Daily Recorder
Friday, September 04, 2026
GUEST COLUMNS

Thursday, September 3, 2026

Purchase agreements for buildings still under construction must precisely allocate the risk of delay--distinguishing between a building's readiness for use and its readiness for legal closing--to protect buyers with firm business deadlines and prevent disputes over what "ready" really means.
California Labor Code Section 1102.5 is a strong weapon for employees, and a recent major verdict shows why employers faced with whistleblower retaliation claims should proceed carefully.

Wednesday, September 2, 2026

Leaving California may not end California tax obligations for residents with stock options or other equity compensation.
The 9th Circuit's Ding decision allows employees who discover a viable sexual harassment claim after arbitration begins to invoke the EFAA and move their case to court, while limiting that option to circumstances where the claim was not previously known or withheld.

Tuesday, September 1, 2026

California negligence law already knows how to allocate responsibility when technology replaces the person behind the wheel.
Can courts still enforce pre-dispute employee arbitration agreements that do not meet the Armendariz requirements?

Monday, August 31, 2026

AI has made it easier than ever to imitate a celebrity. A four-step strategy can give celebrities and their families the best chance of maintaining control over their identities.
Population, industrial and trucking growth are converging to make the Inland Empire an increasingly consequential center for civil litigation in California.

Friday, August 28, 2026

Age alone is not enough to take away an elderly driver's license, but California has safeguards to determine when someone should be reexamined--or not driving at all.
The Court of Appeal's decision in People v. Cruz improperly expands resentencing relief by eliminating enhancements based on conduct already admitted or proved, giving defendants an unwarranted sentencing windfall and undermining culpability-based punishment.

Thursday, August 27, 2026

North Carolina's high court struck down a condemnation that failed the Constitution's public use requirement, offering a lesson for courts elsewhere, including California.
Large logistics projects bring investment, jobs and delivery capacity, along with truck routing, school-zone safety and carrier-accountability issues that belong in the planning process before the first serious crash.

Wednesday, August 26, 2026

California's 2023 partition law was well intentioned, but it overlooked how California property law actually works. A 2026 update can fix those oversights and create a more perfect partition.
Early court rulings are divided over whether AI-generated litigation materials are protected by privilege or the work-product doctrine, while judges are increasingly restricting the use of public AI tools in discovery over confidentiality and data privacy concerns.

Tuesday, August 25, 2026

In re Tung Trust held that a generic survivorship clause does not override California's anti-lapse statute, underscoring the need for estate planners to explicitly condition gifts on survival and clearly specify alternative dispositions.
A lis pendens can be a powerful tool in family law, but California courts require attorneys to specifically identify the property and plead a claim affecting its title or possession before recording the notice, or risk expungement and attorney fees.

Monday, August 24, 2026

With NIL valuations and endorsements influencing every stakeholder in college sports--from the players and coaches to a school's administration--it's time to embrace the new reality and help student-athletes make informed decisions or step aside.
Comet's $40 million trade secret verdict unraveled on appeal, illustrating how midtrial claim changes, jury instructions, and an all-or-nothing damages strategy combined to turn "remarkable" evidence of misappropriation into reversible error.

Friday, August 21, 2026

San Francisco's expanded Fair Chance Ordinance prohibits employers from basing adverse employment decisions on out-of-state convictions or unresolved arrests for conduct lawful in California in four categories.
A recent debate over California's Proposition 45 has raised a surprisingly basic question: "Are data centers eligible for the measure's streamlined review process?"

Thursday, August 20, 2026

California art transactions sit within ordinary commercial law, but art-specific statutes can displace familiar assumptions about freedom of contract, remedies and risk allocation--making a generic commercial-sales form an imperfect fit.
The 9th Circuit has narrowed the Lanham Act's false advertising reach, holding that allegedly false claims about a product idea's creative origin are not actionable under the statute.

Wednesday, August 19, 2026

ICE's planned use of electric-shock G.L.O.V.E. devices raises serious legal and accountability questions about whether deploying them against protesters can satisfy constitutional use-of-force standards without clearer rules, stronger justification and meaningful oversight.
As courts grapple with whether algorithmically generated feeds are "expressive," the answer may determine the extent of social media platforms' First Amendment rights in the age of AI.

Tuesday, August 18, 2026

Nearly 50 years after MICRA's enactment, California's medical malpractice landscape is evolving in ways that affect both injured patients and the practice of law.
A new regional storm water permit expands compliance obligations to previously unregulated Los Angeles County facilities, requiring operators to evaluate storm water and potentially address pollutants draining from their properties.

Monday, August 17, 2026

California employers and unions can obtain workplace violence restraining orders quickly, yet few use them. Understanding the streamlined process can help protect employees from recurring threats, violence and harassment.
AT&T's effort to retire traditional landline service in California presents a classic federalism dispute over the boundary between federal authority and state regulation of essential communications infrastructure.

Friday, August 14, 2026

Workplace Violence Restraining Orders under CCP ยง 527.8 offer retailers a far more effective way to stop recurring violence, threats and harassment than toothless trespass warnings, with more than 90% of respondents complying once served.
The Supreme Court's decision in Chatrie v. United States holds that geofence warrants seeking Google location data constitute Fourth Amendment searches, requiring California law enforcement to satisfy probable cause and particularity when using the increasingly common investigative tool.

Thursday, August 13, 2026

A recent appellate decision makes clear that an insurer's unreasonable delay in paying benefits can trigger bad faith liability--even when the insurer eventually pays the claim in full.
Attorneys who use AI must do so with their eyes wide open, understanding its limitations and recognizing that their work is just beginning whenever AI has been used.

Wednesday, August 12, 2026

Two verdicts, one summer: What Byrne v. Ameris Bank and Glick v. City of Los Angeles should teach every employment lawyer, mediator and GC.
AI is reshaping legal practice, but attorneys must use it competently and ethically to avoid becoming the next cautionary headline.

Tuesday, August 11, 2026

A Senate contempt finding against Dr. Anthony Fauci for invoking the Fifth Amendment raises complex constitutional questions about presidential pardons, potential state prosecution, and whether his testimony waiver arguments are legally sufficient.
Appellate strategy, like golf, rewards patience over shortcuts. In Maniago, the California Supreme Court reminds litigants that the quickest path to review may forfeit it altogether.

Monday, August 10, 2026

When a driverless car breaks the law in California, the violation now goes to the manufacturer's regulator instead of to a driver. That works until someone dies, because homicide still requires a mind, and the law has spent two thousand years looking for one.
The Ninth Circuit's Theis decision clarifies public employees' workplace speech protections, holding that when employees speak as part of their jobs, employers -- not employees -- control the message.

Friday, August 7, 2026

IRS Form 4669 serves a legitimate purpose in worker-classification disputes but requiring it in employment settlements may be both inappropriate and premature.
Purpose-built AI tools that catch curable defects before filing and flag issues during court review--from pleadings and default judgments to class and PAGA settlements--could be developed to help alleviate the added caseload pressure AI itself is expected to create.

Thursday, August 6, 2026

A contractor that lied about its workers' comp coverage to save its license ended up losing $1.55 million in fees and its ability to sue for payment -- proof that in litigation, the client's own conduct often decides the case.
A recent California decision reinforces that a lawyer's move to a new firm does not automatically create a disqualifying conflict if effective ethical safeguards are in place.

Wednesday, August 5, 2026

How rideshare screening actually works, when a driver's criminal record matters and what a passenger injured by an Uber driver has to prove in a California negligence case.
You thought there'd be no math?!
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