when left unchecked, its subtle biases in language and logic can expose California attorneys to ethical and legal risks.
In Bradsbery v. Vicar Operating, Inc., the California Court of Appeal, in a case of first impression, held that prospective, revocable written waivers of meal periods for shifts between five and six hours are enforceable if not coercive or unconscionable, providing employers with legal clarity and operational flexibility.

Monday, July 7, 2025

The Senate narrowly passed the sweeping "One Big Beautiful Tax Bill," which includes major changes to small business stock rules, SALT deductions, school choice tax credits, and bonus depreciation -- policies with significant implications for California taxpayers.
As California fights to protect its century-old water rights while the Colorado River shrinks to dangerous lows, the nation's most populous state finds itself navigating between legal tradition and climate reality, with 40 million people's water supply hanging in the balance.

Thursday, July 3, 2025

In June 2025, ICE raids intensified across California as the DOJ escalated immigration enforcement efforts. Employers must understand their rights under federal law and California's AB 450 to avoid criminal liability and respond appropriately to ICE inspections.
If Herman Melville didn't need to write "Call me Ishmael ('Ishmael')," then legal writers shouldn't feel compelled to define every party with clunky parentheticals. Clear, consistent naming is better writing and better advocacy.

Wednesday, July 2, 2025

Business disputes are costly, complex, and often ruin relationships, but when approached with early communication, strategic mediation, and the right people at the table, resolution can be faster, cheaper and even lead to renewed collaboration.
While campaign ads must disclose who paid for them, lobbying ads -- especially digital ones -- often don't, and usually that's entirely legal.

Tuesday, July 1, 2025

Litigation funding, already complex and tax-sensitive, faces a seismic shift under the Senate's pending tax bill, which would impose a sweeping 40.8% excise tax on virtually all litigation financing profits--foreign or domestic--without offsets, exemptions for most existing deals, or regard for how the funding is structured, alarming funders, lawyers, and law firms alike.
With immigration enforcement intensifying in 2025, California employers face renewed federal scrutiny and must balance compliance with both I-9 rules and California's strict worker protection laws.

Monday, June 30, 2025

Thousands of homeowners are being denied insurance coverage for toxic smoke damage, despite clear health risks and legal protection.
As California's 2025 legislative session nears its close, lawmakers are advancing three impactful employment bills--targeting fake job ads, AI-driven management, and employee rights education -- that, if enacted, will reshape workplace transparency and compliance obligations statewide.

Friday, June 27, 2025

The U.S. Supreme Court's decision in Zuch redefines the boundaries of Tax Court jurisdiction in CDP cases, with potential implications for how collection disputes unfold during litigation.
As Congress advances the "One Big Beautiful Tax Bill," proposed Senate reforms signal a long-term, pro-investment future for Opportunity Zones -- expanding eligibility, enhancing tax benefits (especially in rural areas), and tightening reporting requirements, all with the potential to reshape how investors engage in distressed community development.

Thursday, June 26, 2025

Could a New Jersey township's plan to condemn a church for pickleball courts eventually become the U.S. Supreme Court case that finally defines what constitutes "pretextual" eminent domain?
If you have California customers sending you money -- even if you've never set foot in the Golden State -- California's tax authorities may come knocking with an income tax bill.

Wednesday, June 25, 2025

A new Supreme Court ruling hints that medical expenses from personal injuries might now open the door to RICO claims -- but don't expect a flood of new lawsuits just yet.
In the face of escalating violence and political resistance, federal ICE and CBP agents, attacked by rioters and left without timely local support in Los Angeles, now confront a controversial California SB 627 that's seeking to unmask them.

Tuesday, June 24, 2025

As tensions escalate between Israel and Iran, the United States faces renewed pressure to weigh military involvement -- raising urgent constitutional questions about who holds the power to declare war and whether recent presidents have sidelined Congress in one of the nation's gravest decisions.
As accusations of politically motivated "debanking" grow louder, from religious groups to crypto firms, regulators and courts are stepping in, urging banks to adopt viewpoint-neutral policies that protect both financial access and First Amendment principles.

Monday, June 23, 2025

California's Vehicle Code section 17004.7 provides public entities with immunity from liability in pursuit-related crashes if they adopt and regularly train officers on pursuit policies, but ongoing litigation, including the case Gilliland v. City of Pleasanton, could significantly impact the scope of that immunity.
A Georgia court's dismissal of the first AI hallucination defamation suit underscores just how early -- and unsettled -- the legal questions remain around generative AI's liability.

Friday, June 20, 2025

Devastated parents and bipartisan leaders are calling for urgent reform of Section 230, as Big Tech continues to hide behind the outdated law while their platforms target, addict, and endanger kids -- with deadly consequences.
Generative AI platforms are turning to centuries-old public domain documents to train their systems and sidestep billion-dollar legal battles over the use of protected works.

Thursday, June 19, 2025

Public entities often invoke trail immunity in tree-fall cases, but Toeppe v. City of San Diego draws a clear line--if the hazardous tree exists independent of the trail, § 831.4 does not apply.
As urban fires grow more toxic, firefighters face mounting exposure to dangerous substances like mercury, lead, and carcinogens--risks that are reshaping legal protections, expanding the scope of workers' compensation, and highlighting the need for better exposure documentation and civil remedies when misrepresentation or third-party misconduct is involved.

Wednesday, June 18, 2025

The deployment of military forces to Los Angeles amid peaceful protests lacks constitutional or statutory justification and raises serious concerns about potential autocratic overreach.
In a powerful and meticulously reasoned opinion, Judge Charles Breyer correctly ruled that President Trump's unprecedented federalization of the California National Guard to suppress protests in Los Angeles violated federal law, underscoring the critical importance of judicial oversight in preventing unchecked presidential authority and the unlawful militarization of domestic affairs.

Tuesday, June 17, 2025

As state-sponsored cyberattacks grow more disruptive, insurers are expanding the War Exclusion to deny coverage even in peacetime--threatening to leave U.S. businesses exposed to financial losses that were previously handled through cyber insurance.
The Supreme Court ruled unanimously in Ames v. Ohio that Title VII protects all workers equally, striking down the extra "background circumstances" burden for majority-group discrimination claims and unifying the standard for all plaintiffs.

Monday, June 16, 2025

The Trump administration's sweeping "One Big Beautiful Bill Act" may be doomed to fail because it illegally stuffs non-budgetary provisions--from AI regulation bans to court enforcement restrictions--into a fast-track budget process that's supposed to handle only fiscal matters.
National Audubon reframed water rights as conditional privileges, establishing that environmental values are core criteria--not secondary considerations--in California's ongoing water governance.

NEWS

Monday, July 14, 2025

NSO Group seeks sanctions against Meta, WhatsApp for undisclosed witnesses in Pegasus spyware case. Both sides accuse each other of gamesmanship after $168M verdict, as injunction hearing looms.

Monday, July 14, 2025

Parents of a bicyclist killed by a Greenwaste Recovery truck sue for damages, citing an illegal turn and inadequate driver training. The lawsuit seeks compensation for pre-death suffering, among other claims.

Monday, July 14, 2025

American babies born this year through 2028 are eligible to receive $1,000 from the government for a new type of account aimed at helping families get their children off to a strong economic start.

Friday, July 11, 2025

Not since the closing of Metro Pictures -- the champion of the Pictures Generation artists -- four years ago has such an important gallery decided to call it quits, and it came as a shock to many.

Friday, July 11, 2025

A San Francisco judge allows sexual assault claims against Uber to proceed, focusing on its driver rating system, setting the stage for bellwether trials that could reshape rideshare industry standards.

Friday, July 11, 2025

34 additional sanctuary jurisdictions, including Los Angeles, seek to join a lawsuit against the Trump administration for withholding federal funds.

Thursday, July 10, 2025

When Amazon CEO Andy Jassy wrote last month that he expected the company's use of artificial intelligence to "reduce our total workforce" over the next few years, it confirmed the fear among many workers that AI would replace them.

Thursday, July 10, 2025

The U.S. Department of Justice gave California until Monday to comply with a ban on transgender athletes on sports teams that align with their gender identity. The state Department of Education rejected that order on Monday.

Thursday, July 10, 2025

A retired Solano County judge was admonished for soliciting a Marsden motion, disparaging a public defender in court, and interfering with the attorney-client relationship in a murder case.

Wednesday, July 9, 2025

Justice Goodwin H. Liu, writing for a unanimous court, found that Drexel A. Bradshaw mishandled the assets and home of an elderly client and breached his fiduciary duty in a case involving "multiple counts of misconduct."

Wednesday, July 9, 2025

Efforts by insurers and tort reform groups to curb litigation financing in California have run aground -- for now. Two bills backed by powerful business interests failed to advance, while plaintiffs' attorneys rally around a competing proposal aimed at regulating the industry without cutting off vital support for cash-strapped clients.

Wednesday, July 9, 2025

I'm generally optimistic about all the ways artificial intelligence is going to make life better -- scientific research, medical diagnoses, tutoring and my favorite current use, vacation planning. But it also offers a malevolent seduction: excellence without effort.

Tuesday, July 8, 2025

While Attorney General Rob Bonta's opinion will not carry the force of law, it could be a prelude to legal action.

Tuesday, July 8, 2025

California AG Rob Bonta has sued Healthline Media, alleging the site unlawfully shared sensitive health data with advertisers even after users opted out, violating consumer privacy and state laws.

Tuesday, July 8, 2025

Since the explosion of generative artificial intelligence over the last two years, the technology has demeaned or defamed opponents and -- for the first time, officials and experts said -- begun to have an impact on election results.

Monday, July 7, 2025

A San Jose jury ordered Google to pay $314 million for covertly using Android users' cellular data, marking a major legal precedent in data privacy and user consent law.

Monday, July 7, 2025

A San Bernardino County jury largely cleared Northwest Pallet Services LLC of wage and break violations, marking a rare trial victory for a California employer under the strict "rebuttable presumption" standard established in Donohue v. AMN Services.

Monday, July 7, 2025

Numerous misconceptions persist regarding the relationship between workers' compensation and other workplace rights.

Thursday, July 3, 2025

Antitrust litigator Meredith Dearborn, based in San Francisco, is the first West Coast attorney to join Dunn Isaacson Rhee LLP.

Thursday, July 3, 2025

A legislative push to create an expedited licensing path for former federal attorneys has been shelved for the year, even as multiple reform efforts continue in response to a troubled bar exam and mounting criticism of the California State Bar's governance.

Thursday, July 3, 2025

The number of applications submitted on LinkedIn has surged more than 45% in the past year.

Wednesday, July 2, 2025

The inaction left intact a 9th Circuit ruling that the Los Angeles policy did not constitute a taking under the Fifth Amendment. Two justices dissented and would have taken the case.

Wednesday, July 2, 2025

Recent events have bolstered assumptions that Newsom is running for president.

Wednesday, July 2, 2025

The move follows a May arbitration order, which found in favor of Mohammad Honarkar on key fraud and contract claims

Tuesday, July 1, 2025

The seventh month has become the seasonal focus of the "no spend" budgeting trend, popular on social media, in which people swear off discretionary spending for a period of time to save, pay down debt or just get a handle on their finances.

Tuesday, July 1, 2025

Plaintiff Peter Rogerson claimed he was repeatedly mocked for using a cane to walk, subjected to jokes for being a "cripple" and compared to a horse ready for the "glue factory" by senior leadership and colleagues.

Tuesday, July 1, 2025

Sacramento judges upheld Attorney General Bonta's right to hire outside counsel, while attorneys working for the state secured a one-year delay on Gov. Gavin Newsom's return-to-office order.

Monday, June 30, 2025

San Francisco judge postpones ruling in whistleblower lawsuit accusing major banks of defrauding California taxpayers by inflating municipal bond rates, with billions in potential damages at stake.

Monday, June 30, 2025

Over the last half century or so, millions more people have moved to greater Los Angeles. And during this same time, Angelenos have been consuming less water.

Monday, June 30, 2025

Senior U.S. District Judge Charles R. Breyer permits expedited discovery into possible Posse Comitatus Act violations, rejecting President Donald Trump's jurisdictional challenge, in a mixed ruling for California's fight against federalized National Guard deployment.

Friday, June 27, 2025

No matter your stage in life or the size of your refund, there are ways you can use your refund to help reach your current and future financial goals.

Friday, June 27, 2025

The DOJ's lawsuit pertains to a request for unredacted voter records after the U.S. Attorney General received a complaint over a mail-in ballot received by a non-citizen.

Friday, June 27, 2025

Dr. Michael Wasilisin sues Therabody, alleging the company used his Theragun tip designs, breached their agreement, and denied him inventor credit and compensation, despite documented promises from founder Jason Wersland.

Thursday, June 26, 2025

Microsoft nearly doubles San Francisco tax refund claim to $29.4M. Judge allows attempt at appeal certification, potentially impacting $415M in tech tax disputes. Court of Appeal ruling could resolve related cases.

Thursday, June 26, 2025

While California is still No.1 in agricultural production among the states, generating about $60 billion a year, other sectors, such as technology, health care and logistics now play much larger roles in the state's economy.

Thursday, June 26, 2025

The Legislature's restoration of 65% of the Alameda County Court's budget cut from last year made possible a deal to give most court workers a 3% raise and other benefits after a two-day strike and months of talks.

Wednesday, June 25, 2025

People who pay their rent on time can establish credit scores or significantly raise low scores if the payments are reported to credit bureaus, new research found.

Wednesday, June 25, 2025

The ruling breathes new life into the Los Angeles commercial real estate company's counterclaims under the Sherman and Cartwright Acts, even as a copyright infringement trial looms.

Wednesday, June 25, 2025

The ruling marks the first time a federal appellate court has affirmed a customs-based FCA trial verdict, reinforcing the government's power--and private whistleblowers' ability--to pursue civil fraud claims tied to import duties and trade enforcement.

Monday, July 14, 2025

Less than two weeks after the U.S. Supreme Court restricted nationwide injunctions, a New Hampshire judge certified a nationwide class and blocked President Trump's executive order ending birthright citizenship. The ruling raises questions about whether class actions will become the new vehicle for nationwide relief.

Friday, July 11, 2025

At issue is whether Senior U.S. District Judge Edward Chen's ruling halting the Trump administration's rollback of TPS for 600,000 Venezuelans qualifies as a preliminary injunction, a determination that could shape the Biden-era immigration program's fate.

Thursday, July 10, 2025

The court's 8-1 decision clears the way for Trump administration agencies to pursue large-scale layoffs, overturning a San Francisco judge's injunction requiring congressional approval for such actions. Justice Ketanji Brown Jackson called the ruling "hubristic and senseless" in her dissent.

Wednesday, July 9, 2025

I. Neel Chatterjee is the sixth partner to join the firm's California offices in the past year.

Tuesday, July 8, 2025

The state Supreme Court held that arbitration clauses in dealership sales contracts don't extend to the automaker.

Monday, July 7, 2025

AB 130 reshapes how California's environmental review law applies to housing projects--but attorneys say it's far from the end of CEQA challenges.

Thursday, July 3, 2025

Coronavirus Reporter accuses Apple and Gibson Dunn of fraud, intimidation in $200B antitrust suit, seeking $20M in sanctions, attorney disqualification.

Wednesday, July 2, 2025

DOJ sues Los Angeles, alleging its sanctuary ordinance violates the Constitution by discriminating against federal immigration enforcement, fostering lawlessness and defying federal law. The lawsuit seeks to void the ordinance.

Tuesday, July 1, 2025

Elon Musk's attorneys from Toberoff & Associates accuse OpenAI and Samuel Altman of improper defenses in a lawsuit challenging OpenAI's shift to a $157 billion for-profit entity, alleging breach of contract.

Monday, June 30, 2025

Central Valley Eden Environmental Defenders sue Capital Ready Mix, alleging toxic runoff into Sacramento River violates federal and state laws, seeking injunctive relief for ongoing environmental harm.

Friday, June 27, 2025

U.S. District Judge James Donato granted a preliminary injunction, halting President Trump's order that stripped collective bargaining rights from federal employees in 40 agencies and departments, citing First Amendment concerns and potential irreparable harm.

Thursday, June 26, 2025

U.S. District Judge William Alsup partially granted Anthropic's fair use motion for purchased books but set a Dec. 1 trial for copyright infringement claims involving 7 million pirated books used to train Claude.

Wednesday, June 25, 2025

The U.S. Supreme Court's 7-2 ruling in Diamond v. EPA affirmed that oil companies may challenge California's emissions program, sparking fears among environmental groups that the decision could lead to a wave of industry-led lawsuits--and ultimately undermine state-level climate policy.