Daily Recorder
Thursday, December 05, 2024
GUEST COLUMNS

Thursday, December 5, 2024

The power of eminent domain has historically had a disparate impact on Black Americans and other minority groups. However, the discussion surrounding reparations has been a divisive topic, and it remains unclear whether the government will compensate Black Californians.
The trial court allowed Suffolk to present a jury instruction based on Public Contract Code section 1104, which bars public entities from shifting responsibility for plan accuracy to bidders. However, the Court of Appeal found that the instruction was irrelevant to a claim for breach of implied warranty of the correctness of plans and specifications.

Wednesday, December 4, 2024

Outsourcing legal and business affairs work can reduce overhead expenses, making it a cost-effective option, especially for startups and small businesses.
The rise of AI has led to numerous copyright lawsuits, highlighting the need for creative problem-solving in this emerging field.

Tuesday, December 3, 2024

The Hamlin court ruled that intestate heirs have a concrete interest in the estate and can challenge a trust, interpreting Probate Code § 17200 to allow broader standing.
Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brief might have a better chance of winning.

Friday, November 29, 2024

Federalism allows states and the federal government to balance power and protect individual liberty, encouraging citizens to seek protection from one government when oppressed by the other.

Monday, November 25, 2024

With Trump's 2017 tax cuts set to expire in 2025, Congress faces pivotal decisions that could reshape America's entire tax landscape.
California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, including treble damages and attorney's fees, particularly in bad-faith cases. Mediation offers a practical, cost-effective way to resolve disputes early, avoiding the financial risks and uncertainties of protracted litigation.

Wednesday, November 20, 2024

Senate Bill 824 prohibits insurers from canceling or nonrenewing policies for properties in or near wildfire-affected areas for one year after a state of emergency is declared.
The California Supreme Court is weighing EpicentRx, Inc. v. Superior Court, a case that could let shareholders bring corporate misconduct claims before a California jury. A ruling for shareholders would challenge the enforceability of bylaws requiring such cases to be heard exclusively in Delaware's Court of Chancery, blocking corporate defendants from dismissing these cases in California courts.

Tuesday, November 19, 2024

An estimated 1 in 4 divorces now occur among couples over 50. The phenomenon of gray divorce represents a significant shift in how society views marriage, aging, and personal fulfillment.
Amid high living costs and talent retention issues, Governor Newsom's plan to incentivize local production could stabilize California's entertainment workforce and provide an economic boost following the 2023 SAG-AFTRA and WGA strikes.
As AI technology impacts the court reporting industry, the risks--ranging from bias to security concerns--highlight why human court reporters are still essential for delivering accurate, reliable, and trustworthy legal transcripts.

Monday, November 18, 2024

Hochman's "hard middle" platform may allow federal agencies and prosecutors in the region to focus on broader, more complex matters, potentially incentivizing the U.S. Attorney's Office to increase its focus on major cases and corporate wrongdoing, including financial crimes and those impacting America's financial systems.
The Corporate Transparency Act went into effect on Jan. 1, 2024, requiring nonexempt entities to file a Beneficial Owner Information Report with FinCEN. Entities have until Jan. 1, 2025, to file--unless exempt. As of now, about 27 million of the 32 million required entities have yet to file.

Thursday, November 14, 2024

In 2024, California's legislature passed key AI bills focused on ethical concerns and digital content misuse, while Gov. Newsom vetoed a broader measure, signaling the state's cautious approach to AI regulation and its future impact.
Orrick, Herrington & Sutcliffe LLP settles $8 million data breach class action, offering compensation and free identity theft protection to victims while enhancing cybersecurity practices.

Wednesday, November 13, 2024

Courts should not attribute the combative nature of litigation to a chronic mental disease requiring lawyers to be mentally evaluated. They instead should focus on whether attorneys are acting within the bounds of the law and being zealous advocates for their clients.
Collecting a judgment can be difficult, as it requires turning a legal ruling into actual payment. The Enforcement of Judgment Act, outlined in Code of Civil Procedure §§680.010 - 724.060, offers different methods for collection, including the sale of real property, but the process can be intricate.

Tuesday, November 12, 2024

The 2024 California legislative session introduced significant changes to cannabis and hemp laws, including research facilitation, advertising restrictions, tax clarifications, and more.
The case of GRFCO, Inc. v. Superior Court highlights the importance of compliance with the apprenticeship requirements on state and local public works projects in California.

Monday, November 11, 2024

Military service imparts valuable skills and qualities that are highly beneficial in the legal profession, such as discipline, commitment, and strong interpersonal skills.
Litigation finance is a legitimate way for lawyers and plaintiffs to receive nonrecourse cash, but it's important to consider taxes when striking a deal or later when filing tax returns.
California's landmark $20 minimum wage for fast food workers is reshaping the industry, but questions about its long-term impact on wages, turnover, and the role of the Fast Food Council remain.

Friday, November 8, 2024

The gatekeeper role, found across mythologies worldwide, is akin to the task trial courts face when screening expert testimony. California cases like Sargon and Tidd highlight the court's duty to ensure that only well-founded, scientifically reliable expert opinions reach the trier of fact, guarding against testimony based on conjecture or insufficient foundation.
Decisions by the FTC and California may open new avenues for challenging any advertising claims, with potentially multi-million-dollar business-ending implications for any company selling products on an autorenewal, continuous service, or negative option basis.

Wednesday, November 6, 2024

California's latest film and television tax credit proposal aims to boost production, but can it compete with other states and international markets?
Approximately 3.5 million used cars sold in California in 2024 will no longer be eligible for the refund-or-replace remedy, significantly affecting consumer protections. However, used car buyers can still pursue claims against dealers and distributors.
Exploring the probate implications of Shakespeare's "King Lear," drawing parallels with a real historical case and examining modern-day estate mediation.
File photos
Freshman Assembly Member Maggy Krell, D-Sacramento

NEWS

General News

Thursday, December 5, 2024

If granted, the injunction would prevent OpenAI and its CEO, Sam Altman, from requiring investors to hold off on funding competing artificial intelligence companies such as xAI, Musk's AI startup company.
General News

Thursday, December 5, 2024

The bill would give President-elect Donald Trump 22 new district judgeships to fill during his upcoming term, including seven in California. The remaining judges would be added in 2029, 2031, 2033 and 2035.
General News

Wednesday, December 4, 2024

The technology company is accused of suppressing employee speech and making them sign away their right to privacy in a new lawsuit.
General News

Tuesday, December 3, 2024

C.D. "Chuck" Michel, a senior partner with Michel & Associates PC, wrote Wednesday in a writ of certiorari for a gun show promoter that the 9th Circuit-approved state bans are unconstitutional.
General News

Tuesday, December 3, 2024

JCCP proceedings can be switched to different courts without explanation, some attorneys say, while the Judicial Council says the process and reasons are clearly spelled out.
General News

Monday, December 2, 2024

The California recipients will use the grants to enhance their technological capabilities and improve service delivery to low-income residents requiring legal assistance.
General News

Monday, December 2, 2024

Most California counties faced a Dec. 1 deadline to roll out their programs. In recent days, superior courts in Alameda, Butte, El Dorado, Napa and Nevada have also announced they would begin accepting referrals.
General News

Friday, November 29, 2024

The response seeks dismissal of a lawsuit the Pac-12 filed in the Northern District of California arguing that a penalty against it for "poaching" five Mountain West football schools violates the Sherman Act and state laws.
General News

Tuesday, November 26, 2024

Lorik Papyan admitted obtaining HIV medications from patients in the Los Angeles area and repackaging them with over-the-counter analgesics, candy and other substances.
General News

Tuesday, November 26, 2024

A jury in San Francisco found that cancer test maker Natera made false and misleading claims about rival Guardant's product.
General News

Monday, November 25, 2024

The one-sentence opinion was unsigned and quickly followed oral arguments in the case on Nov. 6, in which justices voiced skepticism of arguments that the shareholders' claims should be dismissed.
General News

Monday, November 25, 2024

Civil, family law, probate and Mental Health-LPS cases will eventually be required to utilize eService as well, with full implementation slated for mid-2025.
General News

Wednesday, November 20, 2024

All the publicly posted comments from judges said the opinion's cautions - particularly suggestions that judges have others defend them in such situations - will discourage judges from taking advantage of the amendment to Canon 3B (9).
General News

Wednesday, November 20, 2024

Some prominent judges -- including the late U.S. Supreme Court Justice William J. Brenna Jr. --and law professors have tried for decades to draw attention to the issue. The message may finally be getting through.
General News

Wednesday, November 20, 2024

The nominees who advanced were Los Angeles County Superior Court Judge Anne Hwang and State Bar Court Judge Cynthia Valenzuela Dixon for the Central District; and Alameda County Superior Court Judge Noel Wise for the Northern District.
General News

Tuesday, November 19, 2024

The lawsuit claims that the Redwood City based school district has a long history of "tolerating casual antisemitism" on its four campuses, which escalated after last year's Hamas terror attack on Israel.
General News

Tuesday, November 19, 2024

The ACLU pointed to statements made by Trump adviser Stephen Miller as evidence that ICE is likely to ramp up its air operations during the next administration.
General News

Tuesday, November 19, 2024

The ruling could have significant implications in other collections cases in which defendants are not properly served.
General News

Monday, November 18, 2024

Five environmental organizations accused the pesticide regulation department and its directors of purposely failing to adequately regulate treated seeds, crop seeds that are covered in a mixture of pesticides before planting.
General News

Monday, November 18, 2024

Kathi Vidal, formerly Winston & Strawn's managing director, will be replaced by the office's deputy director from mid-December.
General News

Thursday, December 5, 2024

Other proposed legislation includes a measure to protect tribal judges from violence, bills targeting social media companies and aiming to spur housing construction, and efforts to speed up hearings for CARE Court, a key part of Gov. Gavin Newsom's plan to address homelessness in California.
General News

Wednesday, December 4, 2024

Assistant Federal Public Defender Sonam A.H. Henderson challenged the conviction on the grounds that the "felon-in-possession" law does not prevent nonviolent felons from keeping and bearing arms under the U.S. Supreme Court's "history and tradition" Second Amendment test.
General News

Friday, November 29, 2024

Lawsuits are rare under California's 2019 CROWN Act, which bans discrimination against Black employees for wearing "natural" or "Afro" hairstyles.
General News

Tuesday, November 26, 2024

Attorneys for man in Sonoma County say their client suffered serious complications after assuming the affected carrots.
General News

Monday, November 25, 2024

A trade secrets complaint accuses the executives of taking the business to their new employer, BMO Wealth Management.