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.
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