San Jose Post Record
Friday, January 09, 2026
GUEST COLUMNS

Friday, January 9, 2026

The Trump administration is already deploying GenAI to second-guess physicians' determinations of medical necessity for seniors' treatments, shifting Medicare toward cost-driven care over clinician judgment.
California's 2026 carryout bag law closes the thick plastic loophole but still relies on outdated material categories instead of lifecycle performance metrics to guide sustainable packaging policy.

Thursday, January 8, 2026

Britain's control of Iran's oil industry in the 20th century was technically successful but politically catastrophic. The lessons from that failure offer crucial insights for anyone considering U.S. engagement in Venezuela's oil sector today.
The IRS's new Trump Accounts could reshape early-life investing, offering families a flexible, long-term savings tool that blends retirement-style benefits with child-focused incentives.

Wednesday, January 7, 2026

Netflix's $72 billion bid for Warner Bros. Discovery tests the limits of antitrust enforcement in the streaming era--and reveals how media giants are adapting to regulatory scrutiny.
California's bail system crisis isn't the result of recent reforms--it stems from courts refusing to follow constitutional requirements that have existed since 1849.

Tuesday, January 6, 2026

At the intersection of Saticoy Street and Topanga Canyon Boulevard in Canoga Park, a newly rebuilt crosswalk tells a troubling story about how well-intentioned compliance initiatives can quietly make streets less safe.
By declining review in Kennedy Commission, the California Supreme Court let stand a ruling that sharpens a pivotal question: how far, and how fast, can the state compel charter city housing compliance?

Monday, January 5, 2026

Friday, January 2, 2026

Alford and Pena expose a split over emergency takings: One court says the Fifth Amendment always requires compensation, the other leans on history, leaving the Supreme Court to resolve the clash.
As states wage an escalating redistricting arms race, the only way to stop politicians from handpicking their voters is a national ban on partisan gerrymandering that puts independent mapmakers -- not self-interested lawmakers--in charge.

Wednesday, December 31, 2025

Witnesses tell your client's story but mishandling them can write them out of your case entirely. From who you can contact to what documents you can accept, here's what California lawyers need to know about witness communication ethics.
Enlarging the House by 150 members and the Senate by 21 could make Congress more representative, reduce district distortion and restore closer connections between lawmakers and constituents.

Tuesday, December 30, 2025

Understanding the neutral's perspective can help practitioners achieve better outcomes.
Constructive receipt determines when income is considered taxable, focusing on whether you have an unrestricted right to payment, even if you don't actually receive it.

Monday, December 29, 2025

To counterbalance a federal judiciary dominated by former executive branch lawyers who defer to presidential power, the Senate should require that for every judge nominated with senior executive experience, another must have substantive legislative branch experience.
Combat veterans carry invisible battlefields of trauma; while the justice system once punished their symptoms, veteran treatment courts now prioritize healing, restore dignity, reduce recidivism and offer paths to redemption.

Friday, December 26, 2025

In 2025, NIL rights transformed college sports, boosting athlete pay, fueling school revenue and reshaping recruitment--benefiting all divisions while normalizing a market worth more than $2 billion.
As the Supreme Court moves to expand presidential power by subordinating independent agencies to executive prerogatives, a proposed statute would restore congressional authority by creating expert advisory agencies that develop bipartisan legislation for fast-track congressional votes.

Tuesday, December 23, 2025

Trump's new "Gold Card" immigration program offers wealthy foreign nationals an expedited green card in exchange for a $1 million non-refundable payment to the U.S. government, igniting controversy over wealth-based access to residency.
President Trump's executive order is not legalization, but a procedural step that underscores just how far federal cannabis policy remains from meaningful reform.

Monday, December 22, 2025

A new Second District Court of Appeal decision dismantles the Patterson exception, easing the burden on defendants and restoring common sense to the workers' comp treatment authorization process.
Two recent federal actions--one administrative, one judicial--highlight the sharp limits of executive and court-based cannabis reform, reinforcing that only Congress can resolve the deep constitutional conflicts at play.

Friday, December 19, 2025

California has long flirted with a wealth tax, but a new ballot measure targeting the state's billionaires could finally break through where past efforts have failed.
California's housing crisis has become a tale of two cities--with San Francisco charging ahead and Los Angeles backpedaling--offering a stark look at how local leaders navigate state pressure and housing need.

Thursday, December 18, 2025

The Supreme Court's IEEPA tariff cases put a sharp question front and center: Can Congress really give the president a blank check to tax imports? Several swing justices seem doubtful.
A constitutional challenge in Fresno raises an issue faced by cities across the country: Whether municipalities can lawfully criminalize homelessness in the absence of viable alternatives to outdoor living.

Wednesday, December 17, 2025

Government coercion of private platforms to suppress apps like ICEBlock exemplifies "censorship by proxy," raising urgent First Amendment concerns about protecting speech, transparency and public safety against overreach.
When powerful interests redefine accountability through public narratives, perception can begin to outweigh evidence in shaping the law.

Tuesday, December 16, 2025

From fake case citations in court briefs to deepfake audio in custody battles, AI is already reshaping California litigation -- and most judges still don't know when they're relying on an algorithm's judgment instead of a human's.
A $303 million settlement over the NCAA's 31-year ban on compensating volunteer coaches signals that coordinated wage-fixing among employers -- even in college athletics -- will face increasingly stringent antitrust scrutiny.

Monday, December 15, 2025

California's 2026 laws turn slow payments and oversized retentions into legal risks for construction contracts.
From grade school lessons on immigrants of every language, faith and skin color forming a "melting pot," to today's U.S. as a global economic and cultural powerhouse, it's clear that diversity and immigration have driven American innovation -- even as some political rhetoric now frames newcomers as a threat.

Friday, December 12, 2025

Holiday rituals and hard-won lessons in war and peace remind us of what it means to come home.
California's Senate Bill 440 takes effect Jan. 1, imposing new non-waivable dispute resolution rules on private construction contracts, including mandatory timelines for owner responses and the right to stop work for non-compliance.

Thursday, December 11, 2025

When the SEC comes knocking, corporate counsel must call in reinforcements, guard confidences, spot conflicts and tread carefully to protect both the company and themselves.
California's infrastructure boom is delivering new bike lanes and roadways at record speed -- but oversight hasn't kept pace. When facilities open with unlit sections, unmarked hazards, or unclear design changes, a troubling question emerges: Who's actually responsible?

Wednesday, December 10, 2025

Liability insurers' use of catch-all language in Intellectual Property and Habitability exclusions -- designed to eliminate coverage for entire mixed lawsuits -- may conflict with California Insurance Code section 530.
From Halloween to New Year's, America's four major holidays form a deliberate cultural scaffold that lifts a diverse nation from welcoming strangers to honoring survival, strengthening intimate bonds, and finally embracing future possibility.

NEWS

Friday, January 9, 2026

Sonoma County urged a federal judge to sanction plaintiffs' counsel, alleging an unnecessarily lengthy first amended complaint violated Rule 11, delayed proceedings, and advanced frivolous claims over senior evictions tied to code enforcement.

Friday, January 9, 2026

It's been one year since the fires. California has raised wages for incarcerated firefighters and made the Growlersburg Fire Camp program permanent.

Friday, January 9, 2026

Before his arraignment, Nick Reiner's private defense counsel withdrew, and he is now represented by a public defender in the double-murder case.

Thursday, January 8, 2026

The dispute centers on whether states may probe alleged lobbying and corruption as part of a Tunney Act review of the $14 billion deal.

Thursday, January 8, 2026

The Legislature reconvened after a 114-day recess, Gov. Gavin Newsom renewed his nascent campaign for president and the dozen or so men and women who covet his job continued to seek ways to reach a so-far-uninterested electorate.

Wednesday, January 7, 2026

President Donald Trump raised the taxes that the United States charges on imports last year to levels not seen in a century.

Wednesday, January 7, 2026

Senior U.S. District Judge Charles R. Breyer denied Uber's request to delay bellwether trials and challenge a political ad campaign, siding with plaintiffs who argued the ads are protected speech.

Wednesday, January 7, 2026

Arguing a motion to dismiss, Prager University contended that Facebook ID data cannot be decoded by an ordinary person, but Judge Mark C. Scarsi questioned how that standard holds up in an era of artificial intelligence.

Tuesday, January 6, 2026

People entering a house party might expect to see a rack overflowing with shoes by the door. Lately, people entering some startup offices might, too.

Tuesday, January 6, 2026

Flannery Associates resolves claims against Solano County landowners Paul and William Dietrich

Tuesday, January 6, 2026

Attorneys warn Uber-backed ballot initiative could limit recovery for autonomous vehicle crash victims, as Waymo expands freeway operations and Uber pursues RICO claims against personal injury lawyers and medical providers.

Monday, January 5, 2026

Elon Musk's xAI sued the state of California, arguing AB 2013 forces disclosure of proprietary AI training data, violating trade secret protections, free speech rights and the Fifth Amendment.

Monday, January 5, 2026

Legal analysts warn the initiative could face challenges under U.S. and California Constitutions.

Monday, January 5, 2026

Millions of borrowers have fallen behind on their federal student loans, and the government is preparing to take aggressive steps to collect in 2026.

Friday, January 2, 2026

Few life milestones are as emotionally and financially transformative as becoming a parent. While this chapter is often filled with deep joy, it can also bring new worries as each stage of parenthood can present fresh challenges.

Friday, January 2, 2026

Courts in 2025 advanced AI copyright law, backing fair use for training models while leaving market harm, licensing and authorship questions unresolved as lawsuits, settlements and appeals continue nationwide broadly.

Friday, January 2, 2026

Consumer Attorneys of California urged a federal court to reject Uber's injunction bid, arguing a campaign ad about alleged driver assaults is protected political speech amid a heated fight over a 2026 ballot initiative.

Wednesday, December 31, 2025

The artificial intelligence boom has turned high-profile billionaires into even richer billionaires.

Wednesday, December 31, 2025

Los Angeles Mayor Karen Bass staked her political future on a promise: As a candidate in 2022, she vowed to make homelessness her top priority and to make dramatic reductions in the city's population of unhoused people.

Wednesday, December 31, 2025

Decades after evidence emerged that Alameda County prosecutors systematically excluded Black and Jewish jurors from capital cases, a new appeal challenges a 1989 murder conviction and raises questions about judicial impartiality and ongoing resistance to changes.

Tuesday, December 30, 2025

America is closing its doors to the world, sealing the border, squeezing the legal avenues to entry and sending new arrivals and longtime residents to the exits.

Tuesday, December 30, 2025

Gov. Gavin Newsom's choice to replace retiring Justice Martin J. Jenkins could determine whether the California Supreme Court maintains its resistance to challenges of convictions and sentences or strengthens a dissenting bloc pushing for greater scrutiny under the Racial Justice Act and death penalty jurisprudence.

Tuesday, December 30, 2025

The California High-Speed Rail Authority has dropped its lawsuit against the Trump administration over the termination of $4 billion in federal grants for the state's high-speed rail project, opting instead to pursue private investment.

Monday, December 29, 2025

Jury sides with former behavioral health medical director who was fired after reporting alleged misconduct.

Monday, December 29, 2025

The United States routinely tops the list of foreign travelers' dream destinations.

Monday, December 29, 2025

Eaton and Palisades wildfire lawsuits involve tens of thousands of plaintiffs, novel immunity defenses, utility liability disputes, and unprecedented strain on California courts and coordinated litigation systems.

Friday, December 26, 2025

Bipartisan lawmakers cite the Zachary Scrivner case as evidence the 2018 statute needs tighter limits.

Friday, December 26, 2025

It's natural for parents to want to lend a hand as their children make the sometimes-bumpy transition to adulthood, especially for those whose educational or early-career trajectories were disrupted by the pandemic.

Friday, December 26, 2025

Once a flowing river through Bakersfield, the Kern now runs dry for most of the year. A case now before the California Supreme Court asks whether state law requires it to flow again--and what that answer could mean for water users statewide.

Tuesday, December 23, 2025

A Los Angeles judge fast-tracked and consolidated UCLA's arbitration and discovery motions regarding Pasadena's lawsuit seeking to block any early move of Bruins football games from the Rose Bowl Stadium.

Tuesday, December 23, 2025

A former Instacart executive aide alleges she was fired for running for Congress and her policy views, while Instacart contends conflicts of interest made her job incompatible with a federal campaign.

Tuesday, December 23, 2025

So much of what is wrong with the college application process comes down to this: You often don't know what a school will ask you to pay until you get in.

Monday, December 22, 2025

A decade-long patent fight against GoPro faces uncertainty after an inconsistent jury verdict, prompting both sides to seek judgment or a new trial before a federal judge.

Monday, December 22, 2025

A tech entrepreneur countersued his mansion manager, claiming he seized control of AGI House in San Francisco, stole trademarks and domains, and froze him out, while the manager claims abandonment and infringement occurred.

Monday, December 22, 2025

Freeway expansion isn't just a transportation issue; it's one of the most overlooked drivers of California's housing crisis.

Friday, January 9, 2026

AB 1544 follows incidents in which journalists were barred from immigration court proceedings, raising questions about state authority over federal courts.

Thursday, January 8, 2026

The tie-up with Turner Boyd Seraphine adds 12 lawyers and establishes another West Coast office for Thompson Hine.

Wednesday, January 7, 2026

CAOC-backed committees report massive fundraising totals as title and summary approvals allow competing ballot measures to move toward signature gathering.

Tuesday, January 6, 2026

The 9th Circuit affirmed summary judgment finding "Top Gun: Maverick" did not infringe a journalist's article that was the basis for the original film. The panel held that shared depictions of Navy training were unprotected facts rather than copyrightable expression under law.

Monday, January 5, 2026

A steep drop in PTAB institutions under revised PTO procedures has raised questions about the future of inter partes review and revived practices common before the America Invents Act.

Friday, January 2, 2026

For decades, residents in the rural north have longed for a political earthquake that would cleave their region out of California and allow them to create their own fabled "State of Jefferson" with conservatives in Southern Oregon.

Wednesday, December 31, 2025

Government attempts to break up large Silicon Valley tech giants Meta Platforms Inc. and Alphabet Inc.-owned Google LLC hit significant hurdles this year, as one lawsuit was defeated and a request for a major divestiture was blocked in another.

Tuesday, December 30, 2025

Despite a landmark Supreme Court ruling limiting cash bail, Civil Rights Corps' efforts to enforce individualized bail hearings face resistance from judges and prosecutors, leaving many indigent defendants jailed pretrial.

Monday, December 29, 2025

Attorneys say Tesla's aggressive litigation tactics, intense discovery disputes and frequent counsel changes strain Alameda County courts, while the court disputes overload claims as major employment, injury and discrimination cases against the automaker continue.

Friday, December 26, 2025

Housing discrimination is on the rise in the United States, according to a new report, but fair housing advocates say the figures understate the scope of the problem.

Tuesday, December 23, 2025

A pilot program assigning discovery and other law and motion matters in unlimited civil cases to a single courtroom is showing dramatic reductions in delays, early resolutions, and a culture shift toward cooperation. Judges hope the model will soon expand across Orange County's entire civil bench.

Monday, December 22, 2025

The move follows a broader influx of private equity and other investors into legal services. The investment is expected to help Signature expand its geographic footprint.