Riverside Business Journal
Saturday, May 25, 2024
GUEST COLUMNS

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.

Wednesday, May 15, 2024

The DeVillier v. Texas case highlights the need for government officials to act in good faith when dealing with citizens' constitutional rights, and the need for government lawyers to seek justice, not just convictions.

Tuesday, May 14, 2024

Being nominated to the US Supreme Court is not an honor worth pursuing, as it involves lying, politicization, and elitism.
State education officials are intervening to force San Francisco's school system to clean up its financial mess: a chronic budget deficit that could make it insolvent.

Monday, May 13, 2024

Businesses and workers lose more than $50 billion each year to workplace misconduct, but it doesn't have to be this way.
State utility regulators decided Thursday to let California's largest power providers stick their customers with a new monthly flat fee in exchange for a reduction in the overall price of electricity, a controversial change to the way that millions of households pay their utility bills with weighty implications for state climate change policy.

Friday, May 10, 2024

California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed annually. The main causes of these accidents are driver distraction and inattentiveness, speeding, and disregarding crosswalks.
Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves interviewing the parties and witnesses, obtaining relevant documents, reaching a reasonable conclusion, and writing a report.

Thursday, May 9, 2024

Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data to drive decision-making, risk mitigation, and strategic choices.
The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as it incentivizes employees to bypass them and go directly to the government.
The California Supreme Court will decide in the coming weeks whether to remove a sweeping anti-tax measure from the November ballot, blocking an effort to increase the requirements for implementing taxes, fees and other government charges in the state before voters have a chance to weigh in.

Wednesday, May 8, 2024

A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, and that the Privette doctrine does not protect a hirer from liability if a hirer retained control over the worksite and negligently exercised that control.
The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially undermining its soft power. Instead of outright removal or banning, politicians should consider a softer, rule-based approach and conduct awareness campaigns to discourage users from using the platform.

Tuesday, May 7, 2024

The ruling could have broader implications for future state legislation that attempts to supersede charter cities' authority over municipal affairs, such as land use and zoning.
The California Supreme Court recently clarified which hours are compensable for employees in the case of Huerta v. CSI Electrical Contractors, and highlighted the importance of employer "control" over employee activities in determining compensation.
After Jerry Brown became governor of California for the first time nearly a half-century ago, he declared that the state had entered "an era of limits."

Monday, May 6, 2024

If the economy slows and consumers stop spending, underlying CRE demand will decline, and a great many legal disputes will follow.
After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and inclusion for the incident, as well as individuals from historically marginalized groups. The bridge collapse was due to bias, but not of the type related to civil rights categories.

Friday, May 3, 2024

The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including family law cases. Sanchez held that experts can rely on hearsay in forming their opinions, but they cannot relate case-specific facts asserted in hearsay statements unless they are independently proven by competent evidence or are covered by a hearsay exception.
Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Vernon narrowly escaped disincorporation in 2011 following accusations of corruption.

Wednesday, May 1, 2024

Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping exist. Such time, place, and manner restrictions are and should continue to be permissible.
The Supreme Court's recent ruling in Macquarie, which clarified Section 10(b) and Rule 10b-5, is unlikely to have a significant impact on securities litigation.

Tuesday, April 30, 2024

When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contest wills; the burden of proof; the impact of a no contest clause; and appeals.

Monday, April 29, 2024

The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away corporations and people from California due to its hostile business climate.
The law is evolving on the issue of squatters' use of fake leases, but courts are likely to use their equitable power to prevent such deceptive behavior.

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.
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David Houston
Editor
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Diana Bosetti
Contributed Columns Editor
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Lisa Churchill
Managing Editor
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Laura Brott
Legal Advertising
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