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.