San Jose Post Record
Saturday, November 08, 2025
GUEST COLUMNS

Friday, November 7, 2025

Unlike the dot-com era, when women were largely sidelined, the AI boom offers a historic opportunity for women to lead by leveraging their judgment, communication, empathy and collaborative skills across industries.
California joins other states where partisan gerrymandering skews representation, disenfranchises voters and fuels political polarization and gridlock.

Thursday, November 6, 2025

UC San Diego's gutting of a scholarship once intended for Black students is just the beginning of a broader, deafening effort to further marginalize those already up against the odds.
In California, employers facing employee embezzlement can often recover stolen funds by acting quickly with discreet investigations, civil remedies like temporary restraining orders or writs of attachment, and, when appropriate, reporting the theft to law enforcement to preserve assets and pursue restitution.

Wednesday, November 5, 2025

Medical debt is a leading cause of consumer bankruptcy in the U.S., and attorneys play a critical role in guiding clients through Chapter 7 or Chapter 13 filings, evaluating timing, exemptions, and alternative remedies, while also considering recent protections such as California's SB 1061.
The disruptive potential of deepfakes in family law highlights the urgent need for legal and technological solutions to safeguard the integrity of evidence and uphold the principles of justice and fairness in custody disputes.

Tuesday, November 4, 2025

The rise of generative AI challenges traditional intellectual property laws by raising unresolved questions about who owns AI-generated content -- the developer, the user or no one -- forcing legal systems to adapt while grappling with fundamental questions about creativity, ownership and responsibility.
The SEC now allows mandatory arbitration in IPOs, reshaping litigation risk for public issuers, raising governance and insurance questions, and making expert, well-structured arbitration crucial for fair, efficient resolution of securities disputes.

Monday, November 3, 2025

As autonomous vehicle technologies advance--with investments growing 800% annually and market potential projected at $400 billion by 2035--the shifting landscape of manufacturer liability, insurance coverage, and evolving tort principles is creating a new era of complex commercial litigation and regulatory risk for the driverless ecosystem.
When clients don't pay, lawyers have options -- but ethical rules strictly limit how far they can go, what they can disclose and how they work with collection agencies.

Friday, October 31, 2025

Whether it's an unearned bonus or pay returned for other reasons, such as legal violations, you can often recoup the taxes -- though with the IRS, timing and details matter.
California's paid sick leave has evolved from three days for illness in 2015 to five days covering crime victimization, court appearances, domestic violence and bereavement, with more expansions coming in 2026.

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.

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