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.
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