Riverside Business Journal
Thursday, January 16, 2025
GUEST COLUMNS

Thursday, January 16, 2025

The IRS and California FTB have extended tax deadlines and Section 1031 exchange periods to October 15, 2025, providing relief to Los Angeles County residents and businesses impacted by devastating wildfires.
Aerial firefighting, combining air tankers, helicopters, and tactical aircraft, is a critical yet dangerous endeavor often disrupted by illegal drone activity, which jeopardizes firefighting efforts, endangers lives, and underscores the importance of strict adherence to FAA regulations.

Wednesday, January 15, 2025

In the wake of the Southern California wildfires, property owners filing insurance claims should know California laws offer expanded coverage options, including combined dwelling/structure limits, relaxed personal property documentation, extended loss-of-use benefits, and protection against policy cancellations, with state and federal aid available for those uninsured or underinsured.
With financial fraud on the rise, consumers and legislators are expecting more from banks.

Tuesday, January 14, 2025

The U.S. Supreme Court heard L.W. v. Skrmetti on Dec. 4, challenging Tennessee's ban on gender-affirming hormone therapy for minors, part of a broader wave of anti-transgender laws since 2021 aiming to restrict trans rights.
In the recent cases of Shayan and Saraye, California courts addressed the application of laches and statute of limitations in family law, clarifying that while money judgments for attorney fees are enforceable without renewal, laches may apply to child support reimbursements if pursued too late.

Monday, January 13, 2025

In 2024, the California Supreme Court clarified key insurance law issues, rejecting COVID-19 property damage claims, addressing continuous injury coverage, and reinforcing rules on ambiguity and policyholder expectations.

Friday, January 10, 2025

The California Court of Appeal's Leeper decision empowers employers to compel arbitration of individual PAGA claims, even in cases seeking only non-individual penalties, streamlining PAGA litigation.
The Supreme Court's denial of petitions keeps the California Clean Air Act waiver intact, but California's vehicle regulation journey is about to get bumpier.

Thursday, January 9, 2025

Proposition 65 updates, which went into effect Jan. 1, require naming chemicals in warnings, clarifying online and food labeling, add vehicle parts guidelines, and give businesses three years to comply.
California's Senate Bill 940 expands arbitration discovery rights, requires more consumer protections, and may reduce the cost-effectiveness of arbitration, prompting businesses to reconsider its use for dispute resolution.

Wednesday, January 8, 2025

California's new 2025 legislation reforms summary judgment deadlines, unlawful detainer procedures, and triple net expense protections for "qualified commercial tenants."
When California state Sen. Scott Wiener introduced the nation's most ambitious AI safety bill last year, it became a flashpoint in the debate over how to govern artificial intelligence.
In Hernandez v. City of Stockton, the California Court of Appeal ruled that a pedestrian's lawsuit was barred because his government claim, which cited an "uplifted sidewalk," did not match the actual condition--a hole from an empty tree well--highlighting the need for precise claims against public entities.

Tuesday, January 7, 2025

Taking a cue from Edward Bulwer-Lytton's much maligned opening sentence, your columnist is on the hunt for legal submissions that stand out for all the wrong reasons, with prizes for the best submissions.
As we advance college athletes' compensation rights, we must protect our players from exploitative pay-for-play schemes that threaten their careers in this evolving NIL landscape.

Monday, January 6, 2025

Seasoned attorneys can bring out the best in their baby lawyers with these tips for understanding and guiding them through that overwhelming first year.
California law offers military and mental health diversion programs to help veterans accused of crimes access rehabilitation instead of prosecution, with recent expansions allowing felony-level military diversion starting Jan. 1, 2025.

Friday, January 3, 2025

Under President Joe Biden, the U.S. and Turkey, both seasoned practitioners of "back channel" diplomacy, achieved a remarkable diplomatic feat with the release of American hostages held in Russia. Yet, it seems the world remains largely unaware--or indifferent--to the achievement.

Thursday, January 2, 2025

California's Racial Justice Act aims to eliminate racism from criminal courts, but recent judicial bias cases reveal the need for stronger oversight and accountability measures.
When attorneys scored a complete victory against Elon Musk's $56 billion Tesla pay package, Chancellor McCormick faced a novel challenge: how to award fees that would reward the win while avoiding an unprecedented windfall.

Tuesday, December 31, 2024

Starting Jan. 1, 2025, California's SB 399 will ban employers from penalizing workers for skipping meetings on political or religious views, expanding protections beyond union discussions to prevent coercion and safeguard workers' rights.
As Trump eyes extending his 2017 tax cuts, a $35 trillion national debt and mounting social costs pose critical challenges, creating a tension between his tax reduction goals and our nation's pressing needs.

Monday, December 30, 2024

A Trump-Musk administration may end federal EV tax credits and emission regulations while California imposes stricter oversight of autonomous vehicles, creating jurisdictional conflicts over electric car policy in 2025.
California's new Corporate Climate Data Accountability Act mandates large businesses to report Scope 3 greenhouse gas emissions by 2027, pushing companies toward greater environmental transparency and supply chain collaboration.

Friday, December 27, 2024

The federal government often avoids taking responsibility for actions that affect property owners, leading to prolonged litigation. A recent case, Ideker Farms, LLC. v. United States, highlights this issue
President-elect Donald Trump's recent interest in purchasing Greenland, met with mockery and Denmark's refusal to sell, has spurred speculation about possible U.S. annexation, with legal experts citing historical precedents and military considerations as potential justification despite anticipated legal and cultural challenges.

Thursday, December 26, 2024

The 2024-2025 Supreme Court term will tackle key intellectual property cases, including issues of personal jurisdiction in patent disputes, trademark infringement damages, regulatory safe harbor for patented activities, and Federal Circuit procedures.
The 5th Circuit found that the diversity rules were not a disclosure requirement but a public-shaming penalty, and concluded that the rules were unrelated to the purposes of the Exchange Act.

Tuesday, December 24, 2024

The California Court of Appeals upheld a summary judgment in favor of a shopping center and its janitorial service, ruling that their regular inspections, including one just 8-9 minutes before the incident, were sufficient to meet their duty of care and there was no evidence of notice of the hazard.
Year-end is a stressful period with significant tax considerations, especially for law firms and individuals operating on a calendar year basis.

Monday, December 23, 2024

The Federal Communications Commission moved to permanently block calls from 2400 carriers that failed to tackle robocalls.
As smart contract adoption grows, arbitration provides an effective mechanism for resolving related disputes, aligning with the needs of modern digital commerce.

Friday, December 20, 2024

Franz Kafka's work, shaped by his legal background, offers timeless lessons for lawyers and judges, urging us to avoid the Kafkaesque--an opaque, irrational, and bureaucratic legal system that alienates and confuses those it is meant to serve.
A legal battle in Sacramento over a 500-foot radio tower pits CapRadio, claiming ownership based on a 1990 agreement, against KVIE, which argues the agreement expired. The outcome could impact both broadcasters' finances and the importance of clear wireless lease terms.

Thursday, December 19, 2024

While President-elect Trump has not specifically commented on corporate crime, there is speculation that DOJ programs like whistleblower rewards might be revised or removed, whereas longstanding corporate compliance and enforcement policies may remain largely unchanged.
California's 2025 ADR certification may mislead consumers about competence, exclude skilled solo practitioners, and create confusion by focusing on ethical standards without assessing expertise.

Wednesday, December 18, 2024

ABC News' $15 million settlement of a weak defamation suit with Donald Trump, coupled with an apology, undermines press freedom, emboldens frivolous lawsuits, and perpetuates the troubling notion that Trump operates above the rule of law.
Addressing the crisis of excessive and unconstitutional sentences requires systemic reform and proper funding for legal representation to ensure post-conviction relief becomes a reality, not an exception.

Tuesday, December 17, 2024

Preparation is key to success in mediation, just as it is in trial, requiring thorough briefing, pre-mediation conferences, client readiness, and creative solutions to achieve favorable and lasting outcomes.
The California Supreme Court's decision in Quach v. California Commerce Club (2024) eliminated the decades-old arbitration-specific burden requiring proof of prejudice for waiver, aligning arbitration agreements with standard contract principles and placing the focus solely on whether the party seeking to compel arbitration knowingly and intentionally relinquished their right.
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