Daily Recorder
Sunday, August 09, 2026
GUEST COLUMNS

Friday, August 7, 2026

IRS Form 4669 serves a legitimate purpose in worker-classification disputes but requiring it in employment settlements may be both inappropriate and premature.
Purpose-built AI tools that catch curable defects before filing and flag issues during court review--from pleadings and default judgments to class and PAGA settlements--could be developed to help alleviate the added caseload pressure AI itself is expected to create.

Thursday, August 6, 2026

A contractor that lied about its workers' comp coverage to save its license ended up losing $1.55 million in fees and its ability to sue for payment -- proof that in litigation, the client's own conduct often decides the case.
A recent California decision reinforces that a lawyer's move to a new firm does not automatically create a disqualifying conflict if effective ethical safeguards are in place.

Wednesday, August 5, 2026

How rideshare screening actually works, when a driver's criminal record matters and what a passenger injured by an Uber driver has to prove in a California negligence case.
You thought there'd be no math?!

Tuesday, August 4, 2026

Properly structured litigation funding agreements can allow law firms to defer taxation until case proceeds are realized while ensuring taxes are imposed only on the firm's net recovery after payments to funders.
AI can produce well-researched and logically organized appellate briefs, but experienced appellate lawyers remain better at strategic judgment, persuasive advocacy and anticipating the human factors that can influence judicial decision-making.

Monday, August 3, 2026

California's enforcement of Senate Bill 54 faces competing legal challenges, with one lawsuit attacking the statute's constitutionality and another arguing the implementing regulations unlawfully weaken the law.
The Trump administration's rollback of federal and California vehicle emissions standards threatens to worsen the state's already severe ozone pollution and increase costs for consumers.

Friday, July 31, 2026

Law firms that treat AI as more than a technology purchase--while preserving human judgment and client relationships--will gain the greatest advantage.
Family Law's evolution over 250 years, from Visigothic codes through Seneca Falls to a diverse modern bench, shows the Founders built a legal system designed to grow alongside scientific and social change.

Thursday, July 30, 2026

The Supreme Court's review of Grand v. City of University Heights will examine the intersection of religious freedom, land-use regulation and property rights, including whether takings-law ripeness requirements should apply when government actions allegedly burden religious exercise.
California's new jury selection rules dramatically reshape peremptory challenges, raising the bar for striking prospective jurors and demanding closer scrutiny of bias in the selection process.

Wednesday, July 29, 2026

California's Motor Carriers of Property Permit Act may provide a new legal theory for holding delivery platforms such as Uber Eats, DoorDash and Amazon directly liable for injuries caused by unpermitted couriers, regardless of Proposition 22's independent contractor protections.
DREAM Court's trauma-informed, collaborative approach brings together courts, attorneys, social workers and community partners to support children affected by commercial sexual exploitation and help families find safety, healing and long-term stability.

Tuesday, July 28, 2026

A Chinese court's RMB 10 million trademark ruling against a milk tea chain shows why global brands must think beyond product categories, understand different trademark systems and protect their marks before disputes arise.
The proposed ATF rule changes that would expand online firearm purchases and allow direct mail delivery raise questions about public notice, background check safeguards and the future role of licensed gun dealers in regulating firearm access.

Monday, July 27, 2026

Businesses with customer-facing websites face growing litigation risk as plaintiffs increasingly combine ADA website accessibility claims with California privacy claims under CIPA, significantly increasing potential liability and making proactive compliance more important than ever.
Rinnai may have saved zero-NOx rules for now, but the future of gas regulation will turn on how governments frame the fight.

Friday, July 24, 2026

EB-2 national interest waiver petitions remain a valuable immigration pathway, but declining approval rates underscore the need for more specific, evidence-driven filings that clearly establish the petitioner's endeavor, qualifications and national benefit under the Dhanasar framework.
If you suffered a wildfire loss, you probably have a long and difficult road ahead, from finding a place to live to navigating insurance, legal and tax issues. Here are some topics to consider.

Thursday, July 23, 2026

The legal profession's AI conversation began with fictional cases; its next challenge is defining what responsible use looks like.
The Supreme Court's latest campaign finance ruling gives national party committees a powerful new tool, allowing them to spend unlimited amounts coordinating with federal candidates while raising fresh questions about the future of campaign finance limits nationwide.

Wednesday, July 22, 2026

California's public utilities must do more than check compliance boxes--they must embrace a culture of prevention and accountability before infrastructure failures turn into community disasters.
The lessons from California's mass fire litigation show that early evidence preservation, careful evaluation of compensation programs and attention to the real-world losses behind each claim can determine whether survivors receive full value.

Tuesday, July 21, 2026

Brand disputes are not always just about trademark confusion; businesses can gain strategic advantages by identifying when misleading advertising, unfair competition and consumer perception issues tell a broader story.
In negligent supervision cases against schools, it's the act, not the injury, that courts want to identify.

Monday, July 20, 2026

California companies do business around the world. Their disputes should stay here.
Cal/OSHA's trench safety warning underscores a broader legal reality: organizations that fail to assess foreseeable risks before work begins may face liability for their own decisions, regardless of who performs the work.

Friday, July 17, 2026

Under the Privette doctrine's "retained control" exception, a general contractor isn't liable for a subcontractor's employee's ladder-fall injuries unless the contractor affirmatively contributed to the unsafe condition, not merely permitted it to exist.
Employment cases are often won or lost years before trial because everyday workplace decisions, manager communications and internal documentation create a hidden litigation record that ultimately determines whether a jury believes the employer's story.

Thursday, July 16, 2026

The IRS's new guidance on the Opportunity Zone program clarifies key transition rules under the One Big Beautiful Bill Act, providing investors and fund sponsors with greater certainty as they prepare for the program's next phase.
California's new autonomous vehicle enforcement rules may transform traffic violations into critical evidence in future litigation by creating records that help courts, insurers and regulators determine responsibility when no human driver is behind the wheel.

Wednesday, July 15, 2026

The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms Duran while signaling more exacting scrutiny of classwide proof, from the initial case management conference through trial.
The U.S. Supreme Court's decision upholding West Virginia's ban on transgender girls participating in girls' sports continues its recent pattern of rejecting transgender rights claims while weakening the constitutional protections traditionally applied to sex discrimination.

Tuesday, July 14, 2026

From a tax viewpoint, condemnation recoveries can trigger taxable gain, but Section 1033 of the Internal Revenue Code may allow taxpayers to defer that gain by rolling it into similar replacement property.
The same chemical properties that made PFAS commercially valuable have also created long-tail risks for manufacturers, insurers and regulators.

Monday, July 13, 2026

Trump administration immigration policies are not merely enforcing the law--they are reshaping immigrant behavior in ways that reinforce longstanding stereotypes, creating the very conditions critics have long condemned.
California's new prior authorization law does more than limit insurers' use of prior authorization--it gives the Department of Health Care Services broad authority to determine when the practice is permitted.

Friday, July 10, 2026

The U.S. Supreme Court's May decision in Montgomery v. Caribe Transport II LLC has renewed attention on a question long beneath the surface of trucking litigation: What responsibility do freight brokers bear when selecting the carriers that move freight across America's highways?
The Great Wealth Transfer is shifting estate planning from simply transferring assets to preparing future generations to govern, lead and preserve complex family enterprises through thoughtful succession planning.
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