Daily Recorder
Wednesday, February 12, 2025
GUEST COLUMNS

Wednesday, February 12, 2025

Employers in California often struggle with determining salaried exempt status for employees, as it involves both a "salary test" based on the minimum wage and a "duties test" requiring more than 50% of an employee's time be spent on higher-level tasks.
A recent California Court of Appeal ruling in Gharibian v. Wawanesa narrows the definition of "direct physical loss," potentially leaving homeowners affected by wildfire without proper insurance coverage for smoke, ash, and debris damage, exacerbating an already difficult situation for wildfire victims.

Tuesday, February 11, 2025

The U.S. and China, despite their fierce competition in AI, have opportunities to collaborate, leveraging each other's strengths in innovation and application to foster mutual growth and benefit global development.
California's Bulletin 2024-14 clarifies Proposition 103, outlining insurers' duties on lowest premiums, rate filings, credit card fees, wildfire mitigation discounts, and group insurance plan rules.

Monday, February 10, 2025

Think you're safe from IRS audits after three years? Think again - a single missing form or signature could give tax collectors more time to dig through your returns.
In California divorces involving minor children, courts require parents to address health insurance coverage, ensuring continuity of care through employer-sponsored plans, COBRA, Covered California, or Medi-Cal, while also establishing cost-sharing arrangements and procedures for medical expenses.

Friday, February 7, 2025

Lawyers are among the professions most vulnerable to alcoholism and mental health issues, with one in five lawyers having an alcohol problem and high rates of depression, anxiety, and suicidal thoughts.
A voter ID requirement in California is unlikely to come from the legislature but could be decided by voters through a ballot initiative.

Thursday, February 6, 2025

U.S. District Judge Clay D. Land dismissed the National Ranger Memorial Foundation's lawsuit, stating that Congress has the authority to decide whether Colonel John Singleton Mosby should be memorialized and that the Department of Defense properly implemented the decision.

Wednesday, February 5, 2025

California's fast-food industry faces significant pushback against Assembly Bill 1228, which raised the minimum wage to $20 per hour for workers, as local restaurant owners cite increased operational costs, reduced profitability, and community impact.
Analyzing Gov. Newsom's Executive Order N-7-25: Protecting fire victims or overstepping boundaries?

Tuesday, February 4, 2025

The Corporate Transparency Act (CTA) requires companies to file ownership reports, but ongoing lawsuits and conflicting rulings have left businesses in limbo, unsure of when or how to comply.
Childhood sexual abuse survivors face significant non-economic damages, including emotional distress and sexual dysfunction, but best practices avoid claiming sexual damages to protect privacy and prevent violating CCP 2017.220, which shields sexual history from discovery.

Monday, February 3, 2025

California's 2nd District Court of Appeal delivers a blow to "headless" PAGA actions in Leeper v. Shipt Inc. while carefully distinguishing--but not disturbing-- a key holding in Balderas.
New York Times v. Sullivan protects free speech by requiring public figures to prove "actual malice" in defamation cases--essential for democracy, though critics now challenge its relevance in the digital age.

Friday, January 31, 2025

In the wake of the Los Angeles fires, California's price-gouging protections are making property owners think twice about offering rentals, even as displaced residents desperately search for housing.
Ending birthright citizenship could leave people without legal protections, disrupt immigration policy, and cut federal funding to states, impacting services for residents.

Thursday, January 30, 2025

Two COVID-era cases from Michigan challenge the Supreme Court's murky standards for when government regulations amount to property takings.
Just as the DOI's Sustainable Insurance Strategy launches, unprecedented wildfire losses threaten to trigger FAIR Plan assessments that could spur more insurers to flee California.

Wednesday, January 29, 2025

Los Angeles wildfires have destroyed thousands of homes, giving residents the option to rebuild or relocate using insurance funds, but affordability, rising costs, and emotional strain make the decision difficult.
Observations and lessons at the one-year anniversary of the rules' implementation.

Tuesday, January 28, 2025

The implementation of Section 10D clawback rules has begun to reshape executive compensation policies, as companies navigate disclosure requirements, recovery analyses, and the broader implications for risk management and governance.
New SEC rules require companies to adopt clawback policies for executive compensation, but many firms are going beyond the mandates, implementing discretionary policies to address broader risks, align with shareholder expectations, and deter misconduct while navigating evolving regulatory and investor pressures.

Monday, January 27, 2025

Navigating the tax implications of insurance proceeds after a wildfire can be complex, but there are mechanisms in place--like exclusions, deductions, and deferrals--that can help minimize the tax burden for homeowners, especially when considering future lawsuit recoveries and the new federal tax law.

Friday, January 24, 2025

In a year that reshaped California trust and estate law, five pivotal cases from 2024 delivered significant changes with far-reaching implications for practitioners and clients alike.
Recent class action lawsuits targeting chocolate products revive questions about the use of embedded Proposition 65 allegations.

Thursday, January 23, 2025

California's new "Worker Freedom from Employer Intimidation Act," SB 399, banning mandatory workplace meetings on political, religious, or union matters, faces a constitutional challenge from business groups, sparking a legal battle that could redefine workplace speech and labor law boundaries.
In response to the California State Bar's guidance on the ethical use of Generative AI in legal pleadings, a California attorney was sanctioned $2,500 for submitting a motion that included fabricated case citations and quotations, highlighting the importance of verifying AI-generated content and ensuring compliance with Rule 11.

Wednesday, January 22, 2025

Despite efforts by Attorney General Rob Bonta and Secretary of State Shirley Weber to overturn Huntington Beach's voter identification law, the city may prevail due to its authority as a charter city to manage its own elections.
When representing a client while accepting payment from a third party, CRPC Rule 1.8.6 requires informed written consent, preservation of confidentiality, and unwavering commitment to the client's best interests to avoid ethical pitfalls and ensure compliance.

Tuesday, January 21, 2025

Before Jan. 7, Southern California's idyllic neighborhoods were beloved for their beauty and charm, but the recent wildfires have turned these once serene landscapes into hellscapes, leaving behind ashes and memories.
The Los Angeles wildfires mark the first large-scale test of recently enacted California insurance regulations designed to protect homeowners, expedite claims, and ensure fair treatment for wildfire victims during recovery efforts.

Friday, January 17, 2025

In the aftermath of recent fires, disaster victims face a flood of lawyer advertisements and events, highlighting both the vital role attorneys play in pursuing justice and the need for ethical, transparent, and well-resourced legal representation to truly prioritize victims' interests.
Jimmy Carter's legacy blends groundbreaking humanitarian efforts, like the Camp David Accords, with controversial positions on Israel, creating complex impact.

Thursday, January 16, 2025

The IRS and California FTB have extended tax deadlines and Section 1031 exchange periods to October 15, 2025, providing relief to Los Angeles County residents and businesses impacted by devastating wildfires.
Aerial firefighting, combining air tankers, helicopters, and tactical aircraft, is a critical yet dangerous endeavor often disrupted by illegal drone activity, which jeopardizes firefighting efforts, endangers lives, and underscores the importance of strict adherence to FAA regulations.

Wednesday, January 15, 2025

In the wake of the Southern California wildfires, property owners filing insurance claims should know California laws offer expanded coverage options, including combined dwelling/structure limits, relaxed personal property documentation, extended loss-of-use benefits, and protection against policy cancellations, with state and federal aid available for those uninsured or underinsured.
With financial fraud on the rise, consumers and legislators are expecting more from banks.

Tuesday, January 14, 2025

The U.S. Supreme Court heard L.W. v. Skrmetti on Dec. 4, challenging Tennessee's ban on gender-affirming hormone therapy for minors, part of a broader wave of anti-transgender laws since 2021 aiming to restrict trans rights.
In the recent cases of Shayan and Saraye, California courts addressed the application of laches and statute of limitations in family law, clarifying that while money judgments for attorney fees are enforceable without renewal, laches may apply to child support reimbursements if pursued too late.

Monday, January 13, 2025

In 2024, the California Supreme Court clarified key insurance law issues, rejecting COVID-19 property damage claims, addressing continuous injury coverage, and reinforcing rules on ambiguity and policyholder expectations.
California's wildfires highlight the need for proactive land use planning to mitigate wildfire risks through safety elements in local General Plans and CEQA analysis, while also requiring compassionate, adaptive short-term responses to rebuild communities and address constituents' needs.

Elon Musk arrives at the inauguration of President Donald Trump in the Rotunda of the Capitol in Washington, Jan. 20. (New York Times News Service)

NEWS

General News

Wednesday, February 12, 2025

America has seen this movie before: President Donald Trump, who imposed stiff tariffs Monday on imported steel and aluminum, did so once before, in 2018.
General News

Wednesday, February 12, 2025

Paul and William Dietrich, Solano County landowners, insist they never conspired to inflate prices and accuse Flannery Associates of using litigation as leverage to force a sale. Flannery, backed by tech billionaires, has spent over $800 million acquiring land to build a planned city but faces legal and political hurdles.
General News

Wednesday, February 12, 2025

The ruling follows a U.S. Supreme Court decision that found plaintiffs must prove they purchased shares traceable to the allegedly misleading registration statement. The decision is a major win for direct listings, a growing alternative to traditional IPOs.
General News

Tuesday, February 11, 2025

Credit card debt is weighing on many Americans.
General News

Tuesday, February 11, 2025

San Francisco and Santa Clara County sue President Trump over an executive order targeting sanctuary cities, alleging federal coercion and unconstitutional commandeering of local law enforcement, with potential loss of billions in funding.
General News

Tuesday, February 11, 2025

A judge dismissed personal trademark claims against OpenAI's CEO and president but allowed the lawsuit against the company to move forward in a dispute with tech entrepreneur Guy Ravine over AI naming rights.
General News

Monday, February 10, 2025

A California walnut farmer and a German investment group compete for lead plaintiff in a Super Micro class action, raising questions about investment patterns and plaintiff suitability.
General News

Monday, February 10, 2025

President Donald Trump denounced California's bullet train for the project's delays and rising costs on Tuesday, and said his administration would investigate how billions of federal and state dollars have been spent.
General News

Monday, February 10, 2025

Patterson & O'Neill, after legal victories forcing Los Angeles to approve housing permits, open a new office in LA to tackle the city's housing crisis after recent wildfires.
General News

Friday, February 7, 2025

LA city attorney targets Blueground US Inc. and two individuals, accusing them of price gouging after the wildfires, alleging price hikes over 50%. Legal actions include criminal and civil complaints to curb exploitation during the emergency.
General News

Friday, February 7, 2025

Dozens of lawsuits have been filed against Southern California Edison over its suspected role in the Eaton Canyon wildfire that devastated Altadena. As cases continue to be stayed and assigned to Judge Laura A. Seigle, one firm moved swiftly to secure a temporary restraining order to prevent the destruction of key evidence.
General News

Friday, February 7, 2025

Sebastian Siemiatkowski, CEO of Klarna, a Swedish tech firm that helps consumers defer payment on purchases, has repeatedly talked up the amount of work his company has automated using generative AI.
General News

Thursday, February 6, 2025

Judge disallowed gold as an investment, declared Evergreen Ministries a sham, and placed four neglected Northern California cemeteries under state control due to alleged mismanagement and financial schemes by a Vallejo businessman. He said creating the religious organization was meant to save property tax for the cemeteries.
General News

Thursday, February 6, 2025

The National Right to Work Legal Defense Foundation and the United Farm Workers are seeking to intervene in a lawsuit challenging California's farm worker unionization laws. At stake is the certification of a union at Wonderful Nurseries LLC, as well as the legality of a 2022 law that made it easier for farm workers to organize.
General News

Wednesday, February 5, 2025

College athletes, including NFL players Brevin Jordan and Anthony Gould, sued the NCAA and five conferences for antitrust violations, claiming restrictions on compensation are anticompetitive, after opting out of a $2.5 billion settlement.
General News

Wednesday, February 5, 2025

If you were planning to use your tax refund to buy the paper version of inflation bonds, you're out of luck: That option has been eliminated.
General News

Wednesday, February 5, 2025

A law firm involved in a class action against Martinez Refinery might include a recent explosion in its lawsuit, citing toxic emissions affecting 40,000 residents. Health and property damages are central to the claims.
General News

Tuesday, February 4, 2025

An Alameda County judge said she is disinclined to award 33% of an $800,000 settlement fund as attorney fees in a wages and hours PAGA case against Peet's Coffee.
General News

Tuesday, February 4, 2025

Conceptually, scrubbing carbon from the state's economy, particularly transportation and utility sectors, has enjoyed broad popular support. But as the self-imposed deadline looms, specific strategies to reduce emissions are encountering resistance as Californians feel their real world impacts.
General News

Monday, February 3, 2025

Federal prosecutors challenged Hewlett Packard's $14B Juniper acquisition, signaling continued aggressive antitrust enforcement under President Donald Trump. Both companies plan to defend the deal, highlighting a competitive WLAN market.
General News

Monday, February 3, 2025

A complaint against Alaska Air claims the airline systematically underpays flight crew by failing to compensate for time spent on the ground between flights and rounding work hours in its favor. The suit, filed in San Francisco Superior Court, seeks restitution for potentially hundreds of affected employees in California, alleging violations of wage laws and unfair labor practices.
General News

Monday, February 3, 2025

Parents beware. The money-lusting billionaires in Silicon Valley who, through social media, have already caused unprecedented child suffering -- including depression, eating disorders, suicide, drug-related deaths, invasions of privacy and sex trafficking -- they have unleashed a new horror.
General News

Friday, January 31, 2025

Trumpologists -- those who specialize in deciphering President Trump -- generally advise examining his actions rather than his words.
General News

Friday, January 31, 2025

A judge chided the San Francisco City Attorney's team for excessive discovery in a flood damage lawsuit, setting a trial date to ease the plaintiffs' burden.
General News

Friday, January 31, 2025

A new class action accuses Amazon of secretly tracking and selling California residents' sensitive location data through its advertising software. The lawsuit, filed in federal court in San Francisco, claims that Amazon's software development kit (SDK) operates as a "backdoor" to siphon user data without consent, violating state privacy laws.
General News

Thursday, January 30, 2025

LinkedIn seeks dismissal of a class action lawsuit claiming the company's Insight Tag illegally collected medical data from CityMD patients, arguing the claims are repetitive and meritless.
General News

Thursday, January 30, 2025

At this moment, California faces two crises: horribly destructive and deadly wildfires in Los Angeles County and fears that President Donald Trump will either deny federal relief or use it as leverage to force California to change its policies.
General News

Thursday, January 30, 2025

Five plaintiffs dropped their lawsuits against Mead Johnson and Abbott Laboratories on Monday in a case involving claims that baby formula products increased health risks for premature infants. The litigation, part of a nationwide series of lawsuits, faces ongoing challenges over deadlines and document production.
General News

Wednesday, January 29, 2025

Tax season opened Monday, and the IRS announced that it has expanded its free online system for filing 2024 returns directly with the federal government.
General News

Wednesday, January 29, 2025

Attorney General Rob Bonta will join federal officials Tuesday to announce a Sacramento Regional Human Trafficking Task Force. While Democrats emphasize existing exceptions in California's sanctuary laws for serious crimes, Republican lawmakers, led by Assembly Member Kate Sanchez, are pushing legislation to expand exemptions for human traffickers and enhance coordination with federal authorities.
General News

Wednesday, January 29, 2025

Apple seeks lawsuit dismissal, arguing no medical proof exists for hearing loss from Amber Alerts via AirPods Pro. They claim the theory is novel and unsupported by science.
General News

Tuesday, January 28, 2025

If you're looking for a new reason to be nervous about artificial intelligence, try this: Some of the smartest humans in the world are struggling to create tests that AI systems can't pass.
General News

Tuesday, January 28, 2025

A judge kept alive British beverage company Diageo's claim that San Francisco's tax on alcohol - in addition to the state tax - is preempted but otherwise dismissed much of the company's case.
General News

Tuesday, January 28, 2025

Plaintiffs in a lawsuit against Robinhood LLC have renewed their motion for class certification, alleging the trading platform misled users about its reliance on payment for order flow, which they claim led to inferior stock trade prices.
General News

Monday, January 27, 2025

President Donald Trump's energy agenda calls for drilling more oil and gas, something that could take years. But he took other actions last week that could more quickly affect the way the country prepares for and adapts to climate changes driven by the burning of fossil fuels.
General News

Monday, January 27, 2025

Justices ruled that landowners cannot divide an East Oakland lot into multiple parcels, reversing an appellate court decision and siding with a deputy city attorney who warned of "rogue development" across the state.
General News

Monday, January 27, 2025

San Francisco judge denies Apple's motion to dismiss gender pay discrimination lawsuit, allowing class action and PAGA claims to proceed for 12,000 female employees.
General News

Friday, January 24, 2025

Angry residents blamed Karen Bass for the fires not just in Pacific Palisades, which is part of her city, but Altadena, which isn't.
General News

Friday, January 24, 2025

Google seeks dismissal of Epic Games' antitrust lawsuit, claiming no involvement in Samsung's auto blocker feature that limits app downloads to Google Play and Galaxy Store. A case hearing is set for April 3.
General News

Friday, January 24, 2025

The Justice Department is threatening to prosecute state and city officials who refuse to help the Trump administration carry out its immigration agenda, a provocative move that will reignite President Donald Trump's first-term fight with liberals over "sanctuary" policies.
General News

Wednesday, February 12, 2025

A group of investors led by Elon Musk has made a $97.4 billion bid to buy the nonprofit that controls OpenAI, according to two people familiar with the bid, escalating a yearslong tussle for control of the company between Musk and OpenAI CEO Sam Altman.
General News

Tuesday, February 11, 2025

Open government advocates argue that Elon Musk's unelected influence mirrors the closed-door decision-making that doomed Hillary Clinton's health care changes. Will history repeat itself, or will this case chart a new course?
General News

Monday, February 10, 2025

Marqeta Inc. shareholders filed a lawsuit against CEO Simon Khalaf and other executives, claiming "gross mismanagement" caused a 42.5% stock drop after undisclosed regulatory risks surfaced in Q3 earnings.
General News

Friday, February 7, 2025

The lawsuit, led by the Center for Biological Diversity, claims federal agencies failed to account for environmental impacts and ignored public input.
General News

Thursday, February 6, 2025

LinkedIn's founder may be the first litigation funder to be deposed before a trial he has funded. Fox Corp. has filed a discovery petition seeking details on Hoffman's $25 million funding of Smartmatic's $2.7 billion defamation lawsuit against the broadcaster.
General News

Wednesday, February 5, 2025

The new measure, backed by Mayor Daniel Lurie and state Sen. Scott Wiener, would give law enforcement greater authority to cite and penalize illegal resellers while protecting legitimate vendors.
General News

Tuesday, February 4, 2025

In a ruling watched by many religious organizations, a 9th U.S. Circuit Court of Appeals en banc panel said the Church of Jesus Christ of Latter-day Saints did not commit fraud by using tithes for a commercial property investment
General News

Monday, February 3, 2025

Attorneys for Anthropic PBC and authors presented a tutorial on the AI model Claude to a federal judge in San Francisco, focusing on copyright infringement claims related to training data use.
General News

Friday, January 31, 2025

Judge Ursula Jones Dickson was selected as Alameda County's new DA after Pamela Price's recall. Dickson, a former prosecutor, will serve until 2026, focusing on public safety and community trust.
General News

Thursday, January 30, 2025

A San Francisco judge has postponed a decision on a motion to add a co-representative to a Private Attorneys General Act lawsuit against Adecco USA. The case, connected to claims of unlawful speech restrictions at Google placements, hinges on an appellate ruling in a related matter.
General News

Wednesday, January 29, 2025

SEC Commissioner Hester Peirce has called for a return to a narrower scope of agency oversight, warning that expanded disclosure mandates risk burying material information in responses to special interest demands. Speaking in San Diego, Peirce urged revisions to shareholder proposal thresholds and cautioned against politicizing capital markets.
General News

Tuesday, January 28, 2025

California's withdrawal of a contested emissions waiver for clean truck rules highlights a strategic retreat to navigate ongoing legal challenges. Experts anticipate a surge in climate litigation, with the state's zero-emission vehicle mandates and other clean air regulations at the center of political and legal disputes.
General News

Monday, January 27, 2025

Consumers sue Apple, claiming its Watch bands contain harmful PFAs, contradicting health claims. The lawsuit highlights increased chemical absorption during exercise, with Apple acknowledging PFAs but planning their phase-out.
General News

Friday, January 24, 2025

At a Sacramento conference, Sen. Tom Umberg pushed back on claims that Proposition 36 enforcement would burden local governments, stating it's a state responsibility. Health experts warned of potential underfunding and the need for tailored approaches to addiction treatment, as debates over the measure's implementation continue.