San Jose Post Record
Friday, June 13, 2025
GUEST COLUMNS

Thursday, June 12, 2025

The Supreme Court's decision eliminates extra burdens for majority-group plaintiffs, casting new doubt on California's Assembly Bill 7 and its reparative admissions policy.
Citing a rarely used statute and without the governor's request--President Donald Trump deployed 2,000 National Guard troops following ICE raids that sparked resistance, igniting a constitutional clash over presidential power, the limits of military enforcement and the meaning of "rebellion."

Wednesday, June 11, 2025

In the aftermath of devastating wildfires and mounting litigation, Los Angeles faces a critical need for accelerated legal resolution to protect its financial future and public interests--especially ahead of global events--raising the urgent question of who will lead the city forward.
Wildfire victims may be able to reduce, delay, or avoid paying taxes on insurance or settlement proceeds--especially if the fire is classified as a federally declared disaster, which unlocks key tax relief options like casualty loss deductions and Section 1033 deferrals.

Tuesday, June 10, 2025

After avoiding foreign business deals during his first term, President Trump and his family now appear to have embraced international dealmaking. It's time for the public to take notice.
Despite spending significant resources to support victims, district attorney offices often fail to address serious ethical risks--particularly under Rule 4.3--when prosecutors, without proper guidance or safeguards, inadvertently give legal advice to unrepresented victims whose interests may conflict with those of the prosecution.

Monday, June 9, 2025

A recent decision by the U.S. Court of International Trade held that President Trump exceeded his authority under the International Emergency Economic Powers Act by imposing sweeping tariffs, ruling the measures unconstitutional and enjoining their enforcement--setting the stage for ongoing appellate battles that could ultimately reach the Supreme Court.
The California Supreme Court in Escamilla v. Vannucci clarified that the one-year statute of limitations under Code of Civil Procedure § 340.6 applies only to claims by clients or intended beneficiaries against attorneys, while claims by non-clients--such as third-party malicious prosecution actions--are governed by the statute of limitations for the underlying cause of action.

Friday, June 6, 2025

The U.S. Supreme Court clarified that under the federal National Environmental Policy Act, agencies are not required to assess the environmental effects of separate, future, or geographically distinct projects beyond their control, thereby affirming agency discretion in defining the act's scope.
Dairy farming in California's Central Valley, long a cornerstone of the region's economy but also a source of serious environmental and public health challenges, now stands at a crossroads--where collaboration between traditional dairies and lab-grown milk innovators offers a promising path toward sustainability, economic resilience, and community well-being.

Thursday, June 5, 2025

The outcome of Consumer Watchdog v. Insurance Commissioner Lara will determine not only who bears the financial burden of the next catastrophic wildfire, but also how much influence Californians retain over the rules that shape their insurance market.
A little-noticed provision in the House's "One Big Beautiful Bill" threatens to strip federal courts of their contempt power for enforcing injunctions unless plaintiffs post security, marking an unprecedented erosion of judicial authority and a potential shield for the Trump Administration against legal accountability.

Wednesday, June 4, 2025

In response to the impending expiration of key Tax Cuts and Jobs Act provisions, the House has advanced a sweeping tax proposal that includes major changes to Opportunity Zones, pass-through deductions, SALT caps, R&D expensing, and estate tax exemptions--signaling a pivotal moment for tax planning ahead of 2026.
In Lee v. Cardiff, a homeowner recovered over $475,000 after a contractor violated licensing laws on a high-end pool and landscaping project, but was denied attorneys' fees when the court ruled that most of the claims didn't arise solely from swimming pool construction as required by statute.

Tuesday, June 3, 2025

The states: can they counter the Trump II attack on climate change law?
Amid a nostalgic reflection on legal heroes and cultural memory, Justice Arthur Gilbert honors the legacy of Justice Stanley Mosk, his impact on civil rights and judicial integrity, and celebrates the enduring influence of courageous individuals like Arthur Drye and Roger Diamond who stood up for justice, inclusion, and principle.

Monday, June 2, 2025

Though not without precedent, an immigration-based competition show would confront substantial regulatory and ethical barriers.
Large Los Angeles County retailers will be required to give workers 14 days' notice of their schedules starting July 1 under an ordinance approved by county supervisors.

Friday, May 30, 2025

California real estate law is a complex mix of statutes, local regulations, and historical nuances that can challenge even seasoned litigators, making a solid understanding of fundamental concepts--like zoning, title, partition, and disclosure--essential for effective case strategy and resolution.
Generative AI promises to revolutionize legal practice, but attorneys risk losing their essential human skills and judgment if they become too dependent on this powerful technology.

Thursday, May 29, 2025

A small county's revenue-boosting scheme, which involves administratively penalizing property owners for presumed unpermitted cannabis cultivation, raises constitutional concerns about due process and the right to a jury trial.

Wednesday, May 28, 2025

A recently filed class action complaint against SuperShuttle highlights the ongoing battle for wheelchair-accessible transportation services, despite this year marking the 35th anniversary of the ADA's passage.
Forward-thinking CEOs are increasingly turning to mediation as a strategic conflict resolution tool to reduce legal costs, protect corporate culture, manage risk, and preserve critical business relationships in today's complex and competitive environment.

Tuesday, May 27, 2025

A Conditional Use Permit lets you legally use land for specific purposes but comes with strict conditions and deadlines. Stay on top of your permit, follow its rules, and update it as your business grows--otherwise, you risk fines or losing your permit.
Manufacturers of Roundup face a wave of lawsuits over cancer claims, but plaintiffs could face unexpected tax consequences, especially with punitive damages, legal fees, and shifting tax laws potentially eating into their settlements.

Friday, May 23, 2025

The Court of Appeal's decision in Goebner v. Superior Court clarifies that objections in probate proceedings--including demurrers--are governed by Probate Code § 1043 rather than the 30-day deadline in the Code of Civil Procedure.
From evidence gathering to negotiation tactics, these tips could help reshape your approach to case resolution.

Thursday, May 22, 2025

Real estate's digital evolution promises incredible efficiency gains but requires advanced planning to successfully navigate cybersecurity risks.
In response to post-COVID workplace shifts, law firms--long familiar with remote work--are transforming their office spaces to support hybrid models, enhance collaboration, foster firm culture, and attract top talent through wellness, amenities, and technology.

Wednesday, May 21, 2025

The Trump administration's enforcement of the long-dormant Alien Registration Act of 1940 presents immigration attorneys with an ethical dilemma and their clients with an impossible choice.
Senate Bill 607 poses one of the most serious threats in decades to the California Environmental Quality Act, undermining a 50-year legacy of environmental protection and public participation, and endangering vulnerable communities by weakening critical environmental review and accountability.

Tuesday, May 20, 2025

As the Supreme Court weighs the procedural challenge to nationwide injunctions in Trump, et al. v. CASA, Inc., et al., the nation must remain focused on the original intent of the 14th Amendment--to guarantee full citizenship and equal protection under the law to all persons born on U.S. soil.
The Ninth Circuit's decision in Duarte upheld a lifetime gun ban for non-violent felons, clashing with Bruen's historical test and deepening a circuit split that now begs for Supreme Court review.

Monday, May 19, 2025

Aging on the bench is a complex and deeply personal journey, and while some judges remain sharp and effective well past traditional retirement age, the struggle to assess one's own decline, the fear of irrelevance, and the pull of legacy and identity make the decision to step down as difficult as it is inevitable.
As NIL rights continue to reshape college athletics, from high-profile transfer disputes like Nico Iamaleava's to antitrust litigation and revenue-sharing negotiations, sports lawyers are increasingly essential in navigating the legal and regulatory chaos.

Friday, May 16, 2025

Goebner confirms that in probate court, the deadline to file a demurrer is any time at or before the hearing, rather than within 30 days of service of the petition, as would be required in civil actions.
With sky-high beef prices and biotech prowess, California can pioneer a hybrid meat model--blending ranching and cultivated meat to cut emissions, boost resilience, and lead the global protein shift.

Thursday, May 15, 2025

California's well-intentioned AB 218 opened the door for long-overdue justice for survivors of childhood sexual assault, but its sweeping elimination of time limits on claims has left public schools and local governments vulnerable to massive liabilities, threatening their financial stability and essential services.
A federal judge recently condemned Apple's willful noncompliance with an injunction and referred the matter for criminal contempt: reminding the legal profession that candor isn't optional -- it's the job.

Wednesday, May 14, 2025

California law once allowed negligent parties to escape full accountability when injured victims died before trial--erasing their pain and suffering from the record--but unless lawmakers pass Senate Bill 29 to make recent reforms permanent, that unjust "death discount" will return in 2026.
Business Email Compromise (BEC) is a fast-moving, trust-based cyberattack that exploits human behavior - not technical flaws - to defraud organizations of billions, making it one of the most financially damaging threats in today's digital workplace.