Riverside Business Journal
Friday, January 21, 2022

Friday, January 21, 2022

It's no secret that 2021 was a boom year for all sorts of transactions, including the Boss earning over $500 million for the rights to his catalogue.
In October 2021, I walked into my office in downtown San Francisco after 18 months of working from home. What I had learned was that though the pandemic taketh, it also giveth.

Thursday, January 20, 2022

The U.S. Supreme Court's ruling striking down the Occupational Safety and Health Administration's vaccine rules is an ominous beginning for the court's 2022 rulings.
Based on what we know from other countries hit by omicron, a steep rise in new cases typically lasts one month and then begins to plummet.

Wednesday, January 19, 2022

As Californians digest the practical implications of the bill, reconciling Senate Bill 9 with existing housing laws, including laws pertaining to accessory dwelling units, remains a challenge.
The California Division of Occupational Safety and Health has voted to adopt a new set of COVID-19 emergency temporary standards which took effect January 14 and will be in place to mid-April. Employers should familiarize themselves with the key changes to this standard to ensure compliance.
Politicians, particularly Gov. Gavin Newsom, are fond of touting California policies and programs as the nation's first and/or foremost.
The union found a lawmaker from a coastal agricultural district willing to carry a bill that would allow California farmworkers to vote for a union by mail, instead of in-person secret ballot elections conducted on a grower's property.
The state has tallied nearly 850,000 cases of COVID among kids 0 to 17 since the beginning of the pandemic. Of those, 44 have died — equivalent to an entire school bus filled with kids.

Tuesday, January 18, 2022

On Thursday, the U.S. Supreme Court rejected the Biden administration's effort to turn the Occupational Safety and Health Administration into a public health agency with limitless authority to regulate employers during a pandemic.
Baseball is the first game to be given an exemption under federal law that applies to other businesses. But that may be about to change.
Large school districts, including San Francisco, Oakland, Chicago, Milwaukee, Cleveland and others experiencing COVID-related school closures, could learn a lot from the Los Angeles Unified School District and United Teachers Los Angeles.

Friday, January 14, 2022

The metaverse brings a universe of new intellectual property questions: For example, what about the use of tattoos on avatars? Whether replicating tattoos already present on a person's body or by adding tattoos onto an avatar for a person who does not already have body art — is it copyright infringement?
As trusted community partners, museums and cultural institutions play a significant role in educating the public about the environment and promoting climate resiliency.
Thursday, members of the California Nurses Association were scheduled to hold rallies across the state to demand safe staffing levels and stronger workplace protections — and to denounce a new state rule allowing COVID-positive asymptomatic employees to keep working in facilities with critical staff shortages.
Twenty-nine TV shows have relocated to California after being promised state funds, part of a yearslong effort to fight an exodus of productions from Hollywood.

Thursday, January 13, 2022

2022 marks the 50th Anniversary of Title IX, a groundbreaking federal law that has significantly expanded educational opportunities for women and girls in education and in every facet of society.
The answer is: It depends
Elected officials from both political parties are calling for more tough-on-crime actions, while just one year ago, measures were passed to reduce law enforcement budgets and responses.
Newsom proposed $2 billion to address California homelessness – including $1.5 billion to buy and set up "tiny homes" and other temporary shelter options, which tend to fall far short of need and which he conceded would only be a "bridge" to permanent housing with services.

Wednesday, January 12, 2022

While the United States performs strongly in certain areas, it falls behind in the civil justice and criminal justice categories.
Attorneys have to have many difficult conversations with clients; sometimes it can be tough to get a client to moderate their view or change their position. Here's how a mediator can help .
Centralized health care seems to work fairly well in other developed countries, such as Canada and the United Kingdom, with per capita costs somewhat lower than those in the United States.
Throughout California, as COVID-19 infections deplete their staff of nurses, anesthesiologists and other essential workers, hospitals are canceling or postponing so-called "elective" surgeries to repair injured knees and aching back, remove kidney or bladder stones, and repair cataracts or hernias, among other procedures.

Tuesday, January 11, 2022

Last week, the Central District of California announced the suspension of civil and criminal jury trials.
Sometimes, mediation and/or arbitration simply will not do; you have to get ready for trial.
Proponents in the state Legislature say one solution to inequality is to empower workers to negotiate through unions, but that's not happening in the fast food industry where frequent turnover, inexperience and intimidation make it too difficult for workers to organize.
A new year is upon us, and 2022 means not only the arrival of year three of the coronavirus pandemic (yikes), but also the implementation of hundreds of new laws in California.

Monday, January 10, 2022

In my experience, few large multimillion-dollar fee disputes ever reach trial or arbitration hearing. They settle, like the vast majority of all civil actions do. Many settle before fee expert depositions are even taken. But fact discovery on the issue of fee reasonableness still happens, and fact discovery in large fee disputes can sometimes run into six figures in fees for both sides.
The number of Californians who drive under the influence of drugs or while intoxicated remains high — even amid a global pandemic.
This year's tax filing season is likely to be another challenging one because of pandemic-related tax changes.

Friday, January 7, 2022

What appellate courts have said about Penal Code Section 1170.91
The scariest story I read over the holidays had nothing to do with winter wildfires, the COVID-flu combo or the threat of Russia invading Ukraine.

Thursday, January 6, 2022

In California, the one final judgment rule is primary. However, there are exceptions -- for example, if an order is "collateral" it may also be appealable.
A few "resolutions" for attorneys aimed at fixing five bad habits that are all too common and that can create unnecessary risk of a claim or grievance.
There is truly nothing like experiencing a desert oasis.
In WAG Acquisition LLC v. Flying Crocodile Inc et al, 2-19-cv-01278 (WDWA Dec. 28, 2021), the Court granted defendants' motion to stay pending ex parte reexamination even though the case had already previously been stayed pending inter partes review.

Wednesday, January 5, 2022

Unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by "involuntary." I mean you have no say so, nada, over whether someone records a mechanics lien on your or your client's property.
In a recent appellate decision vacating Purdue Pharma's confirmed chapter 11 bankruptcy plan of reorganization, the U.S. District Court for the Southern District of New York addressed an issue that "has hovered over bankruptcy law for thirty-five years."
There's a water fight brewing on the Kern River.
In a clear sign that the drought persists, California on Tuesday adopted new emergency regulations aimed at stopping residents from wasting the state's precious water.

Tuesday, January 4, 2022

Another coronavirus variant spreading like wildfire, and another huge state budget surplus: In some ways, 2022 is off to a similar start as 2021.
Will try to be optimistic about the future. Sorry, I can only try. But I can be certain about a resolution that is an acknowledgment: Let's note our appreciation for all the staff, the clerks, court reporters, security personnel, research attorneys, and judicial assistants who make (get ready for a cliché) the wheels of justice grind at whatever speed.
The current problem has shown the notification requirements to be weak links in the protections that the CJP, the California Judicial Council, and the State Bar devised in response to a California Supreme Court fiasco in th 1970s.
"Buy now, pay later" online loans are getting attention from both regulators and the credit industry as consumers increasingly turn to them, and they may soon play a bigger role in credit scores.

Monday, January 3, 2022

In 2021 the 9th U.S. Circuit Court of Appeals remained — save only the U.S. Supreme Court — the most important court in the United States when it comes to environmental law.
First, employers must implement processes to properly complete and maintain Forms I-9 for all employees.

Thursday, December 30, 2021

The law and modern lawyering's subtle role in setting forensic standards and a rhetorical tone necessary for democracy should not be underestimated.
Despite the Legislature's declaration and intent, "prompt" and "early" are words rarely used today to describe resolving most SB 800 matters.
Despite gains in education, employment and earnings in recent decades, American women still face a rockier road to secure retirement than men.

Wednesday, December 29, 2021

Through its new DashCorp subsidiary, the delivery service is now using workers to deliver meals in Manhattan, and these workers are — gasp! — employees!
A bevy of new employment-related laws are set to come online in 2022. What follows is an overview of the most significant legislation that goes into effect in the New Year.
Where an elder is both the beneficiary a personal representative of a probate estate, he or she has standing to bring a claim of financial elder abuse in his or her individual capacity.

Tuesday, December 28, 2021

Visit nearly any marijuana dispensary in the country and you will likely be presented with the option to pay with a credit or debit card. In light of the apparent wide acceptance of electronic transactions at many dispensaries, you may be surprised to find that Visa and Mastercard ban cannabis merchants from their platforms.
More than 60% of the program's funding — $18 billion — went to businesses run by women, veterans and historically underserved groups, mostly during an initial 21-day exclusivity period.

Monday, December 27, 2021

The Federal Trade Commission recently released its annual tally of fraudulent calling in FY2021. The FTC received just over 5 million complaints about robocalls, up from 3.9 million complaints in FY 2020.
Airlines are moving to qualify frequent travelers by the money they spend, not the amount they fly.

Thursday, December 23, 2021

The due process notice requirements of motions, orders to show cause, and other filings are often in direct conflict with the patience levels of litigants — and, sometimes, their counsel — to be heard by a court.
The question is whether Jack can establish that FTX's Moon Man is similar enough to Jack's marks and whether dilution is likely.

Wednesday, December 22, 2021

I cannot overstate the importance of having an advocate in court. And the paraprofessional program will help to ensure just that.
In this article, we'll answer the following three questions about the upcoming CPPA rulemaking process: How will this process unfold? What will be the likely substance of the rules? And what's next following issuance of these rules?
Schools throughout the United States engage in this discriminatory practice and it often contributes to the growing student debt crisis this country is facing.
Prosperous plaintiffs' firms need dedicated, hard-working lawyers and staff to operate and grow.
Silicon Valley is now awash with stories of people riding seemingly ridiculous crypto investments like Dogecoin, a digital coin based on a dog meme, to life-changing wealth.
New York Times News Service
Facebook CEO Mark Zuckerberg testifies via videoconference before a hearing of the House Judiciary Subcommittee on Antitrust in Washington, D.C. Wednesday.


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