GUEST COLUMNS
Friday, April 26, 2024
The California Supreme Court has expanded the interpretation of "disclose" under California's whistleblower protection statute, allowing employees to report workplace wrongdoing even if the employer already possesses knowledge of the violation.
The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for California employers, who already face challenges in enforcing arbitration agreements against PAGA actions and other claims.
Thursday, April 25, 2024
Legal questions surround Israel's alleged genocide in Gaza, but is it a crime under international law?
The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative permit conditions and that the practice of exacting property or cash as a development condition is extortion. The County no longer disputes the ruling and hopes for a remand to address the issue.
Wednesday, April 24, 2024
Lawyers need to be aware of the uncertain and variable recovery times of concussion-related mild traumatic brain injuries (mTBI), and avoid early settlements that may not account for the long-term effects and impairments of mTBI.
The Judicial Council's Appellate Advisory Committee is proposing fillable briefs, in a standard format, for appeals to the Appellate Division, which would improve access to justice for self-represented litigants.
Tuesday, April 23, 2024
California has a Planning and Zoning Law that allows for mediation in various types of land use and environmental lawsuits, but this option is rarely used because it is permissive and not mandatory.
Monday, April 22, 2024
The U.S. EPA announced the first-ever national standards for per- and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," in drinking water. The EPA estimates that 6%-10% of public water systems in the U.S., including over 200 in California, will need to take action to meet the new standards within five years.
Thursday, April 18, 2024
The EU's Digital Markets Act, which designates some large online companies and their services as gatekeepers, recently went into effect and will have a significant commercial impact on digital markets in Europe.
The U.S. Supreme Court has clarified the scope of the "transportation worker" exemption under Section 1 of the Federal Arbitration Act - a decision that narrows the scope of the exemption and emphasizes that it should not be interpreted with a sweeping, open-ended construction.
Section 8 of the Clayton Act, a key US antitrust law, prohibits interlocking directorates between competing corporations, but most antitrust lawyers pay little attention to it. Recent actions and speeches by the Department of Justice suggest companies, and legal counsel, should pay closer attention to it.
Tuesday, April 16, 2024
The 9th Circuit Court has extended Lanham Act Section 1119 to cover trademark applications, allowing a plaintiff to invalidate a defendant's applications when there is a lawsuit pending involving the registrations.
Monday, April 15, 2024
The Consumer Financial Protection Bureau (CFPB) has finalized a rule limiting late fees on credit card payments to $8, and the Federal Trade Commission (FTC) is considering a rule limiting overdraft fees to $3. These developments have led to an increase in private litigation against banks, including consumer class actions.
The bill sets strict requirements for pre-deployment safety testing and guardrails for large-scale AI systems, focusing on algorithmic transparency, public safety, information security, and equitable access.
Friday, April 12, 2024
The California Fair Employment and Housing Act aims to provide the greatest protection for individuals with disabilities, and the Martinez case should serve as a reminder for employers to strictly adhere to the law and train their human resource departments and managerial employees.
The case is stalled due to unresolved pretrial motions, which are aimed at delaying the trial until after the 2024 election and could be dismissed due to the Presidential Records Act or wrongful jury instructions, which would prevent Trump from being retried for the same crime.
Thursday, April 11, 2024
CARE Court is a legal process that aims to help individuals with schizophrenia spectrum and other psychotic disorders, but it does not apply to all mental health issues.
In a recent California appellate decision, the majority opinion claimed to support the objectives of arbitration, while the minority opinion criticized California law for not being a friend of arbitration.
Wednesday, April 10, 2024
Companies facing exclusion orders are trying to challenge the International Trade Commission in court or through legislation, but the ITC remains an important option for U.S. patent owners.
The Fearless Foundation, a nonprofit that provides funding and resources for women of color entrepreneurs, is facing a lawsuit from the American Alliance for Equal Rights (AAER), a group that opposes affirmative action and racial preferences.
Article 1, section 8 should be revived and restored to its rightful place. It has been used to challenge sex discrimination in employment and access to certain occupations, but it could also cover persons who are not employees, contractors, interns, or volunteers under the Fair Employment and Housing Act.
Tuesday, April 9, 2024
In Ramirez v. PK, the 1st District Court of Appeal ruled that the Privette doctrine is inapplicable in landlord-tenant relationships. The dissenting justice disagreed, arguing that the Privette doctrine should apply in situations where a lease requires work to be done on the property and the parties contemplate the work being performed by an independent contractor.
The False Claims Act (FCA) saw a record-breaking year in 2023, with 1,212 new cases initiated, a 26% increase over the previous year. The healthcare sector remained a focus of FCA enforcement, accounting for 68% of recoveries.
Monday, April 8, 2024
If Senate Bill 1137 is passed, California would become the first state in the nation to recognize intersectionality in discrimination claims. However, the initiative could crash and burn if Gov. Gavin Newsom deems it unnecessary and vetoes it.
Friday, April 5, 2024
China's foreign direct investment landscape is evolving and there is a potential for resilience and growth through proactive policy implementation, improving geopolitical relations, and lower interest rates.
Conservation groups, led by Wilderness Watch, have sued the National Park Service to halt two projects that aim to regenerate sequoia groves and protect them from wildfires. The court will determine whether NPS's actions are necessary for conservation.
Thursday, April 4, 2024
Wednesday, April 3, 2024
The bill raises concerns about the ethical dilemmas faced by mediators, particularly when they witness attorney misconduct. Practical implications include addressing the definition of "ADR firm" and the oversight of neutrals who are not California attorneys.
Tuesday, April 2, 2024
The Kansas State Young Americans for Freedom sought access to DEI funds, by twice citing an article by Mark B. Baer as a reason to remove DEI fund restrictions.
Monday, April 1, 2024
Surveys find that between 11% and 45% of people experiencing homelessness report eviction as a primary cause of their homelessness.
In Brinkmann v. Town of Southold, the Second Circuit ruled that the taking of private property for a passive park was a pretext for preventing private development. The dissent called it a "fake park," because it contained nothing that one would ordinarily expect to find in a park.
Friday, March 29, 2024
The European Commission has forced Apple to allow iPhone users to directly download apps from the web and install other app stores on their devices. Apple is fighting back.
Thursday, March 28, 2024
Unless and until SB 1264 or a similar bill is passed it appears that public safety officers are generally free to use marijuana off-duty and away from the workplace.
The City of Los Angeles can and should use the California Unfair Competition Law to sue the individuals or companies who resell tee times or abuse the system.
Wednesday, March 27, 2024
Answering yes or no to the IRS question can have significant consequences, as a false or misleading answer could expose the taxpayer to penalties or criminal charges, and the IRS is sharing data and strategies with other countries to find potential crypto tax evasion.
Studies have shown that tough-on-crime laws do not reduce crime rates, but rather increase the number of people in prison, especially people of color. They also create a gap between research and policy and ignore the root causes of crime.
Today's legal notices
