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.
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