San Jose Post Record
Friday, March 01, 2024
GUEST COLUMNS

Friday, March 1, 2024

Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a significant shift in collegiate sports, aligning with labor law principles favoring collective bargaining and raising questions about the NCAA's rules amidst emerging "collectives" seeking player compensation.

Wednesday, February 28, 2024

Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced and flexible solutions that would protect the needs of the children, parents, and insurance companies.

Tuesday, February 27, 2024

The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions, gaslighting, and lawsuits that challenge affirmative action.
Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recognize the union, which is what the union is seeking once it has majority support.
All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure they learn factual and historical information.

Monday, February 26, 2024

Thursday, February 22, 2024

Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice, and a reportable violation. The rule also requires the lawyer to consider whether to seek the client's consent to disclosure, and whether to report to the State Bar or a tribunal.
Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and regulations that protect their educational rights.

Friday, February 16, 2024

Thursday, February 15, 2024

Wednesday, February 14, 2024

Tuesday, February 13, 2024

Friday, February 9, 2024

Thursday, February 8, 2024

Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are entitled to recover the attorneys' fees incurred in defending against claims against the payment bond.
The difference between legitimate tax avoidance and tax evasion is critical. The arguable "loan debt" may have been concocted by Donald Trump as a fictional way of avoiding income taxes.
It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite imaginary case law suggested by ChatGPT, new AI programs exist to make document review far more efficient.

Tuesday, February 6, 2024

To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County's general-plan, zoning-ordinance and permitting-process regulations. And those local regulations have evolved significantly over the years.

Monday, February 5, 2024

Friday, February 2, 2024

NEWS

Friday, March 1, 2024

"This is a textbook example of attorney-client privilege. It is individual at the company, emailing a lawyer providing information and asking, can you assist," said Molly M. Lens of O'Melveny & Myers LLP.

Friday, March 1, 2024

The justices were curious about why the parties are fighting so hard – for three years now – about whether an arbitrator or court should decide who should hear their dispute.

Friday, March 1, 2024

The plaintiff, a fashion designer, claims that Girardi and her assistants, as well as U.S. Secret Service agents and American Express, conspired to wrongfully prosecute him. The ruling allows him to proceed with his claims.

Wednesday, February 28, 2024

A judge sustained a demurrer from actor Alec Baldwin and other producers of the film "Rust" to claims of loss of consortium by cinematographer Halyna Hutchins' family, including her mother, father, and sister.

Wednesday, February 28, 2024

Robert Rundo was rearrested by the FBI near San Diego after being freed by a district judge, and according to a 9th U.S. Circuit Court of Appeals order, will remain in custody pending resolution of an appeal on the dismissed case.

Wednesday, February 28, 2024

The FTC's decision to block the deal came as little surprise, but it has the potential to chill merger activity.

Tuesday, February 27, 2024

The plaintiffs' claims against Zuckerberg are based on personal statements, not his actions as a corporate officer, the plaintiffs' attorneys said.

Tuesday, February 27, 2024

Attorney General Rob Bonta agreed the state will bide by a 2023 federal court order that leaves the tribes dealing directly with the federal government. Several other tribes could soon also escape state regulation.

Monday, February 26, 2024

Google's attorney argued that the YouTube channel owners could not be found liable under the Children's Online Privacy Protection Act as the plaintiffs did not allege that the owners improperly collected or used data.

Monday, February 26, 2024

The lead plaintiffs, who use wheelchairs, claim that Hertz discriminated against them and other disabled renters by only offering hand controls and spinner knobs in a small number of vehicles, thereby excluding them from renting entire categories of cars such as electric vehicles and luxury sedans.

Monday, February 26, 2024

The court's unanimous opinion reversed and remanded a case that stemmed from a 2015 crime in which a gang member unlawfully entered a woman's home, raped her, and stole her laptop and phone, which were later sold by other gang members.

Thursday, February 22, 2024

UC Berkeley School of Law Dean Erwin Chemerinsky said the court "is not ready to consider race-neutral programs that have the effect of increasing diversity."

Thursday, February 22, 2024

Dileep Kumar Reddy Kamujula acknowledged that he used information provided by a cousin who worked at a cloud communications company to make trades during the pandemic.

Wednesday, February 21, 2024

The ABA has rejected a "teach-out" plan to allow the students to complete their current coursework as the institution winds down operations.

Wednesday, February 21, 2024

The company's stock value has plummeted in recent months following a data breach that allegedly exposed the personal information of hundreds of thousands of people with Ashkenazi Jewish and Chinese ancestry.

Friday, February 16, 2024

"Californians are owed a neutral title and summary of that initiative as part of their core political speech," said attorney Emily K. Rae with the Liberty Justice Center, one of those who filed a petition against Attorney General Rob Bonta's ballot language.

Friday, February 16, 2024

Despite the facts being compelling, "counsel knows that there is also a pleading requirement that supports the motion for summary judgment or opposition … to the motion. That is what's lacking here and I can't ignore that," U.S. District Judge Sherilyn P. Garnett.

Friday, February 16, 2024

"The subject matter of the prior representations and this representation substantially overlap because they involve the same legal issues … and are based on the same product," U.S. District Judge Beth Labson Freeman wrote in her order.

Thursday, February 15, 2024

The parties requested that the courts hold the lawsuits in abeyance because they are engaged in discussions regarding the rule's implementation and whether a settlement could eliminate the need for further litigation in either case.

Thursday, February 15, 2024

The policy "clearly contemplates the advancement of defense costs for potentially covered claims, subject to recoupment by the insurer if it ultimately turns out that the claims are not actually covered," according to a federal court ruling.

Wednesday, February 14, 2024

"Any stay would be of an indefinite duration," U.S. District Judge Charles R. Breyer wrote in his order.

Wednesday, February 14, 2024

The Court of Appeal ruling comes as state lawmakers are evaluating several news bills to regulate the technology industry.

Wednesday, February 14, 2024

Supporters of the recall effort want DA Pamela Price removed from office because they believe she is too lenient and is not keeping the community safe.

Tuesday, February 13, 2024

"Consumers have been misled, induced, and defrauded into spending money and thus harmed by defendants' fraudulent misrepresentations and false advertising," Singleton Schreiber LLP partner Christopher R. Rodriguez wrote in the complaint.

Tuesday, February 13, 2024

Starbuzz International Inc. has been trying to recoup $2.8 million in tobacco taxes for over eight years. Anti-tax groups see the case as an example of government overreach.

Tuesday, February 13, 2024

The endorsements for a reversal of some of the provisions — by San Francisco Mayor London Breed and San Jose Mayor Matt Mahan — come as legislators in Sacramento have introduced bills that would allow courts to consider a criminal's prior convictions for theft, possibly transforming misdemeanor offenses into felonies for a third offense.

Tuesday, February 13, 2024

"People should have free access to mediating their case rather than going into a high-conflict situation. Instead of litigation, let's try to resolve these through a mutual conversation," retired Chief Justice of California Justice Tani Cantil-Sakauye said.

Tuesday, February 27, 2024

The Supreme Court will hear arguments in the case, filed by Grants Pass, Oregon, on April 22, challenging a 9th U.S. Circuit Court of Appeals decision that that city's ordinance violated the Eighth Amendment.

Thursday, February 15, 2024

Getaround's attorneys claim that Broadspire's "utter failure to provide Getaround with competent third party administration services" caused the rental company's insurance claims costs to skyrocket. Broadspire denied these accusations.