San Jose Post Record
Sunday, December 01, 2024
GUEST COLUMNS

Wednesday, November 27, 2024

Federalism allows states and the federal government to balance power and protect individual liberty, encouraging citizens to seek protection from one government when oppressed by the other.

Monday, November 25, 2024

With Trump's 2017 tax cuts set to expire in 2025, Congress faces pivotal decisions that could reshape America's entire tax landscape.
California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, including treble damages and attorney's fees, particularly in bad-faith cases. Mediation offers a practical, cost-effective way to resolve disputes early, avoiding the financial risks and uncertainties of protracted litigation.

Wednesday, November 20, 2024

Senate Bill 824 prohibits insurers from canceling or nonrenewing policies for properties in or near wildfire-affected areas for one year after a state of emergency is declared.
The California Supreme Court is weighing EpicentRx, Inc. v. Superior Court, a case that could let shareholders bring corporate misconduct claims before a California jury. A ruling for shareholders would challenge the enforceability of bylaws requiring such cases to be heard exclusively in Delaware's Court of Chancery, blocking corporate defendants from dismissing these cases in California courts.

Tuesday, November 19, 2024

An estimated 1 in 4 divorces now occur among couples over 50. The phenomenon of gray divorce represents a significant shift in how society views marriage, aging, and personal fulfillment.
Amid high living costs and talent retention issues, Governor Newsom's plan to incentivize local production could stabilize California's entertainment workforce and provide an economic boost following the 2023 SAG-AFTRA and WGA strikes.
As AI technology impacts the court reporting industry, the risks--ranging from bias to security concerns--highlight why human court reporters are still essential for delivering accurate, reliable, and trustworthy legal transcripts.

Monday, November 18, 2024

Hochman's "hard middle" platform may allow federal agencies and prosecutors in the region to focus on broader, more complex matters, potentially incentivizing the U.S. Attorney's Office to increase its focus on major cases and corporate wrongdoing, including financial crimes and those impacting America's financial systems.
The Corporate Transparency Act went into effect on Jan. 1, 2024, requiring nonexempt entities to file a Beneficial Owner Information Report with FinCEN. Entities have until Jan. 1, 2025, to file--unless exempt. As of now, about 27 million of the 32 million required entities have yet to file.

Thursday, November 14, 2024

In 2024, California's legislature passed key AI bills focused on ethical concerns and digital content misuse, while Gov. Newsom vetoed a broader measure, signaling the state's cautious approach to AI regulation and its future impact.
Orrick, Herrington & Sutcliffe LLP settles $8 million data breach class action, offering compensation and free identity theft protection to victims while enhancing cybersecurity practices.

Wednesday, November 13, 2024

Courts should not attribute the combative nature of litigation to a chronic mental disease requiring lawyers to be mentally evaluated. They instead should focus on whether attorneys are acting within the bounds of the law and being zealous advocates for their clients.
Collecting a judgment can be difficult, as it requires turning a legal ruling into actual payment. The Enforcement of Judgment Act, outlined in Code of Civil Procedure ยงยง680.010 - 724.060, offers different methods for collection, including the sale of real property, but the process can be intricate.

Tuesday, November 12, 2024

The 2024 California legislative session introduced significant changes to cannabis and hemp laws, including research facilitation, advertising restrictions, tax clarifications, and more.
The case of GRFCO, Inc. v. Superior Court highlights the importance of compliance with the apprenticeship requirements on state and local public works projects in California.

Monday, November 11, 2024

Military service imparts valuable skills and qualities that are highly beneficial in the legal profession, such as discipline, commitment, and strong interpersonal skills.
Litigation finance is a legitimate way for lawyers and plaintiffs to receive nonrecourse cash, but it's important to consider taxes when striking a deal or later when filing tax returns.
California's landmark $20 minimum wage for fast food workers is reshaping the industry, but questions about its long-term impact on wages, turnover, and the role of the Fast Food Council remain.

Friday, November 8, 2024

The gatekeeper role, found across mythologies worldwide, is akin to the task trial courts face when screening expert testimony. California cases like Sargon and Tidd highlight the court's duty to ensure that only well-founded, scientifically reliable expert opinions reach the trier of fact, guarding against testimony based on conjecture or insufficient foundation.
Decisions by the FTC and California may open new avenues for challenging any advertising claims, with potentially multi-million-dollar business-ending implications for any company selling products on an autorenewal, continuous service, or negative option basis.

Wednesday, November 6, 2024

California's latest film and television tax credit proposal aims to boost production, but can it compete with other states and international markets?
Approximately 3.5 million used cars sold in California in 2024 will no longer be eligible for the refund-or-replace remedy, significantly affecting consumer protections. However, used car buyers can still pursue claims against dealers and distributors.
Exploring the probate implications of Shakespeare's "King Lear," drawing parallels with a real historical case and examining modern-day estate mediation.

Monday, November 4, 2024

At a recent party, an older man claimed that only "very wealthy" individuals could afford a subscription box at the Hollywood Bowl, prompting reflection on classism and the misconceptions surrounding wealth and lifestyle choices.

NEWS

Wednesday, November 27, 2024

The response seeks dismissal of a lawsuit the Pac-12 filed in the Northern District of California arguing that a penalty against it for "poaching" five Mountain West football schools violates the Sherman Act and state laws.

Tuesday, November 26, 2024

Lorik Papyan admitted obtaining HIV medications from patients in the Los Angeles area and repackaging them with over-the-counter analgesics, candy and other substances.

Tuesday, November 26, 2024

A jury in San Francisco found that cancer test maker Natera made false and misleading claims about rival Guardant's product.

Monday, November 25, 2024

A trade secrets complaint accuses the executives of taking the business to their new employer, BMO Wealth Management.

Monday, November 25, 2024

The one-sentence opinion was unsigned and quickly followed oral arguments in the case on Nov. 6, in which justices voiced skepticism of arguments that the shareholders' claims should be dismissed.

Monday, November 25, 2024

Civil, family law, probate and Mental Health-LPS cases will eventually be required to utilize eService as well, with full implementation slated for mid-2025.

Wednesday, November 20, 2024

All the publicly posted comments from judges said the opinion's cautions - particularly suggestions that judges have others defend them in such situations - will discourage judges from taking advantage of the amendment to Canon 3B (9).

Wednesday, November 20, 2024

Some prominent judges -- including the late U.S. Supreme Court Justice William J. Brenna Jr. --and law professors have tried for decades to draw attention to the issue. The message may finally be getting through.

Wednesday, November 20, 2024

The nominees who advanced were Los Angeles County Superior Court Judge Anne Hwang and State Bar Court Judge Cynthia Valenzuela Dixon for the Central District; and Alameda County Superior Court Judge Noel Wise for the Northern District.

Tuesday, November 19, 2024

The ACLU pointed to statements made by Trump adviser Stephen Miller as evidence that ICE is likely to ramp up its air operations during the next administration.

Tuesday, November 19, 2024

The ruling could have significant implications in other collections cases in which defendants are not properly served.

Tuesday, November 19, 2024

The lawsuit claims that the Redwood City based school district has a long history of "tolerating casual antisemitism" on its four campuses, which escalated after last year's Hamas terror attack on Israel.

Monday, November 18, 2024

Five environmental organizations accused the pesticide regulation department and its directors of purposely failing to adequately regulate treated seeds, crop seeds that are covered in a mixture of pesticides before planting.

Monday, November 18, 2024

Kathi Vidal, formerly Winston & Strawn's managing director, will be replaced by the office's deputy director from mid-December.

Thursday, November 14, 2024

Attorneys for Lendlease Construction Inc. argued in opening remarks that Mickey Cheng and Edward Chen, executives for Los Angeles Downtown Investments, used the project to line their pockets with interest payments.

Thursday, November 14, 2024

While the name change wasn't intentionally deceptive, it would likely cause harm to San Francisco International Airport's brand, U.S. Magistrate Judge Thomas S. Hixson ruled.

Wednesday, November 13, 2024

The Lands Commission and Aspen American Insurance Co. sued Plains in 2018, claiming the company did not adequately maintain the pipeline and install safety equipment, like an automatic shutoff valve.

Wednesday, November 13, 2024

The proposed rules could "provide regulators with unprecedented visibility into the data and AI governance practices of regulated business," according to one attorney. The public has 45 days to comment on them.

Wednesday, November 13, 2024

"The restrictions imposed by California Senate Bill 976 violate bedrock principles of constitutional law and precedent from across the nation," Bradley A. Benbrook of Benbrook Law Group PC wrote in the lawsuit filed by NetChoice LLC.

Tuesday, November 12, 2024

An attorney for creditors claims the diocese's offer aims to "force" victims to release third party claims and become real estate agents for the church.

Tuesday, November 12, 2024

Veterans' counsel opposed the VA's request for stay of an order that it immediately build 100 temporary shelters, saying the government motion will lead to "needless suffering and death" if granted.

Tuesday, November 12, 2024

The plaintiff claims his personal details were compromised because of a Nov. 1 data breach, HACLA's second reported data breach in as many years.

Friday, November 29, 2024

Lawsuits are rare under California's 2019 CROWN Act, which bans discrimination against Black employees for wearing "natural" or "Afro" hairstyles.

Tuesday, November 26, 2024

Attorneys for man in Sonoma County say their client suffered serious complications after assuming the affected carrots.