San Jose Post Record
Thursday, April 24, 2025
GUEST COLUMNS

Wednesday, April 23, 2025

Amid rising political scrutiny and legal uncertainty, California nonprofits must navigate shifting rules and rising risks around 501(c)(3) and (4) advocacy to protect their tax-exempt status and public trust.
Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions, but complexities in the tax code, such as the treatment of settlements and the IRS's evolving interpretations, make it crucial for taxpayers to carefully navigate insurance recoveries to avoid unintended tax liabilities.

Tuesday, April 22, 2025

Letitia James, the New York AG who vowed to "get Trump," is now facing a potential federal criminal probe after the FHFA accused her of falsifying mortgage documents to get better loan terms--allegations strikingly similar to those she used to win a $464M civil case against Trump.
The illegal deportation and continued imprisonment of Kilmar Abrego GarcĂ­a--despite court orders and government admissions of error -has laid bare a full-blown constitutional crisis, as a defiant executive branch ignores the rule of law, punishes truth-tellers, and openly wages war on judicial authority.

Monday, April 21, 2025

As professional salaries in women's sports remain underwhelming, female college athletes are uniquely positioned to maximize their earnings through NIL deals -- making strategic planning and legal guidance essential for sustaining long-term financial success.
The El Salvador deportations highlight how the Trump Administration may have manufactured foreign entanglements to bypass domestic due process requirements for accused individuals.

Friday, April 18, 2025

In Capito v. San Jose Healthcare, the California Supreme Court addressed the scope of "unfair" business practices under section 17200, ruling that hospitals don't need to disclose emergency service fees beyond what is required by existing regulations, while suggesting that "unfairness" in consumer cases may be limited by the Cel-Tech "safe harbor" rule.
Laws have largely failed to prevent AI generated impersonations and technology companies aren't helping.

Thursday, April 17, 2025

President Trump's repeal of a 2024 rule halts mandatory crypto transaction reporting to the IRS, but crypto remains taxable as property, requiring accurate reporting of gains, losses, and income to avoid penalties.
In the aftermath of Los Angeles wildfires, policyholders must navigate complex insurance challenges to secure fair compensation and rebuild their lives - here's what you need to know.

Wednesday, April 16, 2025

A settlement may feel like the end of conflict, but without careful planning, enforcement mechanisms, and foresight, it can quickly unravel into renewed hostilities and litigation.
By providing junior associates with hands-on trial experience and meaningful roles in high-stakes business disputes, firms can foster growth, build successful teams, and achieve impactful results, as demonstrated by a recent case that resulted in a $28.5 million jury verdict.

Tuesday, April 15, 2025

As design patents grow in popularity due to their cost-effectiveness and strong remedies, recent court rulings have sharpened the focus on how clearly patent drawings must define an invention, setting new boundaries for what constitutes indefiniteness in design patent law.
As California pursues its 2045 clean electricity goal, local agencies and utilities are navigating legal, technological, and policy challenges to balance grid reliability and decarbonization.

Monday, April 14, 2025

Effective payor-provider mediations require meticulous preparation, including detailed claims spreadsheets, expert input, and clear communication, with careful attention to approaches for claim grouping and productive participation.
Children sexually abused in foster care face barriers to justice when the law shields social workers under discretionary immunity without examining if meaningful discretion was actually exercised.

Friday, April 11, 2025

While technology offers efficiency, in-person interactions are crucial for building trust and resolving emotionally charged disputes, particularly in cases involving deeper personal stakes.
AI tools like ChatGPT are revolutionizing legal work by enhancing efficiency, streamlining workflows, and improving client communication, allowing lawyers to focus on higher-level tasks while maintaining ethical standards and accuracy in their practice.

Thursday, April 10, 2025

In L & S Framing Inc. v. California Occupational Safety and Health Appeals Board, the Court of Appeal upheld the agency's interpretation of its regulations, emphasizing that administrative agencies' interpretations of their own rules are entitled to significant deference, even when contested by strong arguments from the opposing party.
President Trump's recent executive order imposing universal tariffs of 10%, with higher rates for certain trading partners, raises significant legal and economic concerns, particularly over its questionable constitutional authority, its potential to harm American consumers, and its broader impact on global trade relations.

Wednesday, April 9, 2025

A recent court ruling raises new questions about the scope of liability for owners and contractors when subcontractor employees are involved in incidents away from the construction site.
Governor Newsom's efforts to shield California companies from foreign retaliatory tariffs by working directly with foreign governments could violate the Logan Act.

Tuesday, April 8, 2025

Trump's use of the Alien Enemies Act to deport members of Tren de Aragua without due process is an overreach of executive power, undermining constitutional rights and facing significant legal challenges.
The collision between the ancient practice of legal reasoning and AI algorithms that can simulate it with uncanny precision - but without understanding what the law fundamentally is - raises profound questions about the future of justice itself.

Monday, April 7, 2025

As the interstate abortion legal battle intensifies, a legal expert examines potential scenarios Louisiana might pursue after New York's refusal to extradite a doctor - raising questions about federal power, state sovereignty, and the constitutional limits of enforcing abortion laws across state lines.
The devastating January 2025 wildfires in Los Angeles have intensified an already severe construction labor shortage, delaying rebuilding efforts, driving up costs, and creating legal challenges that require careful planning, contract protections, and compliance oversight to navigate successfully.

Friday, April 4, 2025

The use of AI in judicial decision-making raises concerns about transparency, ethical reasoning, and the potential erosion of judicial legitimacy
College sports are changing fast with NIL compensation and Title IX compliance in flux. Schools must navigate shifting federal guidance, including presidential transitions, and ensure equity in funding allocation to avoid legal risks.

Thursday, April 3, 2025

AI's role in authorship raises questions about ownership and copyright protection in both Europe and the U.S.
Successful mediation in intellectual property cases requires IP practitioners to complete five critical tasks: creating a candid list of best and worst facts, sharing these with the client, anticipating tough questions from the mediator, conducting a realistic settlement value analysis, and preparing to listen, learn, and negotiate.

Wednesday, April 2, 2025

Rancho Palos Verdes homeowners installing propane tanks in a landslide zone designated as a Very High Fire Severity Zone may face strict liability under the ultrahazardous activity standard, given the significant fire risk, potential for catastrophic harm, and the inappropriateness of propane storage in such a hazardous location.
The Federal Appeals Court decision marks a pivotal moment in secular recognition of religious arbitration.

Tuesday, April 1, 2025

The CSLB is tightening enforcement with new laws on "paper" subcontractors, extended criminal statute of limitations, and stricter supervision requirements, making compliance crucial to avoid penalties like license suspension, fines, and criminal charges.
Recent court rulings and proposed bill SB690 are pushing back against CIPA lawsuits targeting website technologies, like IP address collection, potentially reducing future cases.

Monday, March 31, 2025

In City and County of San Francisco v. U.S. Environmental Protection Agency (2025), the U.S. Supreme Court struck down generic receiving water limitations in Clean Water Act permits, potentially reducing liability for public agencies but raising concerns about future water quality enforcement.
California's 2024 PAGA amendments expand employers' ability to cure Labor Code violations but create a complicated early evaluation conference process that may prove more costly than resolving claims through private mediation.

Friday, March 28, 2025

Amid tariff uncertainty and market chaos, thoughtless 'copy and paste' M&A approaches will prove problematic as standard contract terms take on non-ordinary meanings.
Despite California's mandated implicit bias training, little progress has been made in addressing systemic discrimination affecting women and marginalized groups in our courtrooms.

Thursday, March 27, 2025

The Rhode Island case SCLS Realty v. Town of Johnston brings the issue of "pretext" back into the spotlight, as property owners challenge the Town's use of eminent domain to block affordable housing development.
California and Florida's differing responses to the insurance crisis show how crucial oversight and transparency are for protecting policyholders and market stability, as highlighted by a recent Florida investigation.

Wednesday, March 26, 2025

California's new Senate Bill 940, effective January 1, 2025, expands discovery rights in arbitration, aligning them with California court procedures, but raises significant legal questions about its scope, conflicts with federal law, and the burden on arbitrators to manage increased discovery requests.
The EU's Carbon Border Adjustment Mechanism (CBAM), starting in 2023, targets carbon-heavy imports like steel and cement, presenting both challenges and opportunities for California exporters as they navigate evolving climate rules and trade tensions.

Tuesday, March 25, 2025

Trump's executive orders targeting law firms threaten the legal profession, stifle political opposition, and limit rights enforcement - plaintiff lawyers are ready to fight for what Big Law won't.
Expanding the concept of diversity beyond race to include other important factors can continue to build diverse and inclusive teams in the workplace while complying with legal standards.

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