Riverside Business Journal
Monday, March 18, 2024
GUEST COLUMNS

Monday, March 18, 2024

The Copyright Act's termination right does not undo royalty agreements, creating an emerging trend that allows authors and their heirs to regain previously transferred copyrights once they have proven valuable. However, the decisional law in this area is still in its infancy.

Friday, March 15, 2024

Colleges and universities can avoid conflicts between free speech and anti-harassment rights, such as enforcing policies consistently, imposing content-neutral time, place, and manner restrictions, speaking out against toxic speech, and intervening when there is disruption or threat of violence.
SB 1227 would erode public health and safety standards for San Francisco residents and set a dangerous precedent for California.

Thursday, March 14, 2024

In a case of first impression, the 1st District Court of Appeals in California determined that a project owner's claim for liquidated damages constitutes a good faith dispute under Civil Code section 8800, allowing the project owner to withhold up to 150% of the disputed amount without being subject to prompt payment penalties.
The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between ports applies to a vessel that leaves from and returns to the same port.

Wednesday, March 13, 2024

The new theory suggests that insider trading violations cover individuals who trade a company's securities, not based on nonpublic information on the company itself, but rather on nonpublic information about a separate company in the same industry.

Tuesday, March 12, 2024

Health equity initiatives are not only moral imperatives, but also increase precision in health outcomes and mitigate legal risks. Healthcare organizations must embrace inclusive practices that foster a healthcare environment where every individual receives dignified and equitable care.
RON is useful for real estate and business transactions, but not for estate planning, which requires more careful verification of the signer's intent and mental state.

Monday, March 11, 2024

Trade secret misappropriation claims have become more common and powerful in the last two decades, due to factors such as the narrowed availability of patentable subject matter, increased employee mobility, and the potential invalidation of noncompetition agreements by the Federal Trade Commission and state legislatures.
The U.S. Supreme Court may either defend or revisit Viking River's dismissal rule and decide whether California courts must honor arbitration contracts governed by the FAA in PAGA cases.

Friday, March 8, 2024

Employers should anticipate more whistleblower tips, create a culture of compliance, establish a centralized tip reporting system, conduct prompt and fair investigations, maintain communication with whistleblowers, and document employee performance.

Thursday, March 7, 2024

The Court of Appeal in Molinar v. 21st Century Insurance Company held that an auto insurer must send a notice of cancellation to all drivers insured under a policy, not just the named insureds who purchased and paid for the policy.
The legal challenges and opportunities of applying AI and machine learning to different industries, especially biotech, and how the convergence of legacy technologies creates new issues.

Wednesday, March 6, 2024

The NLRB has created a new rule that allows unions to bypass elections and demand recognition from employers based on a majority support claim. Employers must either grant recognition or petition the NLRB for an election.
Rule 1.11 is relevant for contemporary lawyers who explore new career options within the modern economy and legal climate, and who may acquire confidential government information from various sources and roles.

Tuesday, March 5, 2024

The San Diego County Board of Supervisors has passed a law that delays and reduces property tax bills for property owners who suffered more than $10,000 in damages during the flooding. They must apply for the deferral with the San Diego County Assessor's office by April 10.

Monday, March 4, 2024

The Department of Justice expects companies to disclose misconduct within a reasonably prompt time after becoming aware of it, even before completing an internal investigation.
There is no clear consensus on whether AI's ingestion of data and authored works for learning is fair use. Some argue that it is similar to human learning, while others argue that it is a form of copying.

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

Seller carry-back financing can be risky and potentially illegal, especially if it is not disclosed to the existing lender or if it violates the due-on-sale clause.

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.

Monday, February 26, 2024

California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog's prior viciousness. Holding a landlord liable for a tenant's dog requires a higher standard.

Friday, February 23, 2024

Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threatened by public distrust and political pressures.
Tardy issuance of privacy regulations lands watchdog agency in court.

Thursday, February 22, 2024

Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movement, but relief may be still sought if another covered risk is the efficient proximate cause of the loss.
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.

Wednesday, February 21, 2024

Companies should update their arbitration agreements to take advantage of the new AAA rules and include conditions precedent that can weed out unvetted claims.
Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.

Tuesday, February 20, 2024

Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on the arbitration agreement between the parties.

NEWS

General News

Monday, March 18, 2024

"They've replaced the president and the CEO and these things have compounded upon themselves to a point here, your honor, where they're effectively gutting Activision," Cadio R. Zirpoli of the Joseph Saveri Law Firm LLP told U.S. District Judge Jacqueline Scott Corley.
General News

Monday, March 18, 2024

Deck: Mediator Cynthia Aaron resolves cases with a respectful but honest approach, lawyers say.
General News

Friday, March 15, 2024

California L&E and PAGA claims were big drivers of the spending, Carlton Fields found.
General News

Friday, March 15, 2024

"There is no grey area for the crimes I committed. It's black and white and I crossed that line," former firm office manager Jairo Tomas Santos wrote the judge.
General News

Friday, March 15, 2024

Meta has filed a lawsuit against its former vice president, Dipinder Singh Khurana, for allegedly taking confidential documents to a new start-up company.
General News

Thursday, March 14, 2024

X Corp.'s legal team argues that users explicitly agreed to the use of their data for advertising in the company's privacy policy and that the case should be dismissed.
General News

Thursday, March 14, 2024

Gov. Gavin Newsom also appointed 14 superior court judges in 10 counties.
General News

Thursday, March 14, 2024

In a speech to the ABA, Paula Blizzard emphasized that she was talking about sending people to "county jail" not "club fed."
General News

Wednesday, March 13, 2024

IA federal judge partially dismissed a similar lawsuit against Microsoft Corp. and its subsidiary GitHub, saying some plaintiffs did not adequately identify specific instances in which their code was used by the defendants.
General News

Wednesday, March 13, 2024

Cathay Pacific argued the arbitration agreement was binding on a couple that purchased their tickets through a third-party website.
General News

Tuesday, March 12, 2024

Underwood Law Firm helps clients move past the difficulties of co-owned property.
General News

Tuesday, March 12, 2024

A group of Silicon Valley investors are facing off against a group of farmers who refuse to sell their land to them. The farmers argue that the Sherman Antitrust Act does not apply to individual landowners' sales of unique real property.
General News

Tuesday, March 12, 2024

U.S. District Judge David O. Carter told a plaintiff's attorney representing the L.A. Alliance for Human Rights that she was misled by the city last year over promises of contracting plans that were not fulfilled by specific deadlines pursuant to the agreement.
General News

Monday, March 11, 2024

Many of the amicus briefs filed this week in support of Grants Pass also argued that the Supreme Court should reverse a 2018 9th Circuit decision that struck down an anti-camping ordinance in Boise, Idaho.
General News

Monday, March 11, 2024

Prosecutors said Linwei Ding moonlighted for one AI company in China while working at Google, then founded his own company.
General News

Friday, March 8, 2024

The complaint alleges the defendants extracted the information towards the end of 2023 before deleting all their business emails and digital files and resigning the medical device company in January.
General News

Friday, March 8, 2024

"The court finds the city council prejudicially abused its discretion when it found in its May 1, 2023 decision that the builder's remedy does not apply to the project," Superior Court Judge Mitchell L. Beckloff wrote
General News

Thursday, March 7, 2024

The lawsuit claims that the average 5-6% commission split between seller's and buyer's agents is far higher than in other countries.
General News

Thursday, March 7, 2024

The extensive and strongly worded opposition to Rick L. Richmond's motion to disqualify Judge Susan Bryant-Deason for treatment of Asians points to defense's tactics throughout the five-month jury trial.
General News

Thursday, March 7, 2024

"I don't know how they feel justified in having that many excess judgeships," Assemblyman Tom Lackey, R-Palmdale, told a budget hearing.
General News

Wednesday, March 6, 2024

The case drew many amicus curiae briefs from prosecutors and defense attorneys across the state.
General News

Wednesday, March 6, 2024

The former executives are represented by David L. Anderson, who was U.S. attorney of the Northern District of of California.
General News

Wednesday, March 6, 2024

The city denied him a business license because he doesn't live there.
General News

Tuesday, March 5, 2024

A complaint says the financial institution sent letters to many fraudulently enrolled customers and unlawfully shifted the burden to dispute the enrollment.
General News

Tuesday, March 5, 2024

"They were clearly people that were willing and able and completely capable of taking larger cases to trial and dealing with the complexities of a really high-end civil litigation," Burke Strunsky said.
General News

Tuesday, March 5, 2024

A lack of formality around the agreement between Musk and OpenAI's co-founders and difficulty determining what constitutes "the benefit of humanity" may prove a stumbling block, experts say.
General News

Monday, March 4, 2024

COVID-era case backlogs gave Christopher White a new appreciation for ADR work.
General News

Monday, March 4, 2024

The complaint seeks an order for Dywidag Systems in Long Beach to pay up to $64,618 per day, per violation.
General News

Monday, March 4, 2024

Banks are more focused on using generative AI to combat security threats rather than integrating it into lending decision-making, with the potential for bias in data models weighing heavily.
General News

Friday, March 1, 2024

"This is a textbook example of attorney-client privilege. It is individual at the company, emailing a lawyer providing information and asking, can you assist," said Molly M. Lens of O'Melveny & Myers LLP.
General News

Friday, March 1, 2024

The justices were curious about why the parties are fighting so hard – for three years now – about whether an arbitrator or court should decide who should hear their dispute.
General News

Friday, March 1, 2024

The plaintiff, a fashion designer, claims that Girardi and her assistants, as well as U.S. Secret Service agents and American Express, conspired to wrongfully prosecute him. The ruling allows him to proceed with his claims.
General News

Wednesday, February 28, 2024

A judge sustained a demurrer from actor Alec Baldwin and other producers of the film "Rust" to claims of loss of consortium by cinematographer Halyna Hutchins' family, including her mother, father, and sister.
General News

Wednesday, February 28, 2024

Robert Rundo was rearrested by the FBI near San Diego after being freed by a district judge, and according to a 9th U.S. Circuit Court of Appeals order, will remain in custody pending resolution of an appeal on the dismissed case.
General News

Wednesday, February 28, 2024

The FTC's decision to block the deal came as little surprise, but it has the potential to chill merger activity.
General News

Friday, March 15, 2024

The county sued power company PacifiCorp over damages from the 2020 Slater Fire on the Oregon border caused when a rotting tree fell on the company's equipment.
General News

Wednesday, March 13, 2024

"If litigation materializes, that would be a disaster, because it will involve years if not decades, an untold amount of money and an uncertain resolution at the end of the day," said Robert Glennon, University of Arizona's James E. Rogers School of Law.
General News

Monday, March 11, 2024

"Bayer has now won three consecutive victories at trial, and 13 of the last 19 cases where judgments were entered at trial, validating the company's strategy of taking cases to trial based on strong scientific and regulatory evidence," said defense attorney Manuel F. Cachan.
General News

Friday, March 8, 2024

The finalized guidance from the SEC represents a significant weakening of its original proposal yet still faces a legal challenge from a coalition of 10 states.