Riverside Business Journal
Saturday, June 15, 2024
GUEST COLUMNS

Thursday, June 13, 2024

The Legislature has not created an evidentiary privilege for collaborative law as it has for mediation. For those opting for collaborative law and desiring confidentiality, it's advisable to craft a legally binding contract that explicitly ensures confidentiality throughout the process.
The jury in New York made clear that no one, not even a former president, is above the law.
Private equity funds that contemplate an NAV facility should work with legal counsel and advisors who can help them navigate the complex and nuanced aspects of NAV-based lending, such as the review of governing and financing agreements, the negotiation of valuation and covenant terms, and the mitigation of associated risks and costs.
Uber on Monday lost its long-running attempt to overturn a California law that would require it to provide employment rights to its drivers and delivery workers.
Even though Los Angeles Unified dropped its COVID vaccine mandate for school staff almost a year ago, a lawsuit accusing the district of violating workers' rights can still move forward, the U.S. 9th Circuit Court of Appeals ruled on Friday.

Wednesday, June 12, 2024

A white teacher in Sacramento County has sued his union for reserving one seat on its governing board for a non-white member, and highlights the controversy surrounding diversity, equity, and inclusion (DEI) policies. The constitutional solution appears to be clear – with more than enough qualified candidates of color to make race-based determinations obsolete.
California is facing a retail theft and fentanyl crisis, but the proposed solutions by politicians in Sacramento fall short of solving the problem.
In "1984," George Orwell's novel about a dystopian future, he describes "newspeak," a propagandistic language of euphemisms and inversions used by officialdom to mask the reality of their meaning.
California has a rich and complex history. With that, comes a responsibility to acknowledge and address the painful legacy of slavery.

Tuesday, June 11, 2024

The report fails to provide verifiable data or specific analysis to justify its proposals, and in some cases, contradicts its own facts and findings.

Monday, June 10, 2024

Tax professionals can play a vital role in clarifying the taxation of damages and legal fees, assessing tax gross-up assertions, unraveling complexities in tax-related investments, and pinpointing tax reporting inaccuracies.
Lawyers who face ethical dilemmas when dealing with clients who propose or commit illegal acts may consult their firm's in-house or outside counsel specializing in liability issues.

Friday, June 7, 2024

The Taxpayer Protection and Government Accountability Act, an anti-tax initiative, is likely to pass in November, which could lead to the demise of Los Angeles' mansion tax. The California Supreme Court is currently deciding whether voters may weigh in on a ballot measure.
The Camp Lejeune Justice Act of 2022 allows lawsuits against the government for injuries caused by contaminated water, but plaintiffs must produce evidence showing that the water contamination caused their harm. This may require hiring expensive experts and accessing scientific studies that are still under review.
Every tax season hundreds of thousands of Californians are hit with an unexpected bill: They owe hundreds of dollars or more to the IRS because they accepted more money in subsidies for health insurance than they were allowed.

Wednesday, June 5, 2024

The "cleaned up" citation format, proposed by attorney Jack Metzler in 2017, has gained popularity in legal writing, with nearly 100 California opinions using the signal.
The IRS has stepped up enforcement efforts against mills that prepared inflated or illegitimate Employee Retention Credit claims. Taxpayers can take corrective action by withdrawing or amending their claims, and taxpayers with valid pending claims can file a lawsuit against the IRS.

Tuesday, June 4, 2024

California is facing a crisis as insurance companies are leaving the state due to the increasing frequency and severity of climate-related disasters. The insurance industry must be allowed to use "forward-looking" models to calculate premiums and spread the risk of disasters without encouraging risky behavior.
The Court ruled that challenges to a re-districting map must establish that "race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district." The Court further noted that the Fourteenth Amendment prohibits a state from engaging in racial gerrymandering unless it satisfies strict scrutiny.
The man who would finally break up California is a real estate developer from Rancho Cucamonga.

Monday, June 3, 2024

The court's decision could have significant repercussions for the southern California landlord-tenant legal landscape.
Governments have been trying to stay ahead of the specific concerns AI raises in the employment context, but there is still relatively little federally mandated guidance for employers. Employers should remain aware of relevant AI-related regulations in any state where employees are located and develop internal ethical guidelines.
Self-regulation is a messy business. In politics, it can seem elusive.

Tuesday, May 28, 2024

Adopting the European model of antitrust law could harm California's economy, especially its technology industry and its startup ecosystem by punishing the mere possession of monopoly power and forcing platforms to share their valuable assets with rivals.
Seven years ago, California's Supreme Court declared broad support for the historic right of voters to make law through the initiative process.
In March 2023, Gov. Gavin Newsom stood before a crowd in Sacramento's Cal Expo event center and made a promise: He'd send 1,200 tiny homes to shelter homeless residents in the capital city and three other places throughout the state.

Friday, May 24, 2024

The proposed federal tax hikes will hit harder in California than in some other states, as California already has the highest state income tax rate in the nation, which applies to both ordinary income and capital gains.
When Gov. Gavin Newsom unveiled a much-revised 2024-25 state budget this month, he became visibly irritated when reporters pressed him about raising taxes to cover a $44.9 billion deficit, particularly the corporate tax hikes that left-leaning groups have suggested to avoid spending cuts in health, welfare and education programs.
Based on their line of questioning, California Supreme Court justices seemed to be reaching for a compromise as they heard oral arguments Tuesday in the long-running legal saga over whether gig workers should be considered independent contractors or employees.
Special interest groups spent more than $114 million to lobby California officials and legislators in the first quarter of this year, matching the pace last year when a record $480 million was spent to influence state policy decisions.
Few places in California are as unforgiving for driving an electric car as the remote and sparsely populated Imperial Valley.

Thursday, May 23, 2024

The U.S. Supreme Court has, for now, allowed claimants to recover damages for acts allegedly occurring more than three years before their lawsuit.

Wednesday, May 22, 2024

The California State Bar is considering adding privacy law as a new area of legal specialization, which would require lawyers to demonstrate a broad-based and comprehensive experience in the area of specialty, complete 36 hours of LSCLE every three years, and recertify every five years.

Tuesday, May 21, 2024

A defense is available to employers when it comes to section 226 premium penalties, based on dictionary definitions of "knowing" and "intentional" and the legislative history of section 226. The court also made the good faith defense available where the employer's obligations are genuinely uncertain, but not where there is a failure to comply with well-established law.
As Gov. Gavin Newsom and state legislators spend the next few weeks fashioning a state budget that's plagued by a multibillion-dollar deficit, they can't count on a booming economy to make their task easier.

Monday, May 20, 2024

The court's decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment applies only to law-abiding citizens.

Thursday, May 16, 2024

The VA Loma Linda Healthcare System in California is at the forefront of healthcare technology, including digital pathology, which expedites the diagnosis of diseases like cancer. The system has been integrated into select VA facilities across the country, thanks to a $4 million grant from the Department of Veterans Affairs.
The Biden administration recently revised Title IX regulations that govern how colleges and universities handle sexual assault allegations. The new rules, which will take effect in August, modify some of the controversial aspects of the Trump-era rules.
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