GUEST COLUMNS
Friday, May 10, 2024
California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed annually. The main causes of these accidents are driver distraction and inattentiveness, speeding, and disregarding crosswalks.
Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves interviewing the parties and witnesses, obtaining relevant documents, reaching a reasonable conclusion, and writing a report.
Thursday, May 9, 2024
Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data to drive decision-making, risk mitigation, and strategic choices.
The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as it incentivizes employees to bypass them and go directly to the government.
The California Supreme Court will decide in the coming weeks whether to remove a sweeping anti-tax measure from the November ballot, blocking an effort to increase the requirements for implementing taxes, fees and other government charges in the state before voters have a chance to weigh in.
Wednesday, May 8, 2024
A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, and that the Privette doctrine does not protect a hirer from liability if a hirer retained control over the worksite and negligently exercised that control.
The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially undermining its soft power. Instead of outright removal or banning, politicians should consider a softer, rule-based approach and conduct awareness campaigns to discourage users from using the platform.
Tuesday, May 7, 2024
The ruling could have broader implications for future state legislation that attempts to supersede charter cities' authority over municipal affairs, such as land use and zoning.
The California Supreme Court recently clarified which hours are compensable for employees in the case of Huerta v. CSI Electrical Contractors, and highlighted the importance of employer "control" over employee activities in determining compensation.
After Jerry Brown became governor of California for the first time nearly a half-century ago, he declared that the state had entered "an era of limits."
Monday, May 6, 2024
If the economy slows and consumers stop spending, underlying CRE demand will decline, and a great many legal disputes will follow.
After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and inclusion for the incident, as well as individuals from historically marginalized groups. The bridge collapse was due to bias, but not of the type related to civil rights categories.
Friday, May 3, 2024
The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including family law cases. Sanchez held that experts can rely on hearsay in forming their opinions, but they cannot relate case-specific facts asserted in hearsay statements unless they are independently proven by competent evidence or are covered by a hearsay exception.
Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Vernon narrowly escaped disincorporation in 2011 following accusations of corruption.
Wednesday, May 1, 2024
Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping exist. Such time, place, and manner restrictions are and should continue to be permissible.
The Supreme Court's recent ruling in Macquarie, which clarified Section 10(b) and Rule 10b-5, is unlikely to have a significant impact on securities litigation.
Tuesday, April 30, 2024
When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contest wills; the burden of proof; the impact of a no contest clause; and appeals.
Monday, April 29, 2024
The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away corporations and people from California due to its hostile business climate.
The law is evolving on the issue of squatters' use of fake leases, but courts are likely to use their equitable power to prevent such deceptive behavior.
Friday, April 26, 2024
The California Supreme Court has expanded the interpretation of "disclose" under California's whistleblower protection statute, allowing employees to report workplace wrongdoing even if the employer already possesses knowledge of the violation.
The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for California employers, who already face challenges in enforcing arbitration agreements against PAGA actions and other claims.
Thursday, April 25, 2024
Legal questions surround Israel's alleged genocide in Gaza, but is it a crime under international law?
The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative permit conditions and that the practice of exacting property or cash as a development condition is extortion. The County no longer disputes the ruling and hopes for a remand to address the issue.
Wednesday, April 24, 2024
Lawyers need to be aware of the uncertain and variable recovery times of concussion-related mild traumatic brain injuries (mTBI), and avoid early settlements that may not account for the long-term effects and impairments of mTBI.
The Judicial Council's Appellate Advisory Committee is proposing fillable briefs, in a standard format, for appeals to the Appellate Division, which would improve access to justice for self-represented litigants.
Tuesday, April 23, 2024
California has a Planning and Zoning Law that allows for mediation in various types of land use and environmental lawsuits, but this option is rarely used because it is permissive and not mandatory.
Monday, April 22, 2024
The U.S. EPA announced the first-ever national standards for per- and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," in drinking water. The EPA estimates that 6%-10% of public water systems in the U.S., including over 200 in California, will need to take action to meet the new standards within five years.
Thursday, April 18, 2024
The EU's Digital Markets Act, which designates some large online companies and their services as gatekeepers, recently went into effect and will have a significant commercial impact on digital markets in Europe.
The U.S. Supreme Court has clarified the scope of the "transportation worker" exemption under Section 1 of the Federal Arbitration Act - a decision that narrows the scope of the exemption and emphasizes that it should not be interpreted with a sweeping, open-ended construction.
Section 8 of the Clayton Act, a key US antitrust law, prohibits interlocking directorates between competing corporations, but most antitrust lawyers pay little attention to it. Recent actions and speeches by the Department of Justice suggest companies, and legal counsel, should pay closer attention to it.
Tuesday, April 16, 2024
The 9th Circuit Court has extended Lanham Act Section 1119 to cover trademark applications, allowing a plaintiff to invalidate a defendant's applications when there is a lawsuit pending involving the registrations.
Monday, April 15, 2024
The Consumer Financial Protection Bureau (CFPB) has finalized a rule limiting late fees on credit card payments to $8, and the Federal Trade Commission (FTC) is considering a rule limiting overdraft fees to $3. These developments have led to an increase in private litigation against banks, including consumer class actions.
The bill sets strict requirements for pre-deployment safety testing and guardrails for large-scale AI systems, focusing on algorithmic transparency, public safety, information security, and equitable access.
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NEWS
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General News
Friday, May 10, 2024 |
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| A Swiss commodities trader accused of helping Russian oil companies evade sanctions accused Baker & Hostetler LLP and a partner of legal malpractice and breach of fiduciary duty in a complaint filed Monday in Los Angeles. | |
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General News
Friday, May 10, 2024 |
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| When it comes to sheer resilience, few, if any, species can match the tiny Devils Hole pupfish. | |
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General News
Friday, May 10, 2024 |
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| WASHINGTON — President Joe Biden is warning that a new surge of cheap Chinese products poses a threat to American factories. There is little sign of one in official trade data, which show that Chinese steel imports are down sharply from last year and that the gap between what the United States sells to China and what it buys is at a postpandemic low. | |
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General News
Friday, May 10, 2024 |
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| The Biden administration has been racing this spring to finalize a slew of major environmental regulations, including rules to combat climate change, a first-ever ban on asbestos and new limits on toxic chemicals in tap water. | |
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General News
Friday, May 10, 2024 |
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| The City of Los Angeles engaged in "backroom machinations" to save the home where Marilyn Monroe committed suicide from demolition even though it doesn't meet the criteria to be designated a historic cultural monument, a new lawsuit claims. | |
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General News
Friday, May 10, 2024 |
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| Children often learn their first lessons about money from the adults they're closest to. Whether it's listening to parents discuss a purchase or watching them pay bills online, kids are observant and their relationship with money is often shaped by what surrounds them. If you are a parent looking to instill financial wisdom in your children, here are some ways to get started. | |
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General News
Thursday, May 9, 2024 |
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| Few West Coast universities rival the pomp of the University of Southern California's commencements. Flags fly. Trumpets blare. Tens of thousands of relatives from around the world fill the Los Angeles campus, cheering for newly minted alumni. There are catered luncheons under chandeliers and Very Important Speakers: Kevin Feige, the president of Marvel Studios, took the stage last year to the "Avengers" theme song before delivering the commencement address. | |
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General News
Thursday, May 9, 2024 |
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| Attorneys for a Pasadena photographer who sued a celebrity tattoo artist over the use of a portrait of jazz icon Miles Davis said the case is "far from over" despite a federal judge's decision last week to deny their client's bid to reopen proceedings. | |
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General News
Thursday, May 9, 2024 |
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| A product liability lawsuit accusing 10 of the nation's biggest cosmetic manufacturers and retailers, including CVS Pharmacy, Inc. And Target Corp., of knowingly selling toxic dry shampoo is likely headed to trial after both parties' attorneys told a San Francisco judge Tuesday that a settlement was unlikely at this point. | |
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General News
Thursday, May 9, 2024 |
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| Perhaps you remember the commercials: images of the glittering blue Pacific, the majestic peaks of Yosemite, storybook vineyards and ancient redwoods stretching toward the sky. | |
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General News
Wednesday, May 8, 2024 |
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| LOS ANGELES — Actor Owen Wilson chatted with artist Ed Ruscha. Artist Kara Walker spoke of art and activism. k.d. lang brought the house down singing "Hallelujah." | |
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General News
Wednesday, May 8, 2024 |
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| LOS ANGELES — Disney reported strong earnings Tuesday, driven in part by a surprise profit at its flagship streaming service — a first. But investors responded nervously to a coming slowdown at Disney theme parks, which have recently been the company's primary growth engine. | |
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General News
Wednesday, May 8, 2024 |
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| Paramount's proposed merger with Skydance has been the most tumultuous media deal in years. Now it has taken yet another turn after the exclusivity period for negotiations expired without an agreement in hand. | |
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General News
Wednesday, May 8, 2024 |
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| Coinbase and its CEO were hit with a proposed class action for allegedly trading in unregistered securities as the cryptocurrency platform is defending similar claims by the U.S. Securities and Exchange Commission. | |
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General News
Tuesday, May 7, 2024 |
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| Elon Musk, CEO of Tesla, blindsided competitors, suppliers and his own employees this past week by reversing course on his aggressive push to build electric vehicle chargers in the United States, a major priority of the Biden administration. | |
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General News
Tuesday, May 7, 2024 |
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| Business groups claiming that California's plan to compel companies to disclose their emissions and report climate risks are contrary to federal law and the constitution have filed an opposition motion in response to the state's attempts to dismiss the case. | |
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General News
Tuesday, April 30, 2024 |
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| A group of charter cities had challenged the law, claiming it unlawfully encroached on their planning powers. | |
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General News
Tuesday, April 30, 2024 |
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| The legal strengths of Rushing McCarl LLP's cofounders make them a formidable duo. | |
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General News
Tuesday, April 30, 2024 |
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| One user accrued $6,200 in costs making in-app purchases to advance further in the game, according to court records. | |
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General News
Monday, April 29, 2024 |
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| The U.S. Equal Employment Opportunity Commission was accused of being "inappropriately partisan" in its bid to file an amicus brief on behalf of job applicants suing Workday Inc. for alleged discrimination through artificial intelligence tools. | |
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General News
Monday, April 29, 2024 |
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| The FCC voted 3-2, along partisan lines, to bring back net neutrality rules that were first adopted in 2014 when President Barack Obama was president and then eliminated by the agency when Republicans had control after former President Donald Trump was elected. | |
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General News
Friday, April 26, 2024 |
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| The new element is expected to allow for the development of 79 housing units, 47 of which must be affordable to low- and very low-income households. | |
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General News
Friday, April 26, 2024 |
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| "In view of the record in totality, no reasonable person would believe that Judge Bryant-Deason had any racial animus," wrote Orange County Superior Court Assistant Presiding Judge Cheri T. Pham. | |
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General News
Friday, April 26, 2024 |
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| "Instead of complying with its legal obligations, Anthem foists onto hospital personnel Anthem's responsibility to perform … managed care tasks that California law requires of Anthem," the complaint read. | |
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General News
Thursday, April 25, 2024 |
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| "The controller seeks to expand the scope of his authority under the charter beyond all reasonable bounds in a politically motivated attempt to avoid an ongoing disagreement between the controller's office and other elected officials and to harass a private entity merely by virtue of the entity's independent subcontractor relationship with another contractor of the City of Los Angeles who maintains a contract with the Mayor of Los Angeles," Eduardo E. Santacana wrote in Urban Alchemy's complaint. | |
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General News
Thursday, April 25, 2024 |
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| The lawsuit is the latest to claim that the city adopted a handful of ordinances related to the airport for the purpose of lowering noise pollution in response to public outcry. | |
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General News
Thursday, April 25, 2024 |
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| WheelImage Corp. claimed two of its former employees violated a nondisclosure agreement and shared confidential manufacturing techniques and technology to design a wheel brand, AL13, with their new employer, Axial Manufacturing. | |
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General News
Wednesday, April 24, 2024 |
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| This is the second bias lawsuit the law firm has faced since the release of emails that showed former partners making offensive racist, sexist and homophobic comments. | |
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General News
Wednesday, April 24, 2024 |
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| Bellwether cases for phase two of the proceedings will be drawn from a pool of 30 initial cases, the court ruled – up from an initial pool of 12 cases in phase one. | |
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General News
Tuesday, April 23, 2024 |
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| The company allegedly withheld some orders to extract a higher price from customers. | |
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General News
Tuesday, April 23, 2024 |
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| The first trial of dozens of lawsuits is scheduled for October 2025. The companies argue that the plaintiffs' claims are barred by the First Amendment and Section 230 of the Communications Decency Act. | |
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General News
Tuesday, April 23, 2024 |
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| Proponents of the measure claim Attorney General Rob Bonta's title for the measure is prejudicing prospective signatories against it. | |
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General News
Wednesday, May 8, 2024 |
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| Attorneys defending Amazon's movie studio countered infringement claims over its 2024 "Road House" remake by accusing the plaintiff author of making false representations to the U.S. Copyright Office prior to the federal complaint's filing. | |
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General News
Monday, May 6, 2024 |
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| Attorneys say neutral Peter Marx applies an especially effective human touch. | |
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General News
Monday, April 29, 2024 |
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| Judicate West neutral Peter Searle isn't afraid to discuss case values with parties. | |