San Jose Post Record
Saturday, November 01, 2025
GUEST COLUMNS

Thursday, October 30, 2025

The Supreme Court is taking up two cases that could hold Cuba accountable for seizing American property -- an unexpected legal showdown with serious implications.
A $329 million verdict against Tesla for an autopilot-related death opens the floodgates to more lawsuits, exposing the company's overhyped self-driving claims and inferior safety systems compared to competitors like Waymo.

Wednesday, October 29, 2025

In the unpublished decision, the California Court of Appeal ruled that a man living in a tent had no Fourth Amendment protection -- a sign of how courts are criminalizing poverty.
Part Two examines the proposed 2026 ballot initiatives targeting property and automobile insurance in California, including a Consumer Watchdog "Bill of Rights" and a modernized regulatory framework aimed at restoring competition. The coming election could once again place voters at the center of the state's insurance market policy.

Tuesday, October 28, 2025

On Oct. 11, California enacted SB 37 to crack down on misleading attorney advertising -- giving consumers the right to sue over deceptive ads and strengthening penalties for illegal solicitation.
California voters have long wielded influence over insurance regulation through ballot initiatives, from Proposition 103's sweeping reforms in 1988 to Proposition 213's 1996 limits on uninsured drivers' claims. This article explores the history and impact of these measures, setting the stage for the critical 2026 election.

Monday, October 27, 2025

Cash for keys agreements can offer landlords with properties in rent-controlled jurisdictions flexibility, but failure to follow local rules could cost them dearly.
Once limited mostly to defamation and media cases, California's anti-SLAPP statute (Code Civ. Proc. § 425.16) has expanded into nearly every corner of civil litigation -- from employment, family, and probate disputes to contract, real estate, and arbitration matters -- catching unprepared lawyers off guard and packing a powerful punch with fee-shifting, discovery stays, and immediate appeal rights that can turn a routine case into a high-stakes fight.

Friday, October 24, 2025

As more plaintiffs look to sell their legal claims, the quirky tax rules around such transfers make early tax advice crucial.
Jurors may apply the law as instructed, but rising ticket prices and advancing surveillance are shaping a new expectation: that venues take real responsibility for keeping concertgoers safe.

Thursday, October 23, 2025

A billion-dollar Los Angeles verdict over baby powder and mesothelioma underscores how junk science, aggressive trial lawyer advertising, and weak judicial gatekeeping are fueling an endless cycle of litigation that drives up costs, distorts justice, and undermines public trust in California's courts.
The allegations of widespread fraud in Los Angeles County sexual abuse claims demand immediate, independent action from experienced, unbiased plaintiffs' firms to protect real victims and restore integrity to the settlement process.

Wednesday, October 22, 2025

Businesses across industries are facing a surge in "Shine the Light" law requests under California Civil Code §1798.83, exposing those unprepared to respond to significant litigation risks and penalties despite compliance with newer privacy laws like the CCPA.
Amid "No Kings" protests over his authoritarian tactics, Trump's March 22 directive to punish lawyers challenging his policies looks less like reform -- and more like an effort to intimidate dissent.

Tuesday, October 21, 2025

The EPA's proposal to gut greenhouse gas reporting would sideline nearly all sectors, leaving a gaping hole in climate accountability until at least 2034.
The California Air Resources Board released a preliminary list of in-scope entities and draft guidance on the state's mandatory climate reporting requirements. Certain companies doing business in California will have to publicly post their first reports on or before Jan. 1, 2026, in accordance with the guidance.

Monday, October 20, 2025

Sen. Ted Cruz plans bipartisan legislation to curb government "jawboning" -- pressure on media or platforms to silence speech -- arguing that protecting free expression requires applying First Amendment principles evenly, no matter the politics.
Recent California legislation will enable municipalities -- and reviewing courts -- to conserve valuable resources and time during CEQA-related litigation.

Friday, October 17, 2025

Despite longstanding precedent affirming the public's right to access civil court proceedings, recent actions in Los Angeles courtrooms underscore the need to reaffirm a core principle: Public and press access to civil proceedings is a constitutional right -- one that has never been more vital.
Banksy's mural at London's Royal Courts of Justice highlights the complex legal landscape of the Visual Artists Rights Act, which grants authors of recognized visual art the 'right of integrity' to prevent destruction or alteration of their works, creating potential liability for building owners even when artworks are installed without permission.

Thursday, October 16, 2025

California personal representatives must conduct diligent, country-specific searches to identify heirs abroad, since failure to do so can reopen estates, delay distributions, and expose fiduciaries to liability.
The 2025 California Legislative Session enacted major reforms to the state's cannabis and hemp laws -- including new hemp regulations, a temporary cannabis tax cut, tighter controls on online sales, and faster approval for substance research -- marking one of the most significant overhauls of the industry since legalization.

Wednesday, October 15, 2025

In California trust litigation, determining whether a settlor's mental ability meets the lower testamentary standard or the higher contractual one often decides who controls an estate -- and the outcome of the entire case.
Class actions in California are high-stakes, complex and slow -- demanding strategy, persistence, and careful management to deliver real results.

Tuesday, October 14, 2025

The pending 3rd Circuit appeal in Thomson Reuters v. ROSS Intelligence could set a landmark precedent on whether using proprietary legal research headnotes to train AI constitutes copyright infringement or fair use, potentially reshaping how commercial AI platforms are developed across legal, medical, financial and other research-intensive fields.
California's diverse, high-value specialty crops are poorly served by federal farm subsidy programs designed for bulk row crops, and modernizing aid to reflect real economic losses, export risks, and timely delivery is critical to sustaining the state's farms and the national food supply.

Monday, October 13, 2025

Trump's bid to use the National Guard as a political tool has sparked lawsuits claiming he overstepped his authority and threatened the balance between federal and state power.
Under the Government Claims Act, a claimant need not file a pre-suit claim with a public entity when seeking purely declaratory relief, though any subsequent monetary claims must be preceded by a government claim.

Friday, October 10, 2025

Opened in 1891, Los Angeles' Red Sandstone Courthouse symbolized the city's civic pride, growth and legal development, and though it was demolished after earthquake damage in the 1930s, its legacy endures through preserved architectural elements and its influence on subsequent courthouses.
Effective commercial mediation requires recognizing and managing the human elements -- emotions, histories, biases and interpersonal dynamics -- that can either facilitate or impede settlement, rather than focusing solely on financial and legal positions.

Thursday, October 9, 2025

School injury cases can be complex and fact specific -- Doe v. Mount Pleasant Elementary School District serves as a practical starting point for analyzing claims tied to school-sponsored overnight retreats.
Bronshteyn serves as a reminder of the broad discretion trial courts hold in awarding attorney's fees to prevailing plaintiffs in employment litigation -- and the difficulty defendants may face when trying to overturn such awards on appeal.

Wednesday, October 8, 2025

Despite more than 20 years of mandatory harassment training in California, workplace sexual harassment complaints have risen sharply, highlighting that compliance-focused programs fail to change culture and that effective prevention requires ongoing, interactive, and inclusive approaches emphasizing bystander intervention, relevance and psychological safety.
If you want to be paid, refusing to hand over a Form W-9 may not make sense.

Tuesday, October 7, 2025

Many workers believe they're in a hostile work environment, but unless mistreatment is tied to a legally protected trait, the law often doesn't consider it unlawful.
War teaches luck matters. So does the law. Survival in court often depends on which lawyer, judge, or county you get -- not just your merits. To make justice fair, we need funding parity, standardized protocols and consistent representation -- so outcomes aren't left to chance.

Monday, October 6, 2025

Ross Intelligence is appealing a Delaware court ruling that held its use of Thomson Reuters' copyrighted headnotes for AI training was not fair use, in a case that could have sweeping implications for how AI models legally access and learn from copyrighted material.
By grounding complex disputes in universal moral principles, trial lawyers can make any business case accessible and compelling.

Friday, October 3, 2025

The music industry's 1990s sampling battles mirror today's AI copyright disputes: both pit innovation against ownership, both sparked chaos and lawsuits, and in both cases, the path forward lies not in endless litigation but in creating predictable licensing systems that balance creativity with compensation.
California's new "No Secret Police" Act aims to restore public trust, but its real test is whether state power can withstand federal supremacy in enforcing accountability.

Thursday, October 2, 2025

California's Honest Pricing Law and the FTC's Junk Fees Rule are forcing businesses to show all-in prices, driving costly system changes and exposing them to lawsuits and consumer backlash.
Vietnamese American nail salon owners and manicurists are challenging California's AB 5 law, claiming it unfairly forces nail techs into employee status while sparing other beauty professionals.
Photo courtesy of University of the Pacific McGeorge School of Law
Retired U.S. Supreme Court Justice Anthony Kennedy

NEWS

Thursday, October 30, 2025

Two insurer groups are challenging a deal in the Sacramento Diocese bankruptcy allowing four sexual abuse cases to proceed, in a hearing that could influence similar disputes nationwide.

Thursday, October 30, 2025

Well, sports fans, how about this scenario -- long-time frenemies Gavin Newsom and Kamala Harris facing off for the Democratic Party's presidential nomination three years hence?

Thursday, October 30, 2025

California Attorney General Rob Bonta on Tuesday approved OpenAI's restructuring plan, allowing its for-profit arm to operate as a public benefit corporation after securing concessions on safety and charitable oversight.

Wednesday, October 29, 2025

Oil giant argues SB 253 and SB 261 compel speech and conflict with federal securities rules. A prior challenge by the U.S. Chamber of Commerce failed to win an injunction.

Wednesday, October 29, 2025

The cryptocurrency trading platform is asking a San Francisco federal judge to dismiss or transfer a breach of contract lawsuit to New York, citing a revised user agreement that includes a forum selection clause.

Wednesday, October 29, 2025

Cal State, the largest U.S. university system with 460,000 students, recently embarked on a public-private campaign -- with corporate titans including Amazon, OpenAI and Nvidia -- to position the school as the nation's "first and largest AI-empowered" university.

Tuesday, October 28, 2025

Justices instead approved only installment-payment clarifications, adopted (with modifications) cross-state license recognition for military personnel and spouses, and appointed Pasadena Assistant City Attorney Alison R. Worthington to the State Bar Court.

Tuesday, October 28, 2025

With more interest rate cuts a possibility, it may be a good time to lock in current rates in your savings, if you haven't already.

Tuesday, October 28, 2025

U.S. District Judge Yvonne Gonzalez Rogers of Oakland urged attorneys general to use AI for jury instruction analysis in a Social Media Addiction MDL, criticized "gamesmanship," and moved the first bellwether trial to Oakland.

Monday, October 27, 2025

Author Tasha Alexander alleges Apple trained its 'Apple Intelligence' model using her books without permission.

Monday, October 27, 2025

Many financial institutions are offering interest-free loans, fee waivers, deferred payments and other forms of temporary relief to help keep workers afloat while the political gridlock drags on.

Monday, October 27, 2025

Engineer Dan Sargent, backed by Sam Altman and Jony Ive, seeks dismissal of a trade secrets lawsuit from iyO Inc., claiming any alleged disclosures were protected speech under California's anti-SLAPP law.

Friday, October 24, 2025

The appointments include one judge each in Fresno, Mendocino, Orange, San Francisco, San Mateo, Solano, and Tulare Counties, and multiple appointments in Los Angeles and Riverside Counties.

Friday, October 24, 2025

The San Francisco Superior Court said it will begin releasing criminal defendants because the Public Defender's Office lacks enough attorneys to represent them, prompting a sharp exchange between Public Defender Manohar Raju and District Attorney Brooke Jenkins -- and renewed debate over California's system for funding indigent defense.

Friday, October 24, 2025

Quantum computing is still an experimental technology. But Google's new algorithm, Quantum Echoes, shows that scientists are rapidly improving techniques that could allow quantum computers to crack scientific problems no traditional computing device ever could.

Thursday, October 23, 2025

Trinity County Judge Eric Heryford was publicly censured for falsely signing salary affidavits while delaying rulings in multiple cases and showing a lack of candor during a judicial conduct investigation.

Thursday, October 23, 2025

Newsom's slow roll protects him from taking any meaningful actions, thus bequeathing reparations to his successor, like his many other unresolved California issues.

Thursday, October 23, 2025

California and the U.S. Department of Justice sparred Tuesday in federal court over whether to delay the state's lawsuit challenging the federal government's decision to claw back billions in high-speed rail funds. The state argued the Trump administration could still reallocate the money despite the government shutdown, while Justice Department attorneys said they were barred from proceeding on non-emergency cases.

Wednesday, October 22, 2025

As voters weigh in on Proposition 50, which will appear on the ballot next month, the debate over the measure is complicated by one common concern and one common misconception: The concern is that the proposed redistricting moves California away from hard-won fairness in drawing congressional boundaries. The misconception is that this is a simple gift to Democrats.

Wednesday, October 22, 2025

Judge Ethan P. Schulman sanctioned a McDonald's franchise's attorney for repeated discovery delays, scolding both sides for poor communication in a wage-and-hour class action with minimal document production.

Wednesday, October 22, 2025

As social media shifts toward short-form video, attorneys are redefining their marketing playbooks -- balancing creativity and reach against ethical boundaries and disclosure requirements.

Tuesday, October 21, 2025

High school seniors applying to college may cross some schools off their list when they see the nearly six-figure "sticker" prices, not realizing that the actual cost may be far lower.

Tuesday, October 21, 2025

A federal judge tentatively approved class certification in an antitrust lawsuit alleging that a $12.8 billion Altria and Juul deal illegally eliminated competition in the U.S. e-cigarette market through a non-compete agreement.

Tuesday, October 21, 2025

As Congress stalls on artificial intelligence regulation, California's sweeping AI legislation is setting a national benchmark. States from New York to Texas are borrowing key principles -- and testing their own limits -- as they craft new rules for the fast-moving technology.

Monday, October 20, 2025

The NLRB sued to block California's AB 288, a "trigger law" empowering a state agency to enforce federal labor rights when the board cannot or will not act. Experts say the measure faces likely NLRA preemption, setting up a test of federal incapacity.

Monday, October 20, 2025

Eight years ago, as he began his campaign for governor, Gavin Newsom described fixing the state's chronic housing shortage as a moral imperative.

Monday, October 20, 2025

The 1st District Court of Appeal ruled the Legislature lawfully renamed Hastings College of the Law and eliminated a hereditary board seat, rejecting claims by descendants that the move violated the U.S. and California Constitutions.

Friday, October 17, 2025

A San Francisco federal judge granted a temporary restraining order blocking the Trump administration from issuing reduction-in-force notices during the government shutdown, siding with unions challenging the legality of planned layoffs.

Friday, October 17, 2025

A Sacramento Superior Court judge expressed doubts that taxpayer organizations have standing to challenge a new law revising how the state taxes business income. The case tests whether SB 167 unlawfully changes state tax rules under the guise of clarification.

Friday, October 17, 2025

You're never too young to get your finances in order, and the decisions you make now can help you develop positive habits to build wealth down the road.

Thursday, October 16, 2025

The American garage's reincarnation looks different depending on the resident: It might be a hideaway man cave, a she shed, a home theater, a workshop, a crafting zone or a band practice room.

Thursday, October 16, 2025

Gov. Gavin Newsom has signed AB 250, creating a two-year window in 2026-27 for adult survivors of sexual assault to bring previously time-barred civil claims. The law targets cases involving alleged institutional "cover-ups" but excludes public entities.

Thursday, October 16, 2025

A judge upheld Tesla's arbitration win against a former employee who claimed bias, after the arbitrator switched legal standards in the middle of the case.

Wednesday, October 15, 2025

A San Francisco judge awarded X Corp. $150,000 in attorney fees but criticized its "stunning" overbilling after it partially won an anti-SLAPP motion against Don Lemon's contract suit over a canceled deal.

Wednesday, October 15, 2025

Upstart financial technology firms are connecting outside financial advisers to employer-sponsored plans, allowing the advisers to take steps like rebalancing accounts on behalf of their clients.

Tuesday, October 14, 2025

Sacramento County Superior Court Judge Lauri A. Damrell dismissed a case brought by Indian gaming tribes against California cardrooms, ruling that Senate Bill 549--the state law granting tribes standing--was preempted by the federal Indian Gaming Regulatory Act. Attorneys for the tribes said they plan to appeal the decision.

Tuesday, October 14, 2025

Gov. Gavin Newsom signed SB 79, requiring cities in the state's largest urban counties to allow apartments within a half mile of major transit. The law could trigger legal challenges from cities over land-use control and CEQA.

Tuesday, October 14, 2025

The arrival of Sora, along with similar AI-powered video generators released by Meta and Google this year, has major implications. The tech could represent the end of visual fact -- the idea that video could serve as an objective record of reality -- as we know it.

Monday, October 13, 2025

Justice Martin J. Jenkins, who made history as the court's first openly gay member and served more than three decades on state and federal benches, announced Thursday he will retire at the end of the month.

Monday, October 13, 2025

Senior U.S. District Judge Lee H. Rosenthal signed off on the deal on Thursday, calling the settlement "fair, reasonable, and adequate" and saying it was "negotiated vigorously and at arm's length."

Monday, October 13, 2025

Oakland, long regarded as a scrappy, more affordable city across the bay from San Francisco, has struggled since the pandemic with crime, an enormous deficit and a civic embarrassment when its mayor was recalled and federally indicted. But the city's residents are especially frustrated with illegal dumping these days.

Thursday, October 30, 2025

Retired U.S. Supreme Court Justice Anthony Kennedy reflected on his Sacramento roots, his landmark rulings, and encounters with figures from Vladimir Putin to the plaintiff in Chadha during a McGeorge School of Law talk.

Wednesday, October 29, 2025

A San Francisco judge said she will approve a $65 million settlement resolving a class action accusing World Financial Group of misclassifying 380,000 sales agents and running a pyramid-style recruiting scheme.

Tuesday, October 28, 2025

Chief Justice Patricia Guerrero also bemoaned California's budget challenges and the ongoing shortage of judges, especially in San Bernardino and Riverside counties.

Monday, October 27, 2025

Several liberal judges issue sharp dissents as the appeals court lets stand a stay of a San Francisco judge's order stopping the use of federalized National Guard troops in Los Angeles.

Friday, October 24, 2025

A San Jose federal trial over Valeo's claims that Nvidia used stolen automotive software was postponed to January 2026 as both sides pursue settlement talks in November mediation.

Thursday, October 23, 2025

New rulemaking and direct oversight by John A. Squires could dismantle key provisions of the America Invents Act, critics warn.

Wednesday, October 22, 2025

A Los Angeles judge ordered Mark Zuckerberg, Adam Mosseri and Evan Spiegel to testify in bellwether trials over claims that Facebook, Instagram and Snapchat harm students' mental health and learning.

Tuesday, October 21, 2025

Federal courts in California enter "phase two" of shutdown operations Monday, furloughing staff and scaling back functions after funding expired, though judges will continue hearing cases under constitutional obligations.

Monday, October 20, 2025

Two California community energy agencies sued solar developer Origis USA, alleging a $200 million scheme to inflate project costs and exploit regulatory deadlines for profit on a Fresno County solar project.

Friday, October 17, 2025

Despite an aggressive legal defense led by former U.S. Labor Secretary Thomas Perez, the San Mateo County Board of Supervisors voted unanimously to oust Sheriff Christina Corpus--the county's first Latina and first female sheriff--after finding misconduct and abuse of authority. Her attorneys plan to appeal, calling the action unconstitutional and discriminatory.

Thursday, October 16, 2025

Instagram, which is owned by Meta, said it would begin limiting the content its teenage users can see, based on the PG-13 ratings system used by the film industry.

Wednesday, October 15, 2025

A divided 9th U.S. Circuit Court of Appeals refused to revisit a lower court order keeping federal funding flowing to lawyers who represent unaccompanied migrant children. The decision preserves a program the Trump administration tried to cut off, with sharp disagreement among the judges over whether the case involves protecting vulnerable minors or judicial overreach into executive spending.

Tuesday, October 14, 2025

A San Francisco judge partially overruled a demurrer that could shape the outcome of a high-stakes legal fight between Peter Thiel-backed venture fund Mithril Capital and its former managing director, James O'Neill. The dispute centers on allegations of data theft, fraud, and unpaid carried interest.

Monday, October 13, 2025

In a 5-2 decision, the court said judges may use a 2021 resentencing law signed by Gov. Gavin Newsom to reconsider life sentences if they apply Proposition 36's public safety standard.