San Jose Post Record
Monday, January 20, 2025
GUEST COLUMNS

Friday, January 17, 2025

In the aftermath of recent fires, disaster victims face a flood of lawyer advertisements and events, highlighting both the vital role attorneys play in pursuing justice and the need for ethical, transparent, and well-resourced legal representation to truly prioritize victims' interests.
Jimmy Carter's legacy blends groundbreaking humanitarian efforts, like the Camp David Accords, with controversial positions on Israel, creating complex impact.

Thursday, January 16, 2025

The IRS and California FTB have extended tax deadlines and Section 1031 exchange periods to October 15, 2025, providing relief to Los Angeles County residents and businesses impacted by devastating wildfires.
Aerial firefighting, combining air tankers, helicopters, and tactical aircraft, is a critical yet dangerous endeavor often disrupted by illegal drone activity, which jeopardizes firefighting efforts, endangers lives, and underscores the importance of strict adherence to FAA regulations.

Wednesday, January 15, 2025

In the wake of the Southern California wildfires, property owners filing insurance claims should know California laws offer expanded coverage options, including combined dwelling/structure limits, relaxed personal property documentation, extended loss-of-use benefits, and protection against policy cancellations, with state and federal aid available for those uninsured or underinsured.
With financial fraud on the rise, consumers and legislators are expecting more from banks.

Tuesday, January 14, 2025

The U.S. Supreme Court heard L.W. v. Skrmetti on Dec. 4, challenging Tennessee's ban on gender-affirming hormone therapy for minors, part of a broader wave of anti-transgender laws since 2021 aiming to restrict trans rights.
In the recent cases of Shayan and Saraye, California courts addressed the application of laches and statute of limitations in family law, clarifying that while money judgments for attorney fees are enforceable without renewal, laches may apply to child support reimbursements if pursued too late.

Monday, January 13, 2025

In 2024, the California Supreme Court clarified key insurance law issues, rejecting COVID-19 property damage claims, addressing continuous injury coverage, and reinforcing rules on ambiguity and policyholder expectations.
California's wildfires highlight the need for proactive land use planning to mitigate wildfire risks through safety elements in local General Plans and CEQA analysis, while also requiring compassionate, adaptive short-term responses to rebuild communities and address constituents' needs.

Friday, January 10, 2025

The California Court of Appeal's Leeper decision empowers employers to compel arbitration of individual PAGA claims, even in cases seeking only non-individual penalties, streamlining PAGA litigation.
The Supreme Court's denial of petitions keeps the California Clean Air Act waiver intact, but California's vehicle regulation journey is about to get bumpier.

Thursday, January 9, 2025

Proposition 65 updates, which went into effect Jan. 1, require naming chemicals in warnings, clarifying online and food labeling, add vehicle parts guidelines, and give businesses three years to comply.
California's Senate Bill 940 expands arbitration discovery rights, requires more consumer protections, and may reduce the cost-effectiveness of arbitration, prompting businesses to reconsider its use for dispute resolution.

Wednesday, January 8, 2025

California's new 2025 legislation reforms summary judgment deadlines, unlawful detainer procedures, and triple net expense protections for "qualified commercial tenants."
When California state Sen. Scott Wiener introduced the nation's most ambitious AI safety bill last year, it became a flashpoint in the debate over how to govern artificial intelligence.
In Hernandez v. City of Stockton, the California Court of Appeal ruled that a pedestrian's lawsuit was barred because his government claim, which cited an "uplifted sidewalk," did not match the actual condition--a hole from an empty tree well--highlighting the need for precise claims against public entities.

Tuesday, January 7, 2025

Taking a cue from Edward Bulwer-Lytton's much maligned opening sentence, your columnist is on the hunt for legal submissions that stand out for all the wrong reasons, with prizes for the best submissions.
As we advance college athletes' compensation rights, we must protect our players from exploitative pay-for-play schemes that threaten their careers in this evolving NIL landscape.

Monday, January 6, 2025

Seasoned attorneys can bring out the best in their baby lawyers with these tips for understanding and guiding them through that overwhelming first year.
California law offers military and mental health diversion programs to help veterans accused of crimes access rehabilitation instead of prosecution, with recent expansions allowing felony-level military diversion starting Jan. 1, 2025.

Friday, January 3, 2025

Under President Joe Biden, the U.S. and Turkey, both seasoned practitioners of "back channel" diplomacy, achieved a remarkable diplomatic feat with the release of American hostages held in Russia. Yet, it seems the world remains largely unaware--or indifferent--to the achievement.

Thursday, January 2, 2025

California's Racial Justice Act aims to eliminate racism from criminal courts, but recent judicial bias cases reveal the need for stronger oversight and accountability measures.
When attorneys scored a complete victory against Elon Musk's $56 billion Tesla pay package, Chancellor McCormick faced a novel challenge: how to award fees that would reward the win while avoiding an unprecedented windfall.

Tuesday, December 31, 2024

Starting Jan. 1, 2025, California's SB 399 will ban employers from penalizing workers for skipping meetings on political or religious views, expanding protections beyond union discussions to prevent coercion and safeguard workers' rights.
As Trump eyes extending his 2017 tax cuts, a $35 trillion national debt and mounting social costs pose critical challenges, creating a tension between his tax reduction goals and our nation's pressing needs.

Monday, December 30, 2024

A Trump-Musk administration may end federal EV tax credits and emission regulations while California imposes stricter oversight of autonomous vehicles, creating jurisdictional conflicts over electric car policy in 2025.
California's new Corporate Climate Data Accountability Act mandates large businesses to report Scope 3 greenhouse gas emissions by 2027, pushing companies toward greater environmental transparency and supply chain collaboration.

Friday, December 27, 2024

The federal government often avoids taking responsibility for actions that affect property owners, leading to prolonged litigation. A recent case, Ideker Farms, LLC. v. United States, highlights this issue
President-elect Donald Trump's recent interest in purchasing Greenland, met with mockery and Denmark's refusal to sell, has spurred speculation about possible U.S. annexation, with legal experts citing historical precedents and military considerations as potential justification despite anticipated legal and cultural challenges.

Thursday, December 26, 2024

The 2024-2025 Supreme Court term will tackle key intellectual property cases, including issues of personal jurisdiction in patent disputes, trademark infringement damages, regulatory safe harbor for patented activities, and Federal Circuit procedures.
The 5th Circuit found that the diversity rules were not a disclosure requirement but a public-shaming penalty, and concluded that the rules were unrelated to the purposes of the Exchange Act.

Tuesday, December 24, 2024

The California Court of Appeals upheld a summary judgment in favor of a shopping center and its janitorial service, ruling that their regular inspections, including one just 8-9 minutes before the incident, were sufficient to meet their duty of care and there was no evidence of notice of the hazard.
Year-end is a stressful period with significant tax considerations, especially for law firms and individuals operating on a calendar year basis.

Monday, December 23, 2024

The Federal Communications Commission moved to permanently block calls from 2400 carriers that failed to tackle robocalls.
As smart contract adoption grows, arbitration provides an effective mechanism for resolving related disputes, aligning with the needs of modern digital commerce.

U.S. District Judge Araceli Martínez-Olguín (File photo)

NEWS

Friday, January 17, 2025

Rep. Kevin Kiley aims to limit the California Coastal Commission's authority through new legislation, citing its overreach in decisions affecting SpaceX launches, amid debates over environmental oversight and political bias.

Friday, January 17, 2025

The case's outcome could have major implications for California statutes that also aim to protect minors and are facing similar constitutional challenges.

Friday, January 17, 2025

As much of Los Angeles smolders, wind warnings return and fire crews stand guard, scientists say almost unprecedented climatic conditions throughout Southern California led up to the disaster.

Friday, January 17, 2025

Bankers traditionally cloak themselves as a risk-averse bunch, and given the questions about the future for interest rates, deal making and the geopolitical world, their optimism about what's ahead is noteworthy.

Friday, January 17, 2025

As multiple wildfires continue to incinerate homes and displace tens of thousands of people in Los Angeles County, experts worry about the long-term effects the fires will have on the state's already dire homelessness crisis.

Thursday, January 16, 2025

A divided House on Tuesday approved legislation that aims to bar transgender women and girls from participating in school athletic programs designated for female students, as Republicans sought to wring political opportunity from a social issue that helped them win the 2024 elections.

Thursday, January 16, 2025

The steps nominees and prospective nominees take after a president-elect chooses them for a post and before they can be confirmed.

Thursday, January 16, 2025

An three-judge appellate panel reinstated visa fraud charges against executives of PerfectVIPs Inc., finding that false statements on H-1B applications can constitute fraud even if the government had no right to ask certain questions.

Wednesday, January 15, 2025

At least $15 million will be funneled through the State Bar and the California Access to Justice Commission to nonprofits fighting deportations and cases involving reproductive rights.

Wednesday, January 15, 2025

Gov. Gavin Newsom's executive order to streamline rebuilding in fire-damaged areas waives key environmental regulations, but legal experts say its real-world effect may be limited. Challenges like zoning changes, contamination cleanup, and insurance issues loom for homeowners and communities.

Wednesday, January 15, 2025

At the stroke of midnight on Dec. 31, Earth finished up its hottest year in recorded history, scientists said.

Tuesday, January 14, 2025

Last month, U.S. Magistrate Judge Donna M. Ryu dismissed most claims by the Coalition on Homelessness and several individual plaintiffs in the wake of a U.S. Supreme Court decision. But she has rejected the city's latest motion to dismiss the entire complaint.

Tuesday, January 14, 2025

The courts will receive about $5 billion, roughly the same as in the 2024-25 budget finalized last summer.

Tuesday, January 14, 2025

When a crisis most tests our faith and confidence, do we trust bonds of community, and can we rely on the arms of government to protect us?

Monday, January 13, 2025

The complaint, filed Jan. 7 in federal court in San Francisco, claims that Walmart violates California's Unfair Competition Law, or UCL, by failing to disclose the presence of lead on its labels for the hot cocoa mix.

Monday, January 13, 2025

Personal finance courses, offered mostly as electives, are sprouting up at public and private colleges nationwide and getting a boost from a new initiative by Stanford University.

Monday, January 13, 2025

A 9th Circuit panel is scheduled to hear oral arguments in Google's appeal on Feb. 3.

Friday, January 10, 2025

The White Mountain Apache Tribe claim Meta, Snapchat, TikTok, and YouTube exploit vulnerable Native American youth.

Friday, January 10, 2025

The case, rooted in new legislation, now hinges on rapidly disappearing video footage.

Thursday, January 9, 2025

Just a week into 2025, the media industry got its first consequential transaction: The Walt Disney Co. is buying 70% of Fubo, the video service that had sued to block the media giant's plan to create Venu, a sports streaming joint venture with Fox and Warner Bros. Discovery.

Thursday, January 9, 2025

Despite being the junior member, U.S. Sen. Adam Schiff's history with President-elect Donald Trump ensures his role will draw national attention as he evaluates judicial and U.S. attorney nominees under the incoming administration.

Thursday, January 9, 2025

KPMG Law US applied for an Arizona license to practice law, potentially becoming the first big accounting company to own provide legal services in the U.S. This move aims to expand legal services, stirring debate over ethics and access to justice.

Wednesday, January 8, 2025

Lucantonio N. Salvi, chair of Sheppard Mullin, said the additions were part of the national effort the firm has undertaken to grow its health care practice.

Wednesday, January 8, 2025

The Department of Defense settled with some 30,000 veterans discharged under "Don't Ask Don't Tell," offering streamlined discharge upgrades and removal of sexual orientation indicators from records.

Tuesday, January 7, 2025

Legal Eagle's Devin Stone accuses PayPal's Honey of scamming YouTubers by stealing affiliate commissions, leading to class action lawsuits. Honey denies wrongdoing, defends last-click attribution.

Tuesday, January 7, 2025

Los Angeles Mayor Karen Bass has plenty to be proud of in her first two years as the chief executive of the largest city in the largest state in America.

Tuesday, January 7, 2025

CashCall Inc. must pay over $134 million for illegal lending practices, as ruled by the 9th Circuit. The court rejected CashCall's jury trial claim.

Monday, January 6, 2025

Senior U.S. District Judge Edward J. Davila allowed most of California's new law regulating social media notifications to minors to take effect while striking down certain provisions as unconstitutional. The technology trade group NetChoice immediately appealed, arguing the law violates First Amendment rights.

Monday, January 6, 2025

The complaint filed in Sacramento escalates a decades-old battle over casino games.

Friday, January 3, 2025

The Kern County case is so important to some farm employers that it became the rare superior court case to receive amicus curiae briefs.

Friday, January 3, 2025

The number of murders across the United States declined sharply for much of 2024, continuing a recent downward trend, according to data collected by the FBI, cities and independent researchers.

Thursday, January 2, 2025

Now is as good a time as any to ensure your portfolio is well positioned to weather any market conditions, regardless of who is occupying the White House.

Thursday, January 2, 2025

Gov. Newsom signed more than 1,000 new laws this year, significantly impacting legal practices. Key changes include arbitration oversight, new workplace laws, and court operations modifications.

Thursday, January 2, 2025

Robin D. Perry specializes in personal injury litigation, criminal defense, and business law.

Friday, January 17, 2025

An Anthropic co-founder seeks to quash a subpoena in a lawsuit against OpenAI, claiming no unique knowledge about the company's practices, though he worked there for 18 months. Writers claim copyright infringement by ChatGPT.

Thursday, January 16, 2025

Modeled on the federal hazardous waste cleanup law, the proposal seeks to make fossil fuel companies pay for climate damages, fund adaptation measures, and support wildfire survivors.

Wednesday, January 15, 2025

Speaking at the Sacramento Press Club, the state attorney general discussed Gov. Gavin Newsom's funding proposal to bolster legal defenses against the incoming Trump administration.

Tuesday, January 14, 2025

U.S. District Judge R. Gary Klausner declined Autotrader attorneys' argument that that a claim related to a restriction of the use of pen registers without consent under California Penal Code, Section 638.51 was restricted to telephone communications.

Monday, January 13, 2025

Evacuation orders in Los Angeles impacted trials as far away as San Francisco, due to attorneys being unable to travel for hearings.

Friday, January 10, 2025

The complaint accuses the retail giant of misleading consumers into believing they are getting a deal on sale items.

Thursday, January 9, 2025

The lawsuit against the state of California and several environmental groups does not name the law firm but says it is at the center of a plan to engage in "political activities" and use "US proxies" to further the agenda of "foreign interests."

Wednesday, January 8, 2025

A split California Supreme Court overturned a mother's second-degree murder conviction, finding there was no evidence she directly aided or abetted her boyfriend in bludgeoning their 2-month-old son to death.

Tuesday, January 7, 2025

The 9th U.S. Circuit Court of Appeals has been predominantly liberal since 1998, but Trump added 10 conservative judges. Despite this, a Democratic majority persists, affecting judicial dynamics, and is unlikely to change in his upcoming term.

Monday, January 6, 2025

California courts anticipate more data privacy lawsuits in 2025, focusing on data brokering and breaches, driven by new laws and public awareness. Experts highlight the trend's growth and strategic litigation.

Friday, January 3, 2025

A 2nd District Court of Appeal panel ruled Christina Leeper's PAGA lawsuit must go to arbitration, ending the 'headless' case strategy. This decision conflicts with prior rulings, causing uncertainty in PAGA litigation.

Thursday, January 2, 2025

California and other states prepare for legal clashes with Trump's deportation plans, facing challenges due to a constitutional provision favoring federal law over state statutes on immigration.