Daily Recorder
Tuesday, October 07, 2025
GUEST COLUMNS

Tuesday, October 7, 2025

Many workers believe they're in a hostile work environment, but unless mistreatment is tied to a legally protected trait, the law often doesn't consider it unlawful.
War teaches luck matters. So does the law. Survival in court often depends on which lawyer, judge, or county you get -- not just your merits. To make justice fair, we need funding parity, standardized protocols and consistent representation -- so outcomes aren't left to chance.

Monday, October 6, 2025

Ross Intelligence is appealing a Delaware court ruling that held its use of Thomson Reuters' copyrighted headnotes for AI training was not fair use, in a case that could have sweeping implications for how AI models legally access and learn from copyrighted material.
By grounding complex disputes in universal moral principles, trial lawyers can make any business case accessible and compelling.

Friday, October 3, 2025

The music industry's 1990s sampling battles mirror today's AI copyright disputes: both pit innovation against ownership, both sparked chaos and lawsuits, and in both cases, the path forward lies not in endless litigation but in creating predictable licensing systems that balance creativity with compensation.
California's new "No Secret Police" Act aims to restore public trust, but its real test is whether state power can withstand federal supremacy in enforcing accountability.

Thursday, October 2, 2025

California's Honest Pricing Law and the FTC's Junk Fees Rule are forcing businesses to show all-in prices, driving costly system changes and exposing them to lawsuits and consumer backlash.
Vietnamese American nail salon owners and manicurists are challenging California's AB 5 law, claiming it unfairly forces nail techs into employee status while sparing other beauty professionals.

Wednesday, October 1, 2025

The 9th Circuit's unpublished Moreland decision reinforces that private CERCLA cost recovery hinges on strict compliance with the National Contingency Plan (NCP), not on state agency labels.
Despite decades of settled law, the federal government is still fighting airport noise claims -- this time over Navy jet flights.

Tuesday, September 30, 2025

Assembly Bill 365, the Justin Kropp Safety Act, transforms the tragedy of journeyman lineman Justin Kropp's preventable death into a lasting legacy of worker protection by requiring AEDs, training, and emergency protocols at high-voltage worksites to save lives in the future.
Vexatious litigants pose unique challenges for public entities when acting as defendants, since existing California statutes focus primarily on abusive plaintiffs, leaving a gap in the law that forces municipalities and other plaintiffs to waste resources responding to frivolous motions and appeals -- a problem that may require legislative reform to address.

Friday, September 26, 2025

With geopolitical threats mounting, venture capital is pouring into dual-use tech startups as the U.S. defense sector finds new allies in Silicon Valley.

Thursday, September 25, 2025

Assembly Bill 288, recently passed by the California Legislature and awaiting Governor Newsom's signature, empowers the state labor board to enforce workers' and businesses' rights when the federal NLRB is defunct or inactive, ensuring fair resolution of labor disputes, protection of union rights, and stability for employers and employees alike.

Wednesday, September 24, 2025

The landmark New York Times v. OpenAI case, arising from alleged copyright violations by ChatGPT and CoPilot, is shaping the emerging legal landscape for artificial intelligence by raising questions about IP rights, data privacy, evidentiary privileges, and corporate liability that could define AI regulation for years to come.
With packaging making up over half of California's landfill waste, CalRecycle has launched a second attempt at rulemaking to implement the state's packaging EPR law, SB 54.

Tuesday, September 23, 2025

For a litigator, Yiddish brings not just color to the courtroom, but character--capturing the humor, heartache and humanity the law alone can't express.
The assassination of Charlie Kirk highlights the urgent need for comprehensive firearms licensing and regulation, alongside improved mental health care, as a practical path forward beyond partisan debates over assault weapons and mental illness.
Municipalities acquiring property for public projects often overlook a critical step--skipping a Phase I ESA can lead to liability, hidden contamination and missed chances for crucial funding.
Plaintiffs often discover that lawsuit settlements are taxed on the gross amount, including their lawyer's share. Here's how the tax code handles fee deductions and what exceptions apply.

Monday, September 22, 2025

Jimmy Kimmel's suspension from ABC over his controversial monologue about Charlie Kirk has sparked fierce debate, highlighting the tension between a private employer's contractual rights and the broader societal interest in protecting open political commentary and satire.
Homeowners who signed onto the Army Corps' "free" Los Angeles wildfire debris cleanup, whether unknowingly or with no alternative, assumed sweeping liability through a boilerplate indemnity clause making them financially responsible for any damages or lawsuits arising from the government's own cleanup work.

Friday, September 19, 2025

At the Peace Palace in The Hague, a towering black cat sculpture called The Witness watches over the courts and law library, blending legend and art: it recalls the heroic--but likely apocryphal--story of Ramskells, a cat said to have saved the justices from a 1924 fire, while also serving as a modern symbol of vigilance and observation over the world of international law.
Opportunity Zones are now permanent but with sharper rules and penalties. Joint ventures that don't rewrite their playbooks risk turning tax breaks into tax traps.

Thursday, September 18, 2025

Corporate campaigns targeting a few flashy or unscrupulous plaintiff lawyers are being used to discredit the civil justice system, fuel tort reform, and limit access to justice, making it crucial for the plaintiffs' bar to maintain accountability, credibility, and vigilance before it's too late.
Without renewed federal action, nearly 90% of Covered California enrollees could see average premium hikes of 66% -- threatening coverage for millions and risking a sharp rise in the uninsured.

Wednesday, September 17, 2025

Early this summer, I ran an experiment in which I gave ChatGPT-4 and ChatGPT-5 only the oral argument transcripts from the court's last 25 cases and asked them to predict the outcome and the vote. Here were the results.
President Trump's latest travel ban halts visas from 19 countries and curtails them for 32 more, upending business operations and making it harder for U.S. employers to retain global talent.

Tuesday, September 16, 2025

As AI transforms the way businesses operate, the insurance industry faces a pivotal question: Will existing policies respond to AI-driven losses, or will entirely new coverages be required?
SB 940 expands arbitration discovery rights by granting parties nearly the same discovery tools available in trial court proceedings, repealing CCP §1283.1, amending §1283.05, and empowering arbitrators to regulate and enforce discovery except in limited civil cases.

Monday, September 15, 2025

If law firms can't serve clients in Spanish, they're not just losing business -- they're denying nearly half the city equitable access to justice.
Lists bring order to legal analysis, especially in trade dress law -- but too many can cause judges and lawyers to miss the forest for the trees.

Friday, September 12, 2025

In Stronghold Engineering v. City of Monterey (2023), the California Court of Appeal held that a contractor's initial lawsuit seeking only declaratory relief regarding a City contract did not require prefiling a Government Claims Act claim and that subsequent claims for monetary damages could be added after proper notice without being barred.
SB 53 underscores that while AI can support doctors, it cannot replace the human presence, judgment and empathy at the core of medical care.

Thursday, September 11, 2025

Uber is weaponizing federal RICO lawsuits against personal injury attorneys and medical providers in multiple states, a corporate intimidation tactic that threatens access to justice for accident victims nationwide.
Taylor Swift's fight to reclaim her master recordings has not only secured ownership of her own music but sparked a legal and industry-wide shift, empowering artists to understand and assert their rights over their work.

Wednesday, September 10, 2025

Entertainment mogul David Geffen has filed for divorce from David Armstrong after less than two years of marriage, and despite headlines highlighting his billionaire status, California family law and the short duration of the marriage suggest Armstrong's potential recovery--including spousal support and Marvin-type claims--may be limited.
The 9th Circuit will hear oral argument in Epic Games v. Apple, a case that could clarify whether corporate communications involving both legal and business considerations qualify for attorney-client privilege when legal advice is one of several primary purposes.

Tuesday, September 9, 2025

Mediation in landlord-tenant disputes is an underused but growing tool that offers attorneys and clients faster, more affordable, and more empathetic resolutions than litigation.
California's booming data centers face a climate-driven "cooling dilemma," as rising heat, water scarcity, wildfires and strained power grids threaten operations, prompting urgent innovation, regulatory scrutiny and equity debates over who bears the environmental costs.

Monday, September 8, 2025

Calling high-speed chases "fun," federal officials have embraced a perilous pursuit policy that prizes the thrill of the chase over sober judgement and public safety.
President Trump's sweeping claim of unilateral impoundment authority--already tested in Congress, the courts, and recent emergency stays--sets up a constitutional showdown with the Supreme Court over whether the executive can override Congress's "power of the purse."

NEWS

General News

Tuesday, October 7, 2025

This is both an admission and an observation: The ramifications of homelessness, for most people, are anecdotal.
General News

Tuesday, October 7, 2025

Judge Christine Van Aken denied motions to dismiss fraud claims in a heated legal dispute involving Berding & Weil LLP, real estate developer Walid Mando, and over $100,000 in contested legal fees.
General News

Tuesday, October 7, 2025

A federal lawsuit alleges fertility test company Proov shared sensitive health data with Google despite assurances it would not track or sell customer information.
General News

Monday, October 6, 2025

Some of the events planned for the Summer Olympics in Los Angeles in 2028 are far from the heart of the city.
General News

Monday, October 6, 2025

The panel ruling, on remand from the U.S. Supreme Court, leaves California's rule intact over a dissent arguing the statute is preempted by federal law.
General News

Monday, October 6, 2025

A coalition of tribes urged a Sacramento County judge to preserve their lawsuit against card rooms, arguing a new state law allows them to challenge games they say infringe on exclusive tribal rights.
General News

Friday, October 3, 2025

Attorneys for Meta, TikTok, Snap and Google filed motions for summary judgment Tuesday seeking dismissal of bellwether school district lawsuits in federal court accusing them of fueling a youth mental health crisis. Defense lawyers argued the claims are barred by Section 230 and the First Amendment and asked U.S. District Judge Yvonne Gonzalez Rogers of Oakland to exclude plaintiffs' expert testimony.
General News

Friday, October 3, 2025

As an investor, it can be difficult to navigate the ups and downs of the market and understand what the movements mean for your portfolio - particularly when you're seeing constant headlines on the topic.
General News

Friday, October 3, 2025

Conflict panel attorneys who step in when federal defenders have conflicts haven't been paid since July 3, with no relief in sight during the government shutdown. Judges are delaying hearings for lack of counsel, and ex-prosecutors are volunteering to keep cases moving. Bench officers and defense leaders warn that dismissals may be next if funding isn't restored.
General News

Thursday, October 2, 2025

Employers across California continue to grapple with how best to balance workplace safety, employee rights, and compliance with ever-changing drug and alcohol regulations
General News

Thursday, October 2, 2025

Tech trade associations warn the measures threaten free expression and could trigger constitutional challenges. The push follows Newsom's signing of SB 53, a sweeping AI safety law.
General News

Thursday, October 2, 2025

A judge sanctioned Bricoleur Vineyards' CEO $8,000 over a failed motion targeting the financial ties of his accuser's former lawyer in a sexual abuse lawsuit stemming from decades-old allegations.
General News

Wednesday, October 1, 2025

Shareholders suing Elon Musk over 2022 tweets about his Twitter acquisition argue Quinn Emanuel partner Alex Spiro's role as both trial counsel and firsthand witness would confuse a jury and violate ethical rules.
General News

Wednesday, October 1, 2025

Expect to pay more for health coverage next year -- possibly a lot more -- whether you get your health insurance from an employer or on a health care exchange.
General News

Wednesday, October 1, 2025

A Sacramento judge is weighing whether the California Highway Patrol's decades-old beard ban unlawfully discriminates against Sikh officers whose faith requires uncut facial hair.
General News

Tuesday, September 30, 2025

Gavin Newsom jetted off to New York last week to portray himself as the alternative to Donald Trump on climate policy.
General News

Tuesday, September 30, 2025

In an era when legal associations are shrinking, Los Angeles attorney Randall A. Miller is stepping into a leadership role with one that's thriving -- and entirely self-funded. As the new chair of the ABA's Standing Committee on Professional Liability, Miller brings decades of expertise in legal malpractice to a group that's staying relevant by tackling some of the profession's biggest challenges.
General News

Tuesday, September 30, 2025

An appellate panel rejected Bank of America's bid to appeal a San Diego district judge's certification of a class in a consumer class action alleging it failed to safeguard unemployment benefits stolen from over 100,000 Californians during the pandemic.
General News

Monday, September 29, 2025

A Los Angeles judge allowed a class action against TikTok to proceed, ruling its terms of service may unlawfully restrict consumer speech, rejecting defenses under federal law and the Yelp Law.
General News

Friday, September 26, 2025

Attorneys criticized Southern California Edison's draft compensation plan for Eaton Fire victims, calling it unfair, self-serving, and inadequate, particularly regarding emotional distress and property damage payouts.
General News

Thursday, September 25, 2025

A dramatic change in how inter partes reviews are handled under interim U.S. Patent and Trademark Office Director Coke Morgan Stewart has drawn sharp criticism from law professors and technology companies, setting up a high stakes battle at the Federal Circuit.
General News

Thursday, September 25, 2025

Triumph Foods sued to overturn California's Proposition 12, arguing the animal-confinement law violates federal meat regulations and the Constitution by burdening out-of-state pork producers and disrupting the national pork supply chain.
General News

Thursday, September 25, 2025

Law firms are facing intense competition, prompting them to explore alternatives to traditional debt.
General News

Wednesday, September 24, 2025

U.S. District Judge Dale A. Drozd denied Grimmway's bids to toss the case and to deny class certification, allowing the California Civil Rights Department's disability claims to move forward while narrowing some theories.
General News

Wednesday, September 24, 2025

A former Orange County prosecutor alleges unwanted advances from a unit head; District Attorney Todd Spitzer's office says the manager was quickly placed on leave and later resigned.
General News

Wednesday, September 24, 2025

Attorneys for authors and publishers filed new responses this week seeking to satisfy Senior U.S. District Judge William Alsup's concerns about their proposed $1.5 billion settlement with AI company Anthropic.
General News

Tuesday, September 23, 2025

Cardrooms alleged state gambling regulators collected inflated fees for years; Judge Lauri A. Damrell signed off on a $43.3 million settlement covering 2005 to 2020.
General News

Tuesday, September 23, 2025

Twelve insurers were dismissed from lawsuits over wildfire smoke claims, leaving California FAIR Plan as the sole defendant as plaintiffs prioritize swift deposition of an elderly claimant to advance the case.
General News

Tuesday, September 23, 2025

The judges expressed frustration that parties allowed faulty instructions in Comet Technologies' case against XP Power, raising doubts about whether the Northern District of California's jury award can stand.
General News

Tuesday, September 23, 2025

Housing nonprofits sued Los Angeles, alleging City Attorney Hydee Feldstein Soto and Councilmember Traci Park unlawfully obstructed a Venice affordable housing project approved under the city's Comprehensive Homeless Strategy.
General News

Tuesday, September 23, 2025

Scholars say the state can bind local police but likely can't enforce the new mask rule against federal agents; other student- and health-privacy bills seen on firmer ground.
General News

Tuesday, September 23, 2025

A federal judge tentatively ruled a fourth jury trial is needed to decide punitive damages in the trade dress infringement battle between MGA Entertainment and the OMG Girlz, citing the Seventh Amendment.
General News

Monday, September 22, 2025

U.S. District Judge Rita F. Lin of San Francisco said she is inclined to grant at least part of a preliminary injunction for University of California researchers whose grants were canceled by the NIH, Defense and Transportation Departments via form letters, distinguishing the case from a recent Supreme Court stay in a similar Massachusetts suit and pressing a Justice Department lawyer on his assertion that some plaintiffs cannot sue in any court.
General News

Monday, September 22, 2025

A 9th U.S. Circuit Court of Appeals panel found the move likely violated the Administrative Procedure Act and left families at risk of removal and job loss.
General News

Friday, September 19, 2025

To ensure you're maximizing your benefits, it's important to understand the different terms and acronyms you are likely to encounter as you review your health insurance options.
General News

Friday, September 19, 2025

A former Orange County judge has been sentenced to prison following his conviction for the murder of his wife.
General News

Friday, September 19, 2025

California Supreme Court Justices Goodwin H. Liu and Kelli M. Evans dissented more than 60 times each in the 2024-25 term over the court's refusal to review criminal cases, fueling a sharp rise in recorded dissents and spotlighting concerns about sentences for younger convicts.
General News

Thursday, September 18, 2025

More than 200 documented instances of U.S. legal decisions have involved legal hallucinations to date, according to a database maintained by a Stanford Law School researcher. Last year Chief Justice John G. Roberts warned that "a shortcoming known as 'hallucination'" in AI tools can lead to citations to nonexistent cases.
General News

Thursday, September 18, 2025

California has long prided itself as an environmental trailblazer. It was the first state to set its own vehicle emission rules and the first to outlaw plastic shopping bags.
General News

Thursday, September 18, 2025

A former clerk to Justice Ruth Bader Ginsburg who has already argued before the U.S. Supreme Court, Samuel Harbourt will begin his new job Oct. 1.
General News

Tuesday, October 7, 2025

A San Francisco district judge refused to pause union litigation during the government shutdown, while the Supreme Court continues granting Trump administration stay requests in other cases.
General News

Monday, October 6, 2025

Plaintiff's attorneys plan to appeal after losing the first Uber sexual assault bellwether trial, criticizing the judge for admitting evidence they say violates California's rape shield law.
General News

Friday, October 3, 2025

A judge allowed PG&E to present defenses in a class action over toxic smoke from the 2021 Dixie Fire, as plaintiffs seek medical monitoring costs for exposed residents without current illness.
General News

Thursday, October 2, 2025

The Howard Jarvis Taxpayers Association challenges San Jose's $3.5 billion pension bond, saying voters must approve the debt -- a case that could reverberate in cities across California.
General News

Wednesday, October 1, 2025

A judge dismissed the San Francisco police union's lawsuit over a department policy limiting low-level traffic stops, citing local authority and failure to exhaust remedies before the state labor board.
General News

Tuesday, September 30, 2025

Legal and sports experts discussed the financial and structural challenges facing college programs under the landmark House settlement at Thursday's Association of Business Trial Lawyers panel in Los Angeles.
General News

Monday, September 29, 2025

A Los Angeles judge denied Google's request to dismiss a class action alleging YouTube misled users by labeling digital rentals as "purchases," allowing consumer deception claims to proceed under California law.
General News

Monday, September 22, 2025

Tamara Evans, who won an $8.3 million retaliation verdict against the state's police training commission, is now seeking $7.2 million in attorney fees. Her lawyer, Lawrance Bohm, says state attorneys prolonged the litigation for more than a decade despite repeated offers to settle.
General News

Friday, September 19, 2025

The group from Ropes & Gray LLP strengthens the firm's position as one of the nation's largest patent litigation practices amid shifting dynamics at the PTAB and growing international overlaps in IP disputes.
General News

Thursday, September 18, 2025

A Bay Area attorney filed a class complaint in the Western District of Missouri accusing Husch Blackwell LLP and its executive board of diverting employees' 401(k) contributions into firm operating accounts for months--conduct alleged to violate ERISA's anti-inurement rule, fiduciary duties of loyalty and prudence and the statute's ban on prohibited transactions.