Daily Recorder
Friday, May 09, 2025
GUEST COLUMNS

Thursday, May 8, 2025

Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren't barred by no-contest clauses or the 120-day deadline, but follow a three-year limit under CCP § 338(d).
To ethically reach out to potential clients during a disaster, lawyers must recognize the difference between advertising and solicitation, ensuring their messages are accurate, not misleading, and in line with the Rules of Professional Conduct.

Wednesday, May 7, 2025

Litigation, like archery, demands calm under pressure, sharp focus, and the courage to strike with purpose.
The Trump Administration's crackdown on undocumented immigrants, including courthouse arrests, jeopardizes the ability of vulnerable silicosis plaintiffs who seek justice without the threat of deportation.

Tuesday, May 6, 2025

Harvard University's enduring influence and indifference to political power is nothing new.
Estate planning involves strategic decisions about asset management and transfer, with trusts serving as a key tool; however, the tax implications--ranging from income taxes on trust-generated income to estate and gift tax consequences--can be complex and require careful consideration to align with long-term goals.

Monday, May 5, 2025

Estate planning involves not only managing the distribution of assets but also addressing income tax considerations, such as the implications of final tax returns, how income generated after death is reported by estates, and the tax responsibilities of heirs and beneficiaries.
The Supreme Court's 2024 Loper Bright ruling, which overturned Chevron deference, is unlikely to significantly impact copyright law.

Friday, May 2, 2025

There is a nuanced distinction between a statute's "effective" date - the moment it becomes law--and its "operative" date--the point at which its provisions can be enforced, and how the presumption of prospective application governs most statutes.
California's SB 1383 is transforming food waste from environmental liability into economic and climate opportunity, combining bold mandates, tax incentives, and community-driven programs to slash landfill-bound organics and boost food recovery across the state.

Thursday, May 1, 2025

In Knellinger v. Young (2025), the 10th Circuit examined a case where Colorado's unclaimed property laws led to the state taking property without proper notice or compensation, with the court ultimately reaffirming that property owners are entitled to just compensation under the Fifth Amendment, regardless of administrative processes.
Proposed amendments to Rule 1469 by the South Coast AQMD aim to strengthen regulation of hexavalent chromium emissions to protect public health and address environmental justice concerns, but they also present significant operational, financial, and competitive challenges for industries reliant on Cr(VI).

Wednesday, April 30, 2025

Emblem and remedy: How a California housing rights law already uniquely protects immigrant tenants from unscrupulous landlords emboldened by Trump's anti-immigrant rhetoric.
It's time to replace outdated, court-based speed enforcement with automated civil penalties focused on the vehicle, not the driver, to make our streets safer and hold car owners financially accountable for dangerous speeding.

Tuesday, April 29, 2025

At its core, the Genesys Cloud Services litigation extends established privacy principles to AI vendors, foreshadowing the compliance landscape companies must navigate as they integrate intelligent technologies.
Trump's push to fast-track deregulation bypasses Administrative Procedure Act rules, but courts--bolstered by Loper Bright--may block shortcuts that sidestep public input and legal procedure.

Monday, April 28, 2025

As the federal government retreats from climate regulation, California steps up with sweeping disclosure laws requiring large companies doing business in the state to report emissions and climate-related financial risks.
Though well-intentioned, the act urgently needs reform to distinguish between viable housing sites and rural parcels like El Dorado's pond where rigid application of the law blocks community-driven efforts to preserve public spaces without advancing affordable housing goals.

Friday, April 25, 2025

How big tech defends algorithmic addiction in the name of the First Amendment.
AI developments are rapidly reshaping the legal landscape, with key issues like copyright infringement, trademark misuse, defamation, right of publicity, and unfair competition highlighted through the hypothetical AI-created film

Thursday, April 24, 2025

Immigration crackdowns post-2025 have made compliance a top business priority, with rising audits, steep fines, and legal risks forcing employers to act fast and stay sharp.
California Senate Bill 832, which proposed stringent "clear and convincing" evidence requirements for childhood sexual abuse survivors, faced significant backlash, leading to its withdrawal after widespread community mobilization and advocacy.

Wednesday, April 23, 2025

Amid rising political scrutiny and legal uncertainty, California nonprofits must navigate shifting rules and rising risks around 501(c)(3) and (4) advocacy to protect their tax-exempt status and public trust.
Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions, but complexities in the tax code, such as the treatment of settlements and the IRS's evolving interpretations, make it crucial for taxpayers to carefully navigate insurance recoveries to avoid unintended tax liabilities.

Tuesday, April 22, 2025

Letitia James, the New York AG who vowed to "get Trump," is now facing a potential federal criminal probe after the FHFA accused her of falsifying mortgage documents to get better loan terms--allegations strikingly similar to those she used to win a $464M civil case against Trump.
The illegal deportation and continued imprisonment of Kilmar Abrego García--despite court orders and government admissions of error -has laid bare a full-blown constitutional crisis, as a defiant executive branch ignores the rule of law, punishes truth-tellers, and openly wages war on judicial authority.

Monday, April 21, 2025

As professional salaries in women's sports remain underwhelming, female college athletes are uniquely positioned to maximize their earnings through NIL deals -- making strategic planning and legal guidance essential for sustaining long-term financial success.
The El Salvador deportations highlight how the Trump Administration may have manufactured foreign entanglements to bypass domestic due process requirements for accused individuals.

Friday, April 18, 2025

In Capito v. San Jose Healthcare, the California Supreme Court addressed the scope of "unfair" business practices under section 17200, ruling that hospitals don't need to disclose emergency service fees beyond what is required by existing regulations, while suggesting that "unfairness" in consumer cases may be limited by the Cel-Tech "safe harbor" rule.
Laws have largely failed to prevent AI generated impersonations and technology companies aren't helping.

Thursday, April 17, 2025

President Trump's repeal of a 2024 rule halts mandatory crypto transaction reporting to the IRS, but crypto remains taxable as property, requiring accurate reporting of gains, losses, and income to avoid penalties.
In the aftermath of Los Angeles wildfires, policyholders must navigate complex insurance challenges to secure fair compensation and rebuild their lives - here's what you need to know.

Wednesday, April 16, 2025

A settlement may feel like the end of conflict, but without careful planning, enforcement mechanisms, and foresight, it can quickly unravel into renewed hostilities and litigation.
By providing junior associates with hands-on trial experience and meaningful roles in high-stakes business disputes, firms can foster growth, build successful teams, and achieve impactful results, as demonstrated by a recent case that resulted in a $28.5 million jury verdict.

Tuesday, April 15, 2025

As design patents grow in popularity due to their cost-effectiveness and strong remedies, recent court rulings have sharpened the focus on how clearly patent drawings must define an invention, setting new boundaries for what constitutes indefiniteness in design patent law.
As California pursues its 2045 clean electricity goal, local agencies and utilities are navigating legal, technological, and policy challenges to balance grid reliability and decarbonization.

Monday, April 14, 2025

Effective payor-provider mediations require meticulous preparation, including detailed claims spreadsheets, expert input, and clear communication, with careful attention to approaches for claim grouping and productive participation.
Children sexually abused in foster care face barriers to justice when the law shields social workers under discretionary immunity without examining if meaningful discretion was actually exercised.

Friday, April 11, 2025

While technology offers efficiency, in-person interactions are crucial for building trust and resolving emotionally charged disputes, particularly in cases involving deeper personal stakes.
AI tools like ChatGPT are revolutionizing legal work by enhancing efficiency, streamlining workflows, and improving client communication, allowing lawyers to focus on higher-level tasks while maintaining ethical standards and accuracy in their practice.

Thursday, April 10, 2025

In L & S Framing Inc. v. California Occupational Safety and Health Appeals Board, the Court of Appeal upheld the agency's interpretation of its regulations, emphasizing that administrative agencies' interpretations of their own rules are entitled to significant deference, even when contested by strong arguments from the opposing party.
President Trump's recent executive order imposing universal tariffs of 10%, with higher rates for certain trading partners, raises significant legal and economic concerns, particularly over its questionable constitutional authority, its potential to harm American consumers, and its broader impact on global trade relations.

U.S. District Judge Phyllis Hamilton (file photo)

NEWS

General News

Thursday, May 8, 2025

The Federal Reserve is expected to keep its key rate steady, after a series of cuts that lowered rates by a full percentage point last year.
General News

Thursday, May 8, 2025

Federal judge dismisses securities class action against Akero Therapeutics, finding no evidence of intentional misrepresentation in clinical trial patient data for its MASH cirrhosis drug, Efruxifermin.
General News

Thursday, May 8, 2025

State Supreme Court justices questioned a shareholder's argument that jury trial rights override a forum selection clause requiring that a lawsuit be decided in the Delaware Chancery Court, emphasizing contract primacy in a case involving a biotechnology company. The outcome should affect other pending cases.
General News

Wednesday, May 7, 2025

U.S. District Judge Yvonne Gonzalez Rogers trimmed Elon Musk's lawsuit against OpenAI, its executives and Microsoft but allowed significant claims -- including fraud -- to proceed. It's not clear how OpenAI's announcement will affect the lawsuit, which is scheduled to go to trial next year.
General News

Wednesday, May 7, 2025

Once upon a time, Hollywood wasn't just a neighborhood. It was the beating heart of film and television production in North America. But over the last two decades, the bright lights of Los Angeles have dimmed.
General News

Wednesday, May 7, 2025

California's February bar exam pass rate soared to 55.9%, the highest since 1965, despite technical problems. Meanwhile, the Supreme Court ordered a return to the Multistate Bar Examination, prompting mixed reactions.
General News

Tuesday, May 6, 2025

It's especially important to understand your options, experts on student borrowing say, because many aspects of the federal student loan system are in flux.
General News

Tuesday, May 6, 2025

U.S. District Judge Daniel J. Calabretta's ruling Friday delivered a major blow to the state's decades-old labeling regime and a key victory for the California Chamber of Commerce.
General News

Tuesday, May 6, 2025

Dialpad faces a class action alleging it illegally records and uses customer calls to train AI models, violating California privacy laws, seeking damages and injunctive relief.
General News

Monday, May 5, 2025

Can Los Angeles, by devoting time and attention to the long-suffering area around historic MacArthur Park, actually make a difference for those who live and work there, those who have despaired as the park has become a magnet for drugs, gangs and crime?
General News

Monday, May 5, 2025

The justices ruled Thursday that a release the cyclist signed cannot shield municipalities from public safety duties. The decision reverses a 1st District Court of Appeal ruling and returns the case to Alameda County.
General News

Monday, May 5, 2025

U.S. District Judge Yvonne Gonzalez Rogers ruled that Apple's noncompliance with her injunction to stop overcharging app developers was a "gross miscalculation." She referred the company to federal prosecutors for possible criminal contempt.
General News

Friday, May 2, 2025

More than ever before, investors are inundated with news alerts and headlines on market-moving events.
General News

Friday, May 2, 2025

Apple opposes redefining class in App Store antitrust case, citing overinclusion of 10 million uninjured users, trial set for 2026.
General News

Friday, May 2, 2025

California Supreme Court petition shows AI-written questions were more likely to be thrown out, confirming test-takers' complaints about February exam.
General News

Thursday, May 1, 2025

Even as it plans for a possible 10,000 applicants for the July Bar Exam, the State Bar faces renewed scrutiny after missing a key deadline Monday night.
General News

Thursday, May 1, 2025

One of the state Capitol's perpetual conflicts, dubbed "tort wars," pits personal injury attorneys and their allies, such as labor unions, against business groups and their insurers over laws governing which activities can be subjected to damage-seeking lawsuits.
General News

Thursday, May 1, 2025

Los Angeles County approves $4 billion settlement for 6,800 victims of systemic sexual abuse, straining budget.
General News

Wednesday, April 30, 2025

Sutter Health settles $228M antitrust lawsuit, denying claims it forced tying arrangements that allegedly inflated costs for 3 million policyholders.
General News

Wednesday, April 30, 2025

RREEF sues contractors for alleged lead, asbestos disturbance at Embarcadero Centre, with trial set for June.
General News

Wednesday, April 30, 2025

If children have questions about finances, parents should be ready to talk, experts say.
General News

Tuesday, April 29, 2025

Wells Fargo's website claims that the Bank Deposit Sweep Program at issue in the case allows the bank's advisers to automatically sweep customers' idle cash in investment accounts into interest-bearing accounts, such as money market funds.
General News

Tuesday, April 29, 2025

A few years ago, buying a Tesla in Mill Valley meant that you had money but were not overly showy. It meant you were a progressive environmentalist who had style.
General News

Tuesday, April 29, 2025

The California Air Resources Board has agreed to roll back portions of its landmark trucking emissions regulations in the face of mounting legal challenges and shifting political winds. The settlement with trucking industry plaintiffs signals a major setback for the state's climate goals.
General News

Monday, April 28, 2025

Judge approves $100 million Wells Fargo settlement, including governance reforms and $33.3 million in stock for plaintiffs' counsel.
General News

Monday, April 28, 2025

An executive order by President Trump pausing Foreign Corrupt Practices Act enforcement has defense lawyers and companies reassessing their compliance and legal strategies, even as some high-profile prosecutions, including against ex-Smartmatic executives, proceed.
General News

Monday, April 28, 2025

Investing in choppy markets, especially with an unpredictable president at the helm, can be distressing. It can be even more so if you are relying on these investments to pay for something as important as your child's college tuition, and you need the money in the foreseeable future.
General News

Friday, April 25, 2025

Landlord claims Foundery abandoned $11.8M lease, misrepresented finances, and mingled assets, seeking damages for breach and fraud.
General News

Friday, April 25, 2025

The pharmaceutical company claims the compounded medications lack FDA approval and put patients at risk, while defendants argue Lilly is trying to stifle competition and protect its market dominance.
General News

Friday, April 25, 2025

The most telling moment of the U.S. antitrust trial against Meta so far came halfway through more than 10 hours of testimony from Mark Zuckerberg, the company's chief executive.
General News

Thursday, April 24, 2025

Persuading people to spend money in a time of unpredictable tariffs is proving to be a complicated calculation for the $380 billion American advertising industry.
General News

Thursday, April 24, 2025

U.S. District Judge Araceli Martinez-Olguin on Tuesday rejected claims that a recent U.S. Supreme Court decision nullified her authority and brushing off calls for her recusal based on past immigration advocacy.
General News

Thursday, April 24, 2025

The former Sacramento mayor and California Senate president pro tempore is one of California's most experienced political figures. 
General News

Wednesday, April 23, 2025

It is noteworthy that some of the earliest mentions of "looting" in news reports during this year's deadly fires in Los Angeles County made the point that there actually wasn't much of it.
General News

Wednesday, April 23, 2025

Three of the students say they were arrested but not convicted. The government, which was not granted a hearing, says it has not declared them deportable.
General News

Wednesday, April 23, 2025

An en banc panel reinstated a plaintiff's proposed class action against Shopify, ruling the company's alleged data-mining practices were deliberately aimed at California consumers. The closely watched decision marks a significant development in personal jurisdiction law as it applies to online commerce.
General News

Tuesday, April 22, 2025

A $5 cap on fees for overdrawing your bank account balance is likely to be among the latest consumer protections from Joe Biden's presidency to fall.
General News

Tuesday, April 22, 2025

Plaintiffs allege Pfizer and Kaiser Permanente failed to adequately warn of the risk, despite emerging studies and international label updates. Attorneys say the cases deserve to be heard individually.
General News

Monday, April 21, 2025

Why there is no train to the airport is anybody's guess.
General News

Monday, April 21, 2025

Ahead of a hearing in Santa Clara County on Thursday, a Wilson Sonsini partner called the accusation by Gan Jing World a "conspiracy theory" that is "beneath the dignity of the bar." The underlying case is a copyright infringement dispute between YouTube and the video sharing service that Wilson Sonsini says is "aligned" with a "cult".
General News

Monday, April 21, 2025

Justices have agreed to review a closely watched appellate ruling involving efforts by workers to avoid arbitration in PAGA lawsuits by omitting individual claims. The case could resolve a growing split among state courts over the viability of these so-called "headless" PAGA actions.
General News

Thursday, May 8, 2025

Oakland jury orders NSO Group to pay Meta $168 million for hacking 1,400 WhatsApp users with Pegasus spyware in 2019, following sanctions for evidence withholding. NSO considers appeal.
General News

Wednesday, May 7, 2025

A San Francisco judge allowed new defense attorneys to substitute into a $100 million personal injury case after a mistrial, deferring a decision regarding sanctions for prior counsel's walkout amid their clients' conflict of interest.
General News

Tuesday, May 6, 2025

Trust and estate law surges with the great wealth transfer of baby boomers, but a shortage of young lawyers as veterans retire creates opportunities and challenges.
General News

Monday, May 5, 2025

According to U.S. District Judge Charles Breyer's scheduling order, the first wave is set to begin Dec. 8. Only two of the selected cases were filed in California.
General News

Friday, May 2, 2025

Judge delays ruling in $15M Microsoft tax case, likening complex gross receipts dispute to "learning Bulgarian."
General News

Thursday, May 1, 2025

The U.S. Department of Justice moved to dismiss the TRO, which it said wrongly had the effect of a preliminary injunction, due to an April 4 decision by the U.S. Supreme Court.
General News

Wednesday, April 30, 2025

It illustrates what appears to be a reluctance by the Supreme Court to further clarify a major ruling in June 2022 that set forth a "history and tradition" Second Amendment test for state gun laws.
General News

Tuesday, April 29, 2025

As major law firms take different paths in response to Trump's executive orders, hundreds partners have launched a new organization, filing an amicus brief to support Susman Godfrey and pushing back against what they call an attack on the rule of law.
General News

Monday, April 28, 2025

California Supreme Court investigates State Bar's undisclosed AI use in February bar exam questions, sparking transparency and reliability concerns.
General News

Friday, April 25, 2025

The ACLU vowed to seek en banc review of the ruling that warrantless tracking and searches can be constitutional when court-ordered with consent.
General News

Thursday, April 24, 2025

City workers protest Airbnb's $120M tax refund lawsuit; judge challenges attorney as San Francisco faces $800M deficit.
General News

Wednesday, April 23, 2025

San Francisco city attorney sues GoShare, alleging illegal driver misclassification under Proposition 22, claiming excessive control and denial of worker benefits, with experts split on the lawsuit's prospects.
General News

Tuesday, April 22, 2025

The U.S. Supreme Court has agreed to hear arguments in May on the scope of injunctive relief, with major implications for presidential authority and judicial reach. The Trump administration appears to be trying to avoid a direct challenge, for now, to the long-standing birthright citizenship precedent set by Wong Kim Ark.
General News

Monday, April 21, 2025

Recent court rulings, including a new injunction in Ohio, and sharp criticism from privacy and First Amendment advocates suggest the legal foundation for such efforts may be eroding.