Riverside Business Journal
Monday, March 04, 2024
GUEST COLUMNS

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.

Friday, February 16, 2024

The music industry may have to adapt to the rise of AI-generated works by focusing on live performances, fan experiences, and other aspects that AI cannot replicate.

Thursday, February 15, 2024

The Tax Relief for American Families and Workers Act of 2024 includes a provision that would exclude from federal income tax any compensation received for losses, expenses, or damages related to a qualified wildfire disaster.
Human composting reduces the environmental impact of death by saving land, fuel, and carbon dioxide emissions, and can also be used to fertilize plants.

Wednesday, February 14, 2024

Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listening to their stories and perspectives.
The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can use other tools to efficiently manage such claims.

Tuesday, February 13, 2024

The Tax Cuts and Jobs Act of 2017 increased the lifetime estate and gift tax exemptions, but this provision is set to expire by the end of 2025 unless Congress intervenes.

Monday, February 12, 2024

The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission, urging the Supreme Court to grant Musk's cert petition and strike down SEC's "Gag Rule."
Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.

Friday, February 9, 2024

The IRS is offering conditional partial amnesty for improperly-claimed employee retention tax credits. Companies should consider it.

Thursday, February 8, 2024

The difference between legitimate tax avoidance and tax evasion is critical. The arguable "loan debt" may have been concocted by Donald Trump as a fictional way of avoiding income taxes.
The use of stay or pay clauses may decline in the future due to increased regulatory scrutiny. Until then, employees should be aware of such clauses in their employment contract.
PDAAs have given arbitration an undeserved bad reputation. Here is the way to fix the problem.

Wednesday, February 7, 2024

Multiple new laws related to housing development go into effect this year, and could finally bring a much-needed boost to a state plagued by a dearth of affordable housing.

Tuesday, February 6, 2024

To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County's general-plan, zoning-ordinance and permitting-process regulations. And those local regulations have evolved significantly over the years.
Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases holding that the only duty sporting coparticipants owe each other is the duty to not increase the inherent risks of the activity.
Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are entitled to recover the attorneys' fees incurred in defending against claims against the payment bond.
When it comes to the words in the 'George Carlin: I'm Glad I'm Dead' special, there could be a potential violation of the derivative work right that is exclusive to copyright owners regardless of whether AI output them or they were human-written.

Monday, February 5, 2024

US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses across the country, especially those that classify large numbers of their workers as independent contractors. Luckily, California will be less impacted.

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