Daily Recorder
Friday, March 21, 2025
GUEST COLUMNS

Thursday, March 20, 2025

The Shehyn v. Ventura County Pub. Works Agency allows property owners to pursue inverse condemnation claims against water agencies if they suffer disproportionate damage from water system risks, challenging the prior "invited water" defense.
Despite the contentious history of the joint employer rule during administrative transitions, the current regulation is unlikely to undergo significant changes in the near future.

Wednesday, March 19, 2025

The Trump administration aims to end nationwide injunctions, limiting court rulings to individual cases and weakening checks on unconstitutional actions.
Federal rollbacks under Trump clash with California's stricter environmental laws, fueling a legal battle over state vs. federal authority, with California pushing back to maintain higher standards.

Tuesday, March 18, 2025

The Trump administration aims to end nationwide injunctions, limiting court rulings to individual cases and weakening checks on unconstitutional actions.
Cleantech companies should leverage patents to secure ownership, protect innovation, and address potential barriers to market entry, ensuring they are prepared for investment or acquisition due diligence.

Monday, March 17, 2025

By abandoning its obligations to transgender workers, the Equal Employment Opportunity Commission undermines civil rights protections for everyone.
The growing ethical and privacy risks of AI chatbots, including their potential to manipulate emotions and behaviors, highlight the need for stronger legal protections to prevent misuse and ensure user safety.

Friday, March 14, 2025

Family law tips to protect separate property claims in complex assets cases for business managers and financial planners.
The entertainment industry in 2025 faces significant challenges, including declining streaming returns, theatrical film struggles, reduced California film production, evolving talent compensation models, and ongoing debates over Section 230 of the Communications Decency Act.

Thursday, March 13, 2025

Elon Musk's Department of Government Efficiency sparked chaos by capping NIH grant overhead at 15%, triggering lawsuits and a nationwide injunction to halt the drastic cuts.
Los Angeles may let architects and engineers self-certify building plans to speed up housing approvals, tackling delays worsened by wildfires and a housing crunch.

Wednesday, March 12, 2025

Mediation, much like cooking, requires a blend of instinct, preparation, patience, and creativity--balancing structure with flexibility to transform disparate ingredients or perspectives into a satisfying resolution.
NIL rights are transforming college golf by creating new opportunities for athletes, but legal hurdles around amateurism and visa restrictions for international players are limiting its full potential, urging the need for federal action.

Tuesday, March 11, 2025

In employment mediation involving financially strained employers, the focus often shifts from liability and damages to finding viable settlement options, with the success of the mediation depending on the transparency of the defendant's financial situation and the creative, candid approach of both parties.
As online platforms become essential for business development and communication, lawyers must navigate the ethical responsibility of maintaining client confidentiality in their digital commentary.

Monday, March 10, 2025

President Donald Trump wants foreign lands and resources, but post-WWII international law stands firmly in his way. Here's why his annexation dreams violate binding obligations.
A demand letter threatening litigation over the use of a website tracking pixel as a "pen register" highlights the evolving intersection of privacy laws, technology, and California's strict privacy regulations, where tracking without consent could result in significant legal liabilities, including fines and lawsuits.

Friday, March 7, 2025

Assuming your staffing agency alone bears the risk of ICE enforcement can be a costly mistake that leads to hefty fines, legal consequences, and reputational damage.
As the Trump administration weakens federal environmental protections, California's Environmental Quality Act remains a critical safeguard, ensuring public review, accountability, and environmental preservation in the face of growing threats to communities and ecosystems.

Thursday, March 6, 2025

The legal issue in Camacho v. JLG Industries Inc. is whether JLG should be liable for a construction worker's injuries due to a design defect (lack of a self-closing gate and toe board) and inadequate warnings, or if the worker's failure to latch the safety chain was the result of negligence.
Forms 1099 are key tax reminders, and errors can trigger IRS audits, making accuracy crucial; promptly correct mistakes to avoid complications.

Wednesday, March 5, 2025

As corporate giants dismantle DEI programs, the workplace braces for a legal storm of uncertainty.
A sincere apology can help parties move beyond entrenched positions, rebuild trust, and open communication channels, often leading to transformative outcomes.

Tuesday, March 4, 2025

The U.S. Supreme Court heard Ames v. Ohio Department of Youth Services to decide if a heightened pleading standard should apply in reverse discrimination cases, with the federal government urging a uniform standard for all plaintiffs to ensure fairness.
In 2024, Eli Lilly launched LillyDirect, a direct-to-consumer platform providing affordable access to various drugs, bypassing pharmacy benefit managers (PBMs) and raising concerns for employers about potential contract violations and the design of legal reimbursement programs.

Monday, March 3, 2025

Rebuilding Los Angeles by 2028 is a legal test, with disputes risking delays; swift mediation and coordinated legal action are crucial to meet the urgent need for recovery before the Olympics.
The January wildfires in Los Angeles County were a historic disaster, and NLSLA is providing critical legal aid to help vulnerable families navigate recovery and rebuild their lives.

Friday, February 28, 2025

Effective estate planning requires a clear understanding of community vs. separate property to avoid unintended transmutation, with strict requirements for valid transmutations and best practices to ensure clients' intentions are accurately reflected.
The NIH's 15% cap on indirect costs for research grants has sparked legal challenges, with states arguing it disrupts critical research, exceeds authority, and threatens public health advancements.

Thursday, February 27, 2025

The California Supreme Court's McGinnis ruling allowing damage reduction under the "avoidable consequences" doctrine for sexual harassment may extend to other FEHA claims, like age discrimination, where plaintiffs don't use available corrective measures.
US-flag vessels and marine facilities must follow new Coast Guard cybersecurity rules, including appointing a cybersecurity officer, creating security plans, and conducting regular training, with full compliance due by July 16, 2027.

Wednesday, February 26, 2025

The UK's push for Apple's encrypted data raises fears U.S. customers may face similar privacy breaches as governments and tech giants clash over security vs. privacy.
Board diversity initiatives are rapidly declining as institutional investors and stock exchanges roll back policies amidst legal challenges and shifting political landscapes.

Tuesday, February 25, 2025

The crash of American Eagle Flight 5342 and an Army Black Hawk over the Potomac River underscores the importance of pilot training, aircraft reliability, and communication, with the NTSB's thorough investigation set to determine causes and recommend safety changes, though it may take years to complete.
NIL compensation for college athletes complicates future economic damage claims in personal injury cases, as the speculative nature of NIL earnings and legal uncertainties make it hard to assess lost earning potential for injured youth athletes.

Monday, February 24, 2025

California's AB 2347 extends tenants' response time in unlawful detainer cases from 5 to 10 workdays, giving them more time to seek legal help, but critics warn it could delay evictions and increase costs for both sides.
In 1950, President Truman intervened to help Mayor Bill O'Dwyer avoid prosecution for corruption by appointing him Ambassador to Mexico, a move that reflected a cynical disregard for the rule of law in the face of scandal, drawing comparisons to modern political evasion tactics.

Chief Justice of California Patricia Guerrero (Photo courtesy of the Judicial Council of California)

NEWS

General News

Thursday, March 20, 2025

California Gov. Gavin Newsom filled court vacancies on the superior courts in Alameda, Los Angeles, Merced, Orange, San Bernardino, and San Francisco counties.
General News

Thursday, March 20, 2025

Los Angeles tenants who successfully challenged their mass eviction under the Ellis Act have asked the 2nd District Court of Appeal to dismiss their landlord's appeal, arguing that by collecting rent, he created new tenancies and rendered the appeal moot.
General News

Thursday, March 20, 2025

When Gov. Gavin Newsom two months ago proposed a $322 billion state budget for the 2025-26 fiscal year, he projected what was depicted as a "modest surplus" of $363 million.
General News

Wednesday, March 19, 2025

In a concurring opinion, Justice John L. Segal of the 2nd District Court of Appeal questioned why plaintiffs must prove a judgment in the underlying case would have been collectible, arguing the rule is legally and economically flawed.
General News

Wednesday, March 19, 2025

A federal judge refused Media Matters' request to block X Corp.'s lawsuits in Ireland and Singapore, deferring to a Texas court on the dispute. Media Matters argues X is engaging in "libel tourism" to silence criticism, while X claims the advocacy group's reporting damaged its advertiser relationships.
General News

Wednesday, March 19, 2025

New technology -- and its rapid adoption for remote work during COVID-19 -- continues to break down many barriers for people with disabilities
General News

Tuesday, March 18, 2025

Rain, snow, hail, dust, fire, tornadoes. A giant cross-country storm system last week led to one hazard after another, lashing California with an atmospheric river, fueling wildfires in Oklahoma and spawning tornadoes from Missouri to Alabama.
General News

Tuesday, March 18, 2025

Geron Corp. is accused of misleading shareholders about Rytelo's success, as stock dropped 32% after disappointing earnings, sparking claims of overstated growth and market challenges.
General News

Tuesday, March 18, 2025

Many criticized Kaplan Test Prep, which developed the test, for deviating from established content without proper notice. As legal challenges loom, committee officials struggle to address concerns while maintaining confidence in the exam's validity.
General News

Monday, March 17, 2025

Two Comerica Bank employees sue over hidden cameras in the restroom and vault, alleging uninvestigated sexual harassment, hostile work environment, and wrongful termination, causing severe emotional distress.
General News

Monday, March 17, 2025

At a Senate hearing, a key witness likened the potential costs to the aftermath of the 9/11 attacks, underscoring the magnitude of the crisis.
General News

Monday, March 17, 2025

President Donald Trump's threatened 25% tariffs on goods imported from Canada and Mexico would deal a major blow to the auto industry, whose supply chains extend across U.S. borders into both of those countries.
General News

Friday, March 14, 2025

The big, inspiring AI opportunity on the horizon, experts agree, lies in accelerating and transforming scientific discovery and development.
General News

Friday, March 14, 2025

The decision reinforces legal protections for public entities but comes amid conflicting rulings from other courts. The plaintiff's attorneys plan to appeal to the California Supreme Court.
General News

Friday, March 14, 2025

San Francisco Public Defender wins first Racial Justice Act motion in the county, reducing felonies to misdemeanors after judge finds implicit bias in police testimony, potentially paving the way for more motions.
General News

Thursday, March 13, 2025

A federal judge's order to cross-examine the acting director of the Office of Personnel Management over the firing of probationary employees has led the Trump administration to withdraw his declaration. With no witnesses at Thursday's hearing, the legal battle continues without testimony on both sides.
General News

Thursday, March 13, 2025

Ever since Democrats lost the White House to Donald Trump four months ago, California's governor has been retooling his political image, shifting from advocating left-leaning policies, such as single-payer health care, to supporting quasi-conservative causes, such as suppressing street crime and cleaning up homeless encampments.
General News

Thursday, March 13, 2025

U.S. District Judge Myong J. Joun temporarily restored teacher preparation funding after ruling against the Department of Education's termination of grants to California and seven other states. The judge ruled the U.S. Department of Education's explanation for the termination was insufficient and without legal grounding.
General News

Wednesday, March 12, 2025

A request from 19 Republican-led states sought to block climate-related complaints brought by California and four other states against major oil companies. The decision allows California's case to move forward in state court, where it seeks to hold oil firms accountable for misleading the public about climate change.
General News

Wednesday, March 12, 2025

Sonoma State student-athletes sue to void the university's abrupt cuts to NCAA Division II sports and academic programs, alleging unlawful process and hidden plans despite budget woes.
General News

Wednesday, March 12, 2025

With the spring homebuying season looming, shoppers have a new worry: A major federal consumer watchdog has been hobbled.
General News

Tuesday, March 11, 2025

San Francisco DA Brooke Jenkins' office disqualified Judge Michelle Tong from criminal hearings, citing bias concerns, prompting criticism over judicial independence and past rulings.
General News

Tuesday, March 11, 2025

Although some bills may not make it to the Governor's desk, they provide a snapshot of what lawmakers will be debating during this session.
General News

Tuesday, March 11, 2025

At a panel hosted by the Northern District of California chapter of the Federal Bar Association, federal judges and experienced litigators offered practical advice for dealing with hostile opposing counsel. Panelists emphasized the importance of documenting misconduct, maintaining professionalism, and understanding when to escalate issues to a judge.
General News

Tuesday, March 11, 2025

Dropbox argues plaintiffs in a class action over a 2024 data breach lack standing, claiming no sensitive data was accessed, despite hackers stealing user info.
General News

Monday, March 10, 2025

Amid mounting criticism, the California State Bar Board of Trustees is considering severing its contract with Meazure Learning, the company behind the disastrous February bar exam. With the California Supreme Court mandating an in-person exam in July, the board now faces logistical and financial hurdles in accommodating test takers.
General News

Monday, March 10, 2025

Jim McDonnell comes to the helm of the LAPD at a moment of uncertainty
General News

Monday, March 10, 2025

An attorney who said she was overwhelmed by lack of firm support, won a mistrial in a corruption case against Antioch police. The judge granted it, citing her inability to represent her client effectively.
General News

Friday, March 7, 2025

A plaintiff who claimed Apple stole her film for its "Servant" series argued the jury was awaiting an answer from the judge to a legal question when the panel went ahead and decided for the defense.
General News

Friday, March 7, 2025

Huffington Post faces a class action lawsuit alleging its trackers violate California privacy law by collecting user data without consent, spotlighting a growing trend of litigation using what some consider outdated statutes.
General News

Friday, March 7, 2025

Americans express very different views on tariffs depending upon how the question is asked, a challenge for pollsters trying to measure public support for a complex and poorly understood issue.
General News

Thursday, March 6, 2025

In a 5-4 decision, the U.S. Supreme Court ruled in favor of San Francisco, limiting the Environmental Protection Agency's ability to hold permit holders responsible when water quality falls below federal standards. The ruling, written by Justice Samuel A. Alito Jr., continues a trend of restricting EPA jurisdiction under the Clean Water Act. Justice Amy Coney Barrett, in a partial dissent, argued that the decision undermines the agency's regulatory authority.
General News

Thursday, March 6, 2025

This week is a personal milestone for Dan Walters, marking a half-century of writing about California's ever-changing political ambiance.
General News

Thursday, March 6, 2025

Uber drivers sue company, claiming passenger sexual assaults and inadequate safety measures. The lawsuit claims Uber knew of risks since 2014 but failed to act, despite marketing safety.
General News

Wednesday, March 5, 2025

With the government seemingly stepping back from regulatory duties, consumers may have to act as their own financial watchdogs.
General News

Wednesday, March 5, 2025

Technical failures prompt California State Bar officials to reconsider in-person format for next exam as law school leaders urge return to previous testing system.
General News

Wednesday, March 5, 2025

The newly formed entity, Bartko Pavia, creates a bicoastal presence with expanded international capabilities, particularly in corporate transactions and intellectual property law.
General News

Tuesday, March 4, 2025

We may be seeing the meltdown of one of California's highest ranking public officials, Los Angeles Mayor Karen Bass.
General News

Tuesday, March 4, 2025

U.S. District Judge Beth Freeman in San Jose declined to fully dismiss SVB Financial Group's $1.93 billion turnover suit against the FDIC, keeping alive claims over blocked bridge bank funds.
General News

Tuesday, March 4, 2025

No cause has yet been determined for the power plant fire in Monterey County in January, but a federal lawsuit has now been filed by two business owners, in addition to the complaint filed in superior court.
General News

Monday, March 3, 2025

A federal lawsuit accuses Apple of misleading consumers by touting its Apple Watch Series 9 as "carbon neutral" using dubious carbon credits.
General News

Monday, March 3, 2025

The report released Thursday also found growing law school enrollment and diversity even though the state saw 19 law schools close between 2013 and 2023.
General News

Monday, March 3, 2025

Threats by President Donald Trump to impose 25% tariffs on Canadian exports and to annex the country have set off cascades of fury.
General News

Thursday, March 20, 2025

Chief Justice Patricia Guerrero delivered a detailed State of the Judiciary speech Tuesday, addressing court funding cuts, the burden of Proposition 36, and the need to expand remote hearings. She also signaled increased Supreme Court oversight of the troubled February Bar Exam and issued a warning to federal immigration officials about courthouse enforcement.
General News

Wednesday, March 19, 2025

Two criminal defense attorneys have petitioned the 1st District Court of Appeal to halt San Francisco District Attorney Brooke Jenkins' practice of issuing blanket judicial challenges, arguing it undermines judicial independence and fair trials. The DA's office defends the practice as legal, but critics call it an abuse of power.
General News

Tuesday, March 18, 2025

A U.S. judge sentenced a repeat fentanyl dealer to nine years, criticizing San Francisco judges for failing to protect the public by repeatedly releasing him.
General News

Monday, March 17, 2025

The family of a man who died from an overdose in a Sacramento County jail after being left unattended for hours have agreed to a $3.5 million settlement.
General News

Friday, March 14, 2025

A 2019 California law that reopened the statute of limitations for childhood sexual assault survivors has led to massive lawsuits against public entities. Now, local governments--including Los Angeles County--are challenging the law, warning of financial disaster as settlements and verdicts pile up. The state Supreme Court and Legislature are weighing in on the high-stakes battle.
General News

Thursday, March 13, 2025

After a 67-day trial, Judge JoAnne McCracken criticized attorney Stephan Barber for false statements, awarding significant damages in a groundbreaking homeowners association negligence case.
General News

Monday, March 10, 2025

During a sometimes contentious hearing, Senior U.S. District Judge William Alsup warned that federal government officials must comply with court orders. The case pits labor unions against the U.S. Office of Personnel Management, with the Trump administration's policies on the mass termination of probationary employees under scrutiny.
General News

Friday, March 7, 2025

A San Diego judge has ruled that Orange County Superior Court Judge Ebrahim Baytieh was not truthful in a high-profile murder case, calling his conduct "reprehensible." Baytieh, who was fired as a prosecutor before being elected to the bench, may now be called as a witness in the defendant's retrial.
General News

Thursday, March 6, 2025

Despite contentions by independent animator Buck Woodall that the film's story was stolen from him, the director, John Musker, denied he or Disney knew of Woodall and his "Bucky the Surfer" works.
General News

Wednesday, March 5, 2025

Despite the appellate court's changing composition, some plaintiffs, including state attorneys general, continue to file cases in the 9th U.S. Circuit Court of Appeals, though other plaintiffs are looking elsewhere.
General News

Tuesday, March 4, 2025

In a legal twist to a decades-long debate over ranching at Point Reyes National Seashore, Marin County rancher Bill Niman and attorney Andrew Giacomini have filed lawsuits seeking to block a $40 million settlement that would phase out commercial ranching in the park. The deal, negotiated among environmental groups, ranchers, and the National Park Service, aims to protect public lands and expand wildlife access. Critics argue the agreement undermines Point Reyes' agricultural heritage and disregards ranch workers.
General News

Monday, March 3, 2025

Orange County Judge Jeffrey Ferguson's admission of drinking daily at work shocks legal experts. His cases face scrutiny, potentially triggering reviews, reversals, and challenges if prejudice is proven.