Daily Recorder
Saturday, March 02, 2024
GUEST COLUMNS

Friday, March 1, 2024

Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a significant shift in collegiate sports, aligning with labor law principles favoring collective bargaining and raising questions about the NCAA's rules amidst emerging "collectives" seeking player compensation.

Wednesday, February 28, 2024

Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced and flexible solutions that would protect the needs of the children, parents, and insurance companies.

Tuesday, February 27, 2024

The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions, gaslighting, and lawsuits that challenge affirmative action.
Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recognize the union, which is what the union is seeking once it has majority support.
All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure they learn factual and historical information.

Monday, February 26, 2024

Friday, February 23, 2024

Thursday, February 22, 2024

Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice, and a reportable violation. The rule also requires the lawyer to consider whether to seek the client's consent to disclosure, and whether to report to the State Bar or a tribunal.
Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and regulations that protect their educational rights.

Tuesday, February 20, 2024

Friday, February 16, 2024

Thursday, February 15, 2024

Wednesday, February 14, 2024

Tuesday, February 13, 2024

Monday, February 12, 2024

Generative AI is a driving force for M&A deals and poses new legal and business challenges.
Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.

Friday, February 9, 2024

Thursday, February 8, 2024

Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases holding that the only duty sporting coparticipants owe each other is the duty to not increase the inherent risks of the activity.
Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are entitled to recover the attorneys' fees incurred in defending against claims against the payment bond.
The difference between legitimate tax avoidance and tax evasion is critical. The arguable "loan debt" may have been concocted by Donald Trump as a fictional way of avoiding income taxes.
It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite imaginary case law suggested by ChatGPT, new AI programs exist to make document review far more efficient.

Wednesday, February 7, 2024

Multiple new laws related to housing development go into effect this year, and could finally bring a much-needed boost to a state plagued by a dearth of affordable housing.
CFAA cases often involve highly sensitive information, and mediation offers a unique level of privacy as generally mediation briefs and related documents are not filed with the courts or publicly reported.

Tuesday, February 6, 2024

To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County's general-plan, zoning-ordinance and permitting-process regulations. And those local regulations have evolved significantly over the years.

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