San Jose Post Record
Wednesday, September 17, 2025
GUEST COLUMNS

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.

Wednesday, August 27, 2025

New Jersey's layered PFAS settlement secures long-term funding for cleanup and remediation, offering a potential blueprint for California as it navigates its ongoing "forever chemicals" litigation.
Directing settlement payments to charity can reduce a plaintiff's taxable income in some cases, but IRS rules, legal fees, and limits on charitable deductions often make the tax implications complex and require careful planning before signing an agreement.

Tuesday, August 26, 2025

FINRA Forward is a comprehensive reform initiative aimed at modernizing FINRA rules, strengthening collaboration with member firms, leveraging technology and AI, and enhancing enforcement and cybersecurity efforts to protect investors and ensure market integrity.
California's SB 1107 raises auto liability minimums for the first time since 1967, boosting victim protection but likely increasing premiums and underscoring the need for skilled legal counsel.

Monday, August 25, 2025

Rising launch activity at Vandenberg Space Force Base has sparked legal disputes between SpaceX and the California Coastal Commission over whether state permits apply to federally controlled launch sites, highlighting tensions between state oversight, federal authority, and the need to maintain seamless access to orbit for U.S. national security and commercial interests.
Sharing sensitive info with AI like ChatGPT isn't privileged -- lawyers and clients risk discovery and breaching confidentiality under California law.

Friday, August 22, 2025

Small business owners who fall victim to unauthorized withdrawals have just 24 hours to fight back under the National Automated Clearing House Association's rules -- far less protection than consumers.
Artificial intelligence is increasingly reshaping employees' duties and workflows across industries, creating efficiency gains but also raising novel wage-and-hour risks, particularly the potential loss of exempt classification when AI reduces or replaces tasks that justify exempt status.

Thursday, August 21, 2025

The law brings long-awaited clarity to stablecoins but leaves banks, fintechs and regulators facing unresolved legal and oversight challenges at the crossroads of blockchain and traditional finance.
Once a niche subject, art law has grown over the past half century into a recognized legal discipline shaping disputes over ownership, expression and the global art market.

Wednesday, August 20, 2025

The California State Bar's 2024 Justice Gap Study reveals a worsening crisis in civil legal access, with 70% of households facing problems but receiving help for only 15%, highlighting the urgent need to expand legal aid, pro bono work, and innovative non-attorney support to protect vulnerable Californians from life-altering harm.
As labor shortages persist across the U.S. construction industry, a parallel crisis is unfolding -- one grounded in heightened legal exposure and regulatory scrutiny. Here are some of the key risks contractors now face and the contractual tools they're using to protect themselves.

Tuesday, August 19, 2025

The February 2024 cyberattack on Change Healthcare, a UnitedHealth subsidiary, exposed sensitive medical data of nearly 190 million Americans, disrupted billions in claims processing, left providers financially vulnerable, sparked widespread litigation, and prompted proposed federal cybersecurity legislation -- highlighting critical gaps in healthcare IT security and multi-factor authentication practices.
In Hohenshelt v. Superior Court, the California Supreme Court preserved Civil Code ยง1281.98 from federal preemption by interpreting it to allow exceptions for excusable late payment of arbitration fees, softening earlier strict rulings and setting the stage for new disputes.

Monday, August 18, 2025

A curious, deliberate approach can turn casual contacts into a powerful revenue-generating network.
Mediation in class and PAGA cases is essentially inevitable, so attorneys should prioritize early and thorough preparation -- including client management, data analysis, team-building and pre-mediation discovery.

NEWS

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 5, 2025

A federal judge's ruling Tuesday on what steps Google must take to fix its monopoly in online search delivered a clear answer: You will be restrained, but not broken up or forced to fundamentally change your business practices.

Friday, September 5, 2025

With one 9th Circuit panel having partially stayed the injunction, a separate panel questioned whether Trump's refugee-entry order is truly temporary and whether federal agencies can stop processing refugees while entry is suspended.

Friday, September 5, 2025

Alameda County Judge Keith Fong ruled Oakland Airport's erasure of slip-and-fall video wasn't willful spoliation, finding other evidence preserved plaintiff's case; trial set for September.

Thursday, September 4, 2025

Senior U.S. District Judge Charles R. Breyer issued an order enjoining the federal government from using its troops for domestic law enforcement. But he stayed his own order until Sept. 12, giving the administration an opportunity to seek a stay from the 9th U.S. Circuit Court of Appeals or to take the case to the U.S. Supreme Court.

Thursday, September 4, 2025

Real estate-focused Versant Law is being sued by its San Francsico landlord for nearly $94,000 in unpaid rent after allegedly vacating the office space months before the lease was set to expire.

Thursday, September 4, 2025

In California, the "regular rate of pay" is used to calculate overtime pay, paid sick leave under the Healthy Workplaces, Healthy Families Act, meal and rest period premiums, split shift premiums, and reporting time pay.

Wednesday, September 3, 2025

Employees at S&F Foods dreaded lifting heavy cardboard boxes from a conveyor belt and placing them onto pallets for shipment all day. So Mike Calleja, the plant manager for the company, which makes frozen food for school cafeterias, hired a robot.

Wednesday, September 3, 2025

A towering figure in California's judiciary and a devoted jazz pianist celebrates five decades on the bench on Monday. Known for his wit, clarity and collegiality, Arthur Gilbert plans to retire at the end of the year.

Wednesday, September 3, 2025

A jury found that Alameda Healthcare & Wellness Center and its corporate operators neglected 73-year-old Air Force veteran James Doherty Sr., and falsified records to cover it up.

Tuesday, September 2, 2025

Robinhood urged a San Francisco federal judge to dismiss investors' unfair business practices class action over its cash sweep program, arguing plaintiffs failed to show reliance on alleged misstatements or omissions.

Tuesday, September 2, 2025

When driving a car across the country isn't possible or desirable, shipping a car can save time, as well as wear and tear on your vehicle.

Friday, August 29, 2025

Given California's size and its cultural and economic impact around the globe, whoever captures its governorship instantly becomes one of the nation's most prominent politicians and a potential candidate for president.

Friday, August 29, 2025

Gov. Gavin Newsom appointed Adam P. Brezine, a veteran of Adobe and Twitter, as chief counsel of the California High-Speed Rail Authority amid deepening legal challenges and the loss of billions in federal funding.

Friday, August 29, 2025

Michael A. Columbo, attorney for state Republicans, argued the ballot measures were rushed through the Legislature and violated constitutional rules, but justices denied the claim without comment.

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.

Friday, September 5, 2025

The court rejected claims of reverse discrimination and found no facts suggesting the FCC acted negatively based on Korea-born hedge fund owner.

Thursday, September 4, 2025

Speaking at the Consumer Attorneys of Los Angeles conference in Las Vegas, the "father of rideshare litigation" Christopher Dolan said that passengers will pay heavily for the deal, blessed by California Gov. Gavin Newsom. He said that Uber and Lyft's claims that rides would become cheaper were "total bullshit."

Wednesday, September 3, 2025

Supporters say the change preserves clarity and consistency, while Los Angeles County District Attorney Nathan Hochman argues courts should be able to warn that a plea "will" result in immigration penalties. The dispute centers on language dating back to 1978 and could affect thousands of future pleas.

Tuesday, September 2, 2025

The high court on Thursday reversed the death penalty for Jason Alejandro Aguirre, citing a 2021 law requiring stricter proof of gang activity, but left his murder and attempted murder convictions intact.

Friday, August 29, 2025

Silicon Valley corporations and investors have pledged up to $200 million to two new super political action committees that are aimed at forcing out politicians whom they see as insufficiently supportive of the push into artificial intelligence.