Daily Recorder
Tuesday, November 28, 2023
GUEST COLUMNS

Friday, November 24, 2023

Wednesday, November 22, 2023

Tuesday, November 21, 2023

Monday, November 20, 2023

There are far too many cases in which the Contractor's State License Board has wrongly failed to suspend related licenses, instead letting the offenders unlawfully maintain related licenses while shirking their responsibility to pay judgments against them.
Qualified immunity only serves to deny our clients' Constitutional rights and there is good case law on our side in the 9th Circuit in most cases. When considering whether to take on a case or where it should be filed, it is important to research the key qualified immunity cases to show that the conduct of the police violates clearly established law, which is what is needed to defeat summary judgment and get your case to a jury.

Friday, November 17, 2023

The legal community has seen the emergence of a new law firm structure – virtual or distributed law firms – which allows lawyers to work from any location, set their own hours, billing rates and billing requirements, and provide a lean, non-bureaucratic administrative model.

Wednesday, November 15, 2023

Tuesday, November 14, 2023

Although The Hague Convention is not a topic we deal with every day, the core values of the Convention are topics that we deal with in nearly every child custody case.
At the heart of the dispute is plaintiff Lucian Filler's claim that he was fired in March 2021 after he "identified several areas of fiscal and administrative waste, fraud, and abuse, and reported his findings.

Monday, November 13, 2023

The death of a man who followed outdated Google Map directions poses the question of whether GPS technology should be considered a product or service for purposes of pursuing a strict liability theory.

Thursday, November 9, 2023

Tuesday, November 7, 2023

The heavy penalties for noncompliance have been labeled "extortion" by Pharma. They have also been called "turning up to a fight where only one side has a gun." But Medicare is a completely voluntary program and pharmaceutical companies are not forced to participate in it.

Monday, November 6, 2023

Voluntary cessation in No-Fly-List cases: Will the Supreme Court let a more lenient standard for the government fly?
The appeals court noted that the trial court did not have to find that the plaintiff's counsel's comments or behavior directly caused an increase in the defendant's costs or the plaintiff's requested fees. In the future, other courts may find themselves drawn to this larger "efficiency" theme.

Friday, November 3, 2023

Understanding the limitations on government employees' speech is essential to maintaining the integrity of government institutions, because government employees are often the best situated to identify government waste and corruption.
Opting for patents or trade secrets for your intellectual property come with distinct legal implications and protective scopes.
Why can't California build enough housing to meet its demand, even though the state's population is declining?
In June, the Little Hoover Commission suggested that California's short-lived pollutant reduction law, Senate Bill 1383, a first-of-its-kind legislation aimed at reducing organic waste in landfills, should be paused.

Thursday, November 2, 2023

In California, following Kuciemba v. Victory Woodworks, Inc., the law on "take-home COVID" has been settled: Employers are not liable when COVID-19 spreads from the workplace to their employees' households.
California may have good public policy arguments for banning the most commonly-owned types of rifles in the country, or all guns for that matter. But those interest-balancing arguments are simply not relevant in light of the Supreme Court's decisions in Heller, and more recently in Bruen.
In 1932, U.S. President Herbert Hoover established the federal Wickersham Commission to investigate law enforcement in the U.S. The commission decried California's criminal procedure as "shocking to one's sense of justice" and separately described the Mooney prosecution as based on deliberately concealed information and on perjured testimony.

Wednesday, November 1, 2023

The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.
At the top of employers' minds are bills that impact the validity of non-compete agreements (reaching beyond state lines), increase paid sick leave allotments and accrual caps, relate to employment restraining orders and workplace violence prevention plans, and raise minimum wages for health care workers, just to name a few.

Tuesday, October 31, 2023

Although Elster's constitutional challenge is only as-applied, the decision could impact applications to register names of any living individual.

Monday, October 30, 2023

These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increasing flexibility for licensed cultivators, increasing enforcement against unlicensed operators, and beginning to address the worker exploitation problem in the California cannabis industry.

NEWS

General News

Monday, November 27, 2023

San Diego County held a special election on Nov. 7 and the ballot included a measure to change Fallbrook and Rainbow's water provider. The measure passed with overwhelming support in both districts. But opponents say that the move by some for cheaper water means higher costs for others.
General News

Monday, November 27, 2023

While TikTok challenged Meishe's specific ability to prove injury in the U.S., the 5th Circuit's opinion written by Circuit Judge Jerry E. Smith noted, "The parties do not dispute at this point in the litigation that the Chinese copyrights are enforceable in the United States."
General News

Monday, November 27, 2023

Wildfires burning trees in remote areas is part of a natural process, say environmental groups who oppose replanting a forest with genetically diverse sequoia seeds.
General News

Friday, November 24, 2023

"The ruling is a watershed moment for sexual harassment and gender bias cases because it clarifies that the protections of the 2021 Ending Forced Arbitration Act do indeed encompass cases in which sexual overtures are not the focus," plaintiffs' attorney Genie Harrison's statement said.
General News

Friday, November 24, 2023

Jairo Tomas Santos began writing the fraudulent checks in March 2016, roughly 15 years after he was hired by the firm, according to a news release issued by U.S. Attorney Ismail J. Ramsey.
General News

Friday, November 24, 2023

The flurry of activity by federal prosecutors and regulators is designed to send a message to entities handling virtual currency, government officials said.
General News

Wednesday, November 22, 2023

Consumer attorneys feared concerns the Judicial Council, the California Defense Counsel and the California Employment Lawyers Association might have with SB 652, which changed the burden of proof for expert testimony on medical causation.
General News

Wednesday, November 22, 2023

The state Supreme Court's decision will go back to the 9th Circuit panel that asked the question and will decide Gantner's appeal.
General News

Wednesday, November 22, 2023

Ron Klain had been a partner at O'Melveny & Myers since April.
General News

Tuesday, November 21, 2023

SanDisk attorneys deny there is any malfunction that causes its storage drives to become unreadable by computers.
General News

Tuesday, November 21, 2023

"They really need to focus on the administration of the bar and discipline. Yet they persist in doing these other things. One can only guess why it's being done," said John P. Cotter, a Sacramento partner at Diepenbrock & Cotter LLP.
General News

Tuesday, November 21, 2023

One of the most significant aspects of the ruling was that it means schools are not subject to the Unruh Act's provisions allowing for treble damages.
General News

Monday, November 20, 2023

Peraton Corp. says Arent Fox got the company to sign a waiver allowing him to represent CACI International in a trade secrets case in Virginia in which Peraton is a defendant.
General News

Monday, November 20, 2023

The City College of San Francisco says the costs of moving the mural back should be paid by the museum, but the museum says it has already expended more than the loan contract called for.
General News

Monday, November 20, 2023

Joseph W. Cotchett, a partner with Cotchett, Pitre & McCarthy LLP who advises Biden on judicial nominees and other issues, praised the decision because it avoids delays.
General News

Friday, November 17, 2023

Based on an article in WeedWeek article, "plaintiffs filed the present suit, drawing the broad conclusion that all of defendant's Raw Garden Infused Joints products, spanning an unstated time period, were inaccurately labeled," the defense attorneys wrote.
General News

Friday, November 17, 2023

Design patent bar candidates would be required to take the current registration examination with modified scientific and technical requirements.
General News

Friday, November 17, 2023

While an attorney for the City of Sacramento argued the case should be decided by state courts, Jeffrey M. Jensen of the Boesch Law Group argued that Chief Judge Kimberly J. Mueller's rationale for denying a business license to Kenneth Gay and his company was riddled with errors.
General News

Thursday, November 16, 2023

X Corp. says the state law discriminates by "content and viewpoint." The state says companies should have "nothing to hide."
General News

Thursday, November 16, 2023

"If a city does not have the resources to address a constitutional problem, is that a defense?" U.S. District Judge William B. Shubb asked. The city's attorney said yes.
General News

Thursday, November 16, 2023

Attorneys with Hueston Hennigan LLP advised Green and Hawaii's attorney general on the initiative, and negotiated on the governor's behalf with Hawaiian Electric, Kamehameha Schools, and Maui County,
General News

Wednesday, November 15, 2023

Gregory M. Fox, who has defended local governments in police misconduct cases, said he worries that if they don't get on top of their costs for police misconduct payouts, they could face an insurance crisis.
General News

Wednesday, November 15, 2023

No Republicans voted for de Alba and U.S. Sen. Joe Manchin, D-WV, who has consistently supported President Joe Biden's other nominees, also voted against her.
General News

Wednesday, November 15, 2023

Apple denied any intentional discrimination in settling the case brought by the Department of Justice. It will pay $18.25 million in back pay to eligible plaintiffs and $6.75 million in civil penalties.
General News

Tuesday, November 14, 2023

AB 587, the state's content moderation law, "cannot withstand strict scrutiny, which requires that a law be 'narrowly tailored to serve compelling state interests,'" Joel Kurtzberg, a partner with Cahill Gordon & Reindel LLP, wrote on behalf of X Corp.
General News

Tuesday, November 14, 2023

U.S. District Judge David O. Carter enjoined the retailer from selling knockoff Vans shoes last year, which its attorneys argued would cost Walmart tens of millions of dollars in profits.
General News

Tuesday, November 14, 2023

The West Virginia senator, a Democrat, bucked his party to vote against cutting off debate on the nomination of U.S. District Judge Ana I. de Alba for a vacant seat on the 9th U.S. Circuit Court of Appeals.
General News

Monday, November 13, 2023

A 9th Circuit panel held 2-1 that California's proposed warning label for Roundup weedkiller was misleading.
General News

Monday, November 13, 2023

William James Reed was accused of misleading two families that were victims of the Zamora Fire by representing that they would not have to pay his fee in lawsuits against PG&E. He failed to disclose $400,000 in settlement money he received.
General News

Monday, November 13, 2023

Public Counsel head Monica Ramirez Almadani confirmed to seat on Central District
General News

Thursday, November 9, 2023

The plaintiffs argued that the Protection of Lawful Commerce in Arms Act does not absolve a gun manufacturer of liability for its illegal use.
General News

Thursday, November 9, 2023

Some legal experts believed, and gun rights groups feared, that the Supreme Court would use the case to scale back its Bruen decision, which has required judges to find historical analogues to current firearms statutes.
General News

Thursday, November 9, 2023

Chief U.S. District Judge Kimberly J. Mueller acknowledged the department has been held back by a shortage of mental health staff. The department could face millions of dollars in fines if it doesn't address its staffing problems.