Daily Recorder
Monday, November 17, 2025
GUEST COLUMNS

Monday, November 17, 2025

In State Farm Fire & Casualty Co. v. Diblin, the California Court of Appeal reaffirmed that intentional conduct cannot constitute an "occurrence" under a liability policy, holding that even when a jury finds negligence, coverage is precluded if the injury stems from intentional acts.
Plaintiffs' attorneys are increasingly turning to Washington's CEMA to challenge text-based refer-a-friend programs, drawn by its broad liability standards, statutory damages, and fee-shifting provisions.

Friday, November 14, 2025

Five years after Liu v. SEC, courts remain split on how to apply its limits on disgorgement, leaving the SEC's most potent remedy in need of Supreme Court clarification.
Trump calls up the National Guard in Illinois, citing "rebellion" and insufficient forces; courts and critics say there's no threat, raising 10th Amendment, federal-overreach and domestic-military concerns.

Thursday, November 13, 2025

A GOP lawsuit over California's new district maps tests whether the state's largest ethnic group -- Latinos -- can still qualify for voting protections despite their numbers but persistent political underrepresentation.
California's wildfire litigation is echoing the post-Katrina struggle over causation, with courts now facing the pivotal question of whether smoke damage counts as "direct physical loss" -- a decision that will shape recovery for years to come.

Wednesday, November 12, 2025

On Veterans Day, we honor Justice Buck Compton -- a Silver Star-winning D-Day hero, Band of Brothers paratrooper and longtime California Court of Appeal justice -- whose extraordinary life blended courage in war, dedication to public service and a commitment to the law.

Tuesday, November 11, 2025

As flu season sets in, even the most tireless lawyer must recognize when illness demands a pause -- because ethical duties don't take sick days.
Some fertility plaintiffs may endure painful follow-up procedures--yet still face taxes on settlements, depending on how claims are characterized and how the IRS views the loss.

Monday, November 10, 2025

Betting, branding and foreign financing were once unthinkable in college sports -- now they're on the table. Without a federal NIL framework, it's time for lawyers to step in.
A recent en banc decision by the Federal Circuit in EcoFactor, Inc. v. Google LLC (2025) -- left standing by the U.S. Supreme Court's denial of review -- has sparked widespread debate in the legal community for significantly heightening the scrutiny of expert testimony under Daubert and Federal Rule of Evidence 702, and for potentially shifting decision-making power over patent damages from juries to judges.

Friday, November 7, 2025

Unlike the dot-com era, when women were largely sidelined, the AI boom offers a historic opportunity for women to lead by leveraging their judgment, communication, empathy and collaborative skills across industries.
California joins other states where partisan gerrymandering skews representation, disenfranchises voters and fuels political polarization and gridlock.

Thursday, November 6, 2025

UC San Diego's gutting of a scholarship once intended for Black students is just the beginning of a broader, deafening effort to further marginalize those already up against the odds.
In California, employers facing employee embezzlement can often recover stolen funds by acting quickly with discreet investigations, civil remedies like temporary restraining orders or writs of attachment, and, when appropriate, reporting the theft to law enforcement to preserve assets and pursue restitution.

Wednesday, November 5, 2025

Medical debt is a leading cause of consumer bankruptcy in the U.S., and attorneys play a critical role in guiding clients through Chapter 7 or Chapter 13 filings, evaluating timing, exemptions, and alternative remedies, while also considering recent protections such as California's SB 1061.
The disruptive potential of deepfakes in family law highlights the urgent need for legal and technological solutions to safeguard the integrity of evidence and uphold the principles of justice and fairness in custody disputes.

Tuesday, November 4, 2025

The rise of generative AI challenges traditional intellectual property laws by raising unresolved questions about who owns AI-generated content -- the developer, the user or no one -- forcing legal systems to adapt while grappling with fundamental questions about creativity, ownership and responsibility.
The SEC now allows mandatory arbitration in IPOs, reshaping litigation risk for public issuers, raising governance and insurance questions, and making expert, well-structured arbitration crucial for fair, efficient resolution of securities disputes.

Monday, November 3, 2025

As autonomous vehicle technologies advance--with investments growing 800% annually and market potential projected at $400 billion by 2035--the shifting landscape of manufacturer liability, insurance coverage, and evolving tort principles is creating a new era of complex commercial litigation and regulatory risk for the driverless ecosystem.
When clients don't pay, lawyers have options -- but ethical rules strictly limit how far they can go, what they can disclose and how they work with collection agencies.

Friday, October 31, 2025

Whether it's an unearned bonus or pay returned for other reasons, such as legal violations, you can often recoup the taxes -- though with the IRS, timing and details matter.
California's paid sick leave has evolved from three days for illness in 2015 to five days covering crime victimization, court appearances, domestic violence and bereavement, with more expansions coming in 2026.

Thursday, October 30, 2025

The Supreme Court is taking up two cases that could hold Cuba accountable for seizing American property -- an unexpected legal showdown with serious implications.
A $329 million verdict against Tesla for an autopilot-related death opens the floodgates to more lawsuits, exposing the company's overhyped self-driving claims and inferior safety systems compared to competitors like Waymo.

Wednesday, October 29, 2025

In the unpublished decision, the California Court of Appeal ruled that a man living in a tent had no Fourth Amendment protection -- a sign of how courts are criminalizing poverty.
Part Two examines the proposed 2026 ballot initiatives targeting property and automobile insurance in California, including a Consumer Watchdog "Bill of Rights" and a modernized regulatory framework aimed at restoring competition. The coming election could once again place voters at the center of the state's insurance market policy.

Tuesday, October 28, 2025

On Oct. 11, California enacted SB 37 to crack down on misleading attorney advertising -- giving consumers the right to sue over deceptive ads and strengthening penalties for illegal solicitation.
California voters have long wielded influence over insurance regulation through ballot initiatives, from Proposition 103's sweeping reforms in 1988 to Proposition 213's 1996 limits on uninsured drivers' claims. This article explores the history and impact of these measures, setting the stage for the critical 2026 election.

Monday, October 27, 2025

Cash for keys agreements can offer landlords with properties in rent-controlled jurisdictions flexibility, but failure to follow local rules could cost them dearly.
Once limited mostly to defamation and media cases, California's anti-SLAPP statute (Code Civ. Proc. § 425.16) has expanded into nearly every corner of civil litigation -- from employment, family, and probate disputes to contract, real estate, and arbitration matters -- catching unprepared lawyers off guard and packing a powerful punch with fee-shifting, discovery stays, and immediate appeal rights that can turn a routine case into a high-stakes fight.

Friday, October 24, 2025

As more plaintiffs look to sell their legal claims, the quirky tax rules around such transfers make early tax advice crucial.
Jurors may apply the law as instructed, but rising ticket prices and advancing surveillance are shaping a new expectation: that venues take real responsibility for keeping concertgoers safe.

Thursday, October 23, 2025

A billion-dollar Los Angeles verdict over baby powder and mesothelioma underscores how junk science, aggressive trial lawyer advertising, and weak judicial gatekeeping are fueling an endless cycle of litigation that drives up costs, distorts justice, and undermines public trust in California's courts.
The allegations of widespread fraud in Los Angeles County sexual abuse claims demand immediate, independent action from experienced, unbiased plaintiffs' firms to protect real victims and restore integrity to the settlement process.

Wednesday, October 22, 2025

Businesses across industries are facing a surge in "Shine the Light" law requests under California Civil Code §1798.83, exposing those unprepared to respond to significant litigation risks and penalties despite compliance with newer privacy laws like the CCPA.
Amid "No Kings" protests over his authoritarian tactics, Trump's March 22 directive to punish lawyers challenging his policies looks less like reform -- and more like an effort to intimidate dissent.

Tuesday, October 21, 2025

The EPA's proposal to gut greenhouse gas reporting would sideline nearly all sectors, leaving a gaping hole in climate accountability until at least 2034.
The California Air Resources Board released a preliminary list of in-scope entities and draft guidance on the state's mandatory climate reporting requirements. Certain companies doing business in California will have to publicly post their first reports on or before Jan. 1, 2026, in accordance with the guidance.

Monday, October 20, 2025

Sen. Ted Cruz plans bipartisan legislation to curb government "jawboning" -- pressure on media or platforms to silence speech -- arguing that protecting free expression requires applying First Amendment principles evenly, no matter the politics.
Recent California legislation will enable municipalities -- and reviewing courts -- to conserve valuable resources and time during CEQA-related litigation.

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