GUEST COLUMNS
Friday, December 8, 2023
Joint filing can be more convenient and can usually save you tax money overall compared to two separate tax filings. But there are potential downsides that can make it wise to think it through.
In any lawsuit even tangentially involving healthcare or a healthcare provider, the plaintiff's attorney should always file within one year to be safe. But MICRA obviously goes far beyond the one-year statute. Even if filed timely, such a holding may have a devastating impact on those seriously injured by the negligent driving of EMT drivers.
If the Court looks to history and evaluates the common understandings of the Founding generation, it should find these attempts by State governments to control content creation and editorial discretion would have been anathema to the free press rights the First Amendment was meant to protect.
Thursday, December 7, 2023
Why a sound business strategy, investor engagement, and strong leadership are the best defense against activism.
Interstate conflicts will play out in venue transfer motions, decisions on choice of law, motions to enforce sister state judgments and law (such as under the Full Faith and Credit clause), discovery battles, and other motions seeking to void or enforce a state's public policy contrary to some other state's policies.
Wednesday, December 6, 2023
The industry standard for pro bono hours – 20 hours per lawyer – is generally ignored by all but the largest law firms, the law firms that live off the fat of the land and can more than afford it.
The Corporate Transparency Act goes into effect Jan. 1, and underscores a paradigm shift – demanding a proactive approach from entities to ensure compliance and contribute to the overarching goals of protecting national security, promoting economic fairness, and fortifying the U.S. financial system against illicit activities.
Tuesday, December 5, 2023
The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financial pressure on school districts. For example, one risk pool that covers schools with 2.85 million students reports that its rates have risen five-fold since the 2015-16 school year.
We all know that A.I. can call up so many more items of information than any human brain can. Some responses to my past columns about A.I. reveal a sanguine mood about its future , and they ask rhetorically, "Can A.I. write an opinion as literate as Cardozo, or write a sonnet as original as Shakespeare?" And my response, "Can anyone else?"
Monday, December 4, 2023
It's relatively easy for lawyers to determine the level of a prospective mediator's knowledge of the territory. But be careful not to let the quest for substantive expertise go too far. I have seen inquiries on listservs along the lines of "Do you know a mediator with expertise regarding red-crested cockateels from Brazil?" Seriously.
Monday, November 27, 2023
As has been the case in many industries, leaders in the legal community have questioned whether it's responsible to implement AI in the legal profession, and if there is even a way to implement AI responsibly. But a journey to enhanced legal service delivery is possible.
In this month's edition of "The Source," we delve into the power of content marketing in the legal field. Discover how to define your audience, choose the right digital channels, create valuable content, showcase your expertise, and maintain consistency. We'll also share tips for crafting compelling legal content and establishing thought leadership through blogging.
Friday, November 24, 2023
Two cases are pending before the California Supreme Court: One involving the learned intermediary doctrine; the other whether California's test for determining whether a party has waived its right to compel arbitration by engaging in litigation remains valid after the United States Supreme Court decision in Morgan v. Sundance, Inc., 596 U.S. 411 (2022).
Ninth Circuit says that investor who failed to stand up and seek lead plaintiff status has no standing to appeal an adverse ruling.
School districts continue to throw illegitimate roadblocks to their responsibility to protect minor students from sexual abuse by their teachers.
Wednesday, November 22, 2023
You have likely heard of the tax concept of constructive receipt. This tax rule only applies to cash basis taxpayers. And regardless of whether they know it, lawyers deal with constructive receipt issues all the time.
Government claims and declaratory relief: Stronghold Engineering Inc. v. City of Monterey. The 6th District ruled that there is a material difference between a judgement that provides an interpretation of a written agreement and a judgment that applies that interpretation to a set of facts.
Tuesday, November 21, 2023
Strategies for minimizing exposure under California Labor Code Sections 218.7 and 218.8.
When a juvenile offender commits a violent and dangerous crime such as murder or predatory sexual assault and that offender is not apprehended until years later, the juvenile system provides a maximum of two years-time in a juvenile facility. After that, the offender must be released, and registering as a sex offender is not required.
Monday, November 20, 2023
There are far too many cases in which the Contractor's State License Board has wrongly failed to suspend related licenses, instead letting the offenders unlawfully maintain related licenses while shirking their responsibility to pay judgments against them.
To succeed in holding these entities liable, the crime must be reasonably foreseeable, giving rise to a duty to protect the public. Foreseeability can be shown by a history of crime on the property and/or surrounding area.
Friday, November 17, 2023
LA County's talc litigation represents a colossal waste of taxpayer-funded time as public lawyers collaborate with private plaintiffs' attorneys, employing outrageous tactics that, in all likelihood, will not succeed for most.
Developments on California Proposition 65: First Amendment, short-form warnings, and food products.
Thursday, November 16, 2023
Practitioners may wish to consider if the relation back doctrine applies to PAGA claims. The court in Hutcheson v. Superior Court, 74 Cal. App. 5th 932 (2022), addressed this very question.
Legal work is very much a team sport these days, and optimally serving clients in complex matters almost always requires a team of individuals with varied skills and expertise.
Wednesday, November 15, 2023
Women's collegiate sports are more popular than ever. A recent volleyball match's attendance even broke a world record for international women's sports, when 92,003 fans filled Nebraska's Memorial Stadium in August 2023 to see the five-time NCAA champion Corn Huskers shut out Omaha 3-0. Positive momentum is occurring off the field for women athletes, as well.
Tuesday, November 14, 2023
California courts define sporting activities broadly. You name it; if it's an activity that requires even a minor amount of exertion, a California court has likely decided that the primary assumption of the risk doctrine applies to that activity. This goes for both contact and non-contact sports.
The credit's popularity unwittingly resulted in an uptick of ERC scamming companies that persistently misinform taxpayers of the very strict requirements that must be met in order to claim the credit.
Monday, November 13, 2023
In Jarkesy, with oral argument scheduled for Nov. 29, the Justices will consider the legality of SEC administrative hearings, in which an in-house administrative law judge (ALJ) considers allegations brought by the SEC's Division of Enforcement pursuant to an Order Instituting Proceedings by the SEC.
Friday, November 10, 2023
Employers may see the trade-off as an opportunity to trim budgets by eliminating jobs that can be done faster and cheaper by AI. But they must understand the legal and HR implications of job automation, including potential job displacement and the need for upskilling or reskilling programs. Employers – whether construction, legal, hospitality, education, or any other industry or profession – must start making changes now.
Practitioners should keep an eye on the case because it has the potential to make it easier for so-called "innocent owners" to recover property that is seized by the government.
Thursday, November 9, 2023
With the recent broadening of the joint employer definition, employers can now be liable for employees, even if they don't directly employ or have control over all aspects of their employment.
Collectively, Assembly Bills 226 and 389 represent a substantial legislative response to the shortcomings of the UC and CSU Systems identified by the State Auditor.
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NEWS
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General News
Friday, December 8, 2023 |
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| Trustee Elissa D. Miller told the court she currently has $19.5 million on hand that will be used to pay back other unsecured creditors, which she noted in a status report last month still has $332 million in unsecured claims. | |
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General News
Friday, December 8, 2023 |
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| The case reached the Supreme Court, which ruled in June that lawsuits implicating the Federal Arbitration Act must be stayed while a defendant seeks interlocutory appeal. | |
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General News
Friday, December 8, 2023 |
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| Edgar Sargsyan, whose law license is now suspended, told prosecutors that he paid another attorney to assume his identity and take the bar exam for him. | |
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General News
Thursday, December 7, 2023 |
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| A consolidated complaint against Rivian, which counts Amazon among its investors, was filed last July, alleging that the electric vehicle maker intentionally underpriced its R1S SUV and R1T pickup trucks before going public. | |
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General News
Thursday, December 7, 2023 |
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| The filmmakers claim that DD3 did not infringe any of Rearden's copyright and are in no way vicariously liable for any infringement even if DD3 is found to have committed wrongdoing. | |
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General News
Thursday, December 7, 2023 |
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| By collecting patients' information "defendant assumed legal and equitable duties to those individuals to protect and safeguard that information from unauthorized access and intrusion," M. Anderson Berry of Arnold Law Firm wrote in the complaint. | |
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General News
Wednesday, December 6, 2023 |
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| "His misconduct, committed in the course and scope of his representation of former President Trump, shocked the conscience of the nation, and is of such exceptional gravity that only disbarment will suffice," State Bar prosecutor Duncan C. Carling wrote. | |
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General News
Wednesday, December 6, 2023 |
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| The Consumer Financial Protection Bureau in November forced Citigroup to pay nearly $26 million in fines and "consumer redress" for intentionally discriminating against credit card applicants who the bank believed were Armenian Americans. | |
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General News
Tuesday, December 5, 2023 |
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| FTC Chair Lina M. Khan, an appointee of President Joe Biden, has a mixed record in blocking mergers but has vowed to keep trying to block corporate acquisitions she believes are not in the public interest. | |
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General News
Tuesday, December 5, 2023 |
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| Assemblyman Ash Kalra was a deputy public defender in Santa Clara County for 11 years. | |
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General News
Tuesday, December 5, 2023 |
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| Trainor Fairbrook in Sacramento practiced real estate law, business litigation and trusts and estates. | |
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General News
Tuesday, December 5, 2023 |
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| According to Michael L. Gabriel, representing himself in a putative class action, Blockas.com demanded that he pay a $5,000 "tax clearance fee" to exchange his loan from Bitcoin to U.S. dollars. | |
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General News
Monday, December 4, 2023 |
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| Gov. Gavin Newsom, the Legislature and former Democratic Party Chair John Burton petitioned the court in September to take the initiative off the ballot. | |
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General News
Monday, December 4, 2023 |
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| "The judge sanctioned us for not giving a detailed enough explanation as to why we disputed whether the plaintiff was injured," said defense attorney Lance D. Orloff of Grant Genovese & Baratta LLP. | |
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General News
Monday, December 4, 2023 |
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| "Defendants failed to set the rates at the lowest possible interest rates, as their agreements with California required," stated the state's complaint, signed by Todd M. Schneider of Schneider Wallace Cottrell Konecky LLP. | |
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General News
Monday, November 27, 2023 |
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| San Diego County held a special election on Nov. 7 and the ballot included a measure to change Fallbrook and Rainbow's water provider. The measure passed with overwhelming support in both districts. But opponents say that the move by some for cheaper water means higher costs for others. | |
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General News
Monday, November 27, 2023 |
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| The panel also approved $21 million in fees for the long running case involving a $30 million loan a Hong Kong billionaire had made to his daughter. | |
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General News
Monday, November 27, 2023 |
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| U.S. District Judge David O. Carter concluded that the tenants' federal suit constituted an improper appeal of a state court judgment and thus was barred by Rooker-Feldman. But the circuit panel disagreed. | |
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General News
Friday, November 24, 2023 |
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| The court's rejection of the city's writ of certiorari does not mean the city will lose its underlying lawsuit against the operators, but the case will have to go to trial. | |
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General News
Friday, November 24, 2023 |
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| "It's taken tremendous courage and strength for Jane Doe to bring this case and we are very proud to represent her and the certified class," Susman Godfrey LLP partner Krysta Kauble Pachman said. | |
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General News
Friday, November 24, 2023 |
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| The case concerns a crude oil refinery in Paramount that began converting to biofuel operations in 2011. AltAir Paramount, the owners of the site and a real party in interest in the case, modified the site to process biofuels, with all crude oil operations ceasing in 2017. | |
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General News
Wednesday, November 22, 2023 |
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| In October 2015, the defendant asked South Korean company Wookyung MIT for $5 million in cash for a contract that was supposed to be awarded through a competitive bidding process, the U.S. Department of Justice said. | |
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General News
Wednesday, November 22, 2023 |
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| The founders of Frost LLP said the idea of building a firm began decades ago in law school. | |
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General News
Wednesday, November 22, 2023 |
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| According to the lawsuit, the defendants approached Black Angus with a pitch to use its restaurants as ghost kitchens — an arrangement where a restaurant's kitchen processes to-go orders for a separate brand. | |
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General News
Tuesday, November 21, 2023 |
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| The argument by Felix Shafir of Horvitz & Levy LLP targeted what he said was an incorrect interpretation of a 2022 U.S. Supreme Court decision, Viking River Cruises Inc. v. Moriana. | |
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General News
Tuesday, November 21, 2023 |
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| Newell Law Firm attorneys say early careers outside the legal profession give them an edge. | |
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General News
Tuesday, November 21, 2023 |
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| The matter is related to multiple coordinated lawsuits against Liberty Utilities, many of which were filed in Mono County. Los Angeles Judge Kenneth R. Freeman is presiding over the coordinated proceedings. | |
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General News
Monday, November 20, 2023 |
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| The Center for Biological Diversity claimed the government has allowed four-decade-old development plans to proceed in an area of the ocean off Huntington Beach. | |
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General News
Monday, November 20, 2023 |
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| Neutral Robert Mann says he's not paid to just say what people want to hear | |
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General News
Monday, November 20, 2023 |
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| "That will free up money for professional fees and for the estate to continue to function. It won't have to reserve such a large amount," said attorney Ronald N. Richards of Beverly Hills, who represents trustee Elissa D. Miller. | |