Inter-City Express
Wednesday, September 03, 2025
GUEST COLUMNS

Wednesday, September 3, 2025

Lawyers who handle trauma cases can absorb their clients' pain, risking vicarious trauma--emotional, physical, and mental burnout--making self-care essential to stay effective.
This year's presentation, "The Big Ask: Lessons for Closings," explores how lawyers can authentically and strategically empower juries to assign meaningful non-economic damages by starting early in voir dire, reinforcing the client's story throughout trial, and delivering a closing that blends empathy, personalization, and a clear call to action.

Tuesday, September 2, 2025

Four big truck makers are suing California over its zero-emission rules, saying they're stuck between state mandates and federal rollbacks. The case could reshape how far states can go on climate policy and whether side deals like California's Clean Truck Partnership hold up in court.
Are legal conferences worth the investment or just an expensive distraction? This month's column breaks down the real ROI of attending legal events, offering practical strategies to turn every name badge and cocktail hour into a business development opportunity. Don't just show up, show up with a plan.

Friday, August 29, 2025

The North Carolina Supreme Court held in Town of Apex v. Rubin that if a government's attempted taking of private property fails the constitutional "public use" requirement, title must return to the owner and inverse condemnation cannot be twisted into a tool for the government to keep what it had no right to take.
In California's high-risk disaster areas, public agencies can generally justify using eminent domain to repair, replace, or relocate costly infrastructure to serve the broader public good, but they must also plan proactively to minimize inverse condemnation liability from future natural disasters.

Thursday, August 28, 2025

New Jersey's layered PFAS settlement secures long-term funding for cleanup and remediation, offering a potential blueprint for California as it navigates its ongoing "forever chemicals" litigation.
Directing settlement payments to charity can reduce a plaintiff's taxable income in some cases, but IRS rules, legal fees, and limits on charitable deductions often make the tax implications complex and require careful planning before signing an agreement.

Wednesday, August 27, 2025

FINRA Forward is a comprehensive reform initiative aimed at modernizing FINRA rules, strengthening collaboration with member firms, leveraging technology and AI, and enhancing enforcement and cybersecurity efforts to protect investors and ensure market integrity.
California's SB 1107 raises auto liability minimums for the first time since 1967, boosting victim protection but likely increasing premiums and underscoring the need for skilled legal counsel.

Tuesday, August 26, 2025

Rising launch activity at Vandenberg Space Force Base has sparked legal disputes between SpaceX and the California Coastal Commission over whether state permits apply to federally controlled launch sites, highlighting tensions between state oversight, federal authority, and the need to maintain seamless access to orbit for U.S. national security and commercial interests.
Sharing sensitive info with AI like ChatGPT isn't privileged -- lawyers and clients risk discovery and breaching confidentiality under California law.

Monday, August 25, 2025

Small business owners who fall victim to unauthorized withdrawals have just 24 hours to fight back under the National Automated Clearing House Association's rules -- far less protection than consumers.
Artificial intelligence is increasingly reshaping employees' duties and workflows across industries, creating efficiency gains but also raising novel wage-and-hour risks, particularly the potential loss of exempt classification when AI reduces or replaces tasks that justify exempt status.

Friday, August 22, 2025

The law brings long-awaited clarity to stablecoins but leaves banks, fintechs and regulators facing unresolved legal and oversight challenges at the crossroads of blockchain and traditional finance.
Once a niche subject, art law has grown over the past half century into a recognized legal discipline shaping disputes over ownership, expression and the global art market.

Thursday, August 21, 2025

The California State Bar's 2024 Justice Gap Study reveals a worsening crisis in civil legal access, with 70% of households facing problems but receiving help for only 15%, highlighting the urgent need to expand legal aid, pro bono work, and innovative non-attorney support to protect vulnerable Californians from life-altering harm.
As labor shortages persist across the U.S. construction industry, a parallel crisis is unfolding -- one grounded in heightened legal exposure and regulatory scrutiny. Here are some of the key risks contractors now face and the contractual tools they're using to protect themselves.

Wednesday, August 20, 2025

The February 2024 cyberattack on Change Healthcare, a UnitedHealth subsidiary, exposed sensitive medical data of nearly 190 million Americans, disrupted billions in claims processing, left providers financially vulnerable, sparked widespread litigation, and prompted proposed federal cybersecurity legislation -- highlighting critical gaps in healthcare IT security and multi-factor authentication practices.
In Hohenshelt v. Superior Court, the California Supreme Court preserved Civil Code §1281.98 from federal preemption by interpreting it to allow exceptions for excusable late payment of arbitration fees, softening earlier strict rulings and setting the stage for new disputes.

Tuesday, August 19, 2025

A curious, deliberate approach can turn casual contacts into a powerful revenue-generating network.
Mediation in class and PAGA cases is essentially inevitable, so attorneys should prioritize early and thorough preparation -- including client management, data analysis, team-building and pre-mediation discovery.

Monday, August 18, 2025

In June 2025, a $2.8 billion settlement in House v. NCAA gave college athletes new rights to direct payments and NIL earnings under capped revenue-sharing rules, ushering in unprecedented financial opportunities but also complex tax, compliance, and fraud risks that demand careful legal and financial guidance.
In recent Ninth Circuit cases, courts have expanded the functionality defense in trademark and trade dress law -- traditionally limited to utilitarian and aesthetic functionality -- to also include "expressive function," holding that when a mark, phrase or image is used not as a source identifier but as part of an expressive work, the First Amendment may bar infringement claims.

Friday, August 15, 2025

Emerging technologies like artificial intelligence and cloud-based tools are transforming law practice from optional aids into essential drivers of efficiency, accuracy and client results, challenging billable-hour traditions, shifting firm power structures and demanding new ethical safeguards.
No longer just labs of innovation, California's cultivated meat firms are now global trade actors -- pushing for a seat at the table in U.S. export policy and international agreements.

Thursday, August 14, 2025

Bias baked into tenant-screening algorithms is locking out Black, Latino, and immigrant renters, testing whether fair housing laws can withstand political rollbacks in the AI era.
With 2026 deadlines looming, CARB has issued preliminary guidance on California's new climate disclosure laws, prompting businesses to prepare despite delayed regulations and unresolved scope questions.

Wednesday, August 13, 2025

The growing frequency of catastrophic wildfires has exposed a persistent and costly underinsurance problem -- driven by outdated insurer estimates, limited policy caps, and legal hurdles to recovery -- that leaves many homeowners facing massive out-of-pocket rebuilding costs unless they take proactive steps to verify and increase their coverage.
While interest and punitive damages are usually taxable, how the verdict stands, what's appealed, and how the settlement is crafted can reduce or eliminate the tax burden.

Tuesday, August 12, 2025

The Supreme Court's 6-3 decision in Medina v. Planned Parenthood South Atlantic stripped Medicaid patients of their ability to sue to enforce their statutory right to choose qualified providers, effectively allowing states to label politically disfavored but medically competent providers as "unqualified," cutting off access to care and leaving vulnerable populations defenseless against the politicization of healthcare.
President Trump's attempt to revive Gilded Age-style tariffs under the guise of emergency powers lacks clear legal support, threatens constitutional checks and balances, and risks turning trade policy into a tool of executive overreach and political corruption.

Monday, August 11, 2025

On the anniversary of the Voting Rights Act of 1965, we are reminded that this landmark law embodied America's promise of equal voting rights -- a promise now tested by modern efforts to erode its protections.
With the weakening of the federal Voting Rights Act, it's now up to the states -- ironically invoking "states' rights" -- to enact their own laws to safeguard minority voting rights.

Friday, August 8, 2025

Satire gets a pass. Lies don't. When South Park put Trump in bed with Satan, no one sued. But Candace Owens' "investigation" into Brigitte Macron's identity sparked a defamation case in Delaware. Here's why.
California's Commission on Judicial Appointments (which judges dream of hearing from) and Commission on Judicial Performance (which they dread) wield immense power over judges' careers. Lawyers have a vital role in both.

Thursday, August 7, 2025

Trump's new tax bill quietly delivers a major win for startup investors by reshaping federal rules on Qualified Small Business Stock. The catch? State law may still get in the way.
In addition to being faster than waiting for a result at trial -- and the inevitable appeal -- mediation offers a host of advantages over trying environmental disputes in court.

Wednesday, August 6, 2025

A proposed EPA settlement offers long-overdue action on ozone pollution in the Joaquin Valley, but it may once again delay the justice these communities have fought so hard to achieve.
Part 2 of this article series on Proposition 65 settlements highlights the often-overlooked exposure of licensors -- the brand owners whose names appear on licensed products -- and outlines practical strategies, from explicit release language to third-party beneficiary clauses, to ensure they are fully protected from future liability.

Tuesday, August 5, 2025

The opportunity zone program is now permanent, and with new rural-focused incentives and stricter eligibility rules, recent reforms reshape how investors can tap into these tax-advantaged areas.
While it's flattering that Hollywood finds the law so interesting -- and yes, we get the need for creative license -- we've got four tropes in legal dramas to debunk.

Monday, August 4, 2025

Uber's latest RICO lawsuit -- framed as a fight against fraud but timed to push SB 371--shows that when most corporations lose in court they appeal, but when Uber loses it attacks the entire system to gain political leverage and immunity.
Seasonal jobs may be short-term, but California employers' obligations aren't -- compliance with state and federal law is required no matter how long the employee stays.

NEWS

General News

Wednesday, September 3, 2025

The high court on Thursday reversed the death penalty for Jason Alejandro Aguirre, citing a 2021 law requiring stricter proof of gang activity, but left his murder and attempted murder convictions intact.
General News

Wednesday, September 3, 2025

When driving a car across the country isn't possible or desirable, shipping a car can save time, as well as wear and tear on your vehicle.
General News

Tuesday, September 2, 2025

Given California's size and its cultural and economic impact around the globe, whoever captures its governorship instantly becomes one of the nation's most prominent politicians and a potential candidate for president.
General News

Tuesday, September 2, 2025

Silicon Valley corporations and investors have pledged up to $200 million to two new super political action committees that are aimed at forcing out politicians whom they see as insufficiently supportive of the push into artificial intelligence.
General News

Tuesday, September 2, 2025

Gov. Gavin Newsom appointed Adam P. Brezine, a veteran of Adobe and Twitter, as chief counsel of the California High-Speed Rail Authority amid deepening legal challenges and the loss of billions in federal funding.
General News

Friday, August 29, 2025

An Orange County couple alleges that ChatGPT encouraged their 16-year-old son to take his own life, raising novel legal questions about whether AI outputs are protected by the First Amendment. The complaint also names OpenAI CEO Sam Altman as a defendant.
General News

Friday, August 29, 2025

Progressive values and humane public policies are California virtues. But not for people living with serious mental illness.
General News

Friday, August 29, 2025

The deal between the company behind the AI assistant Claude and a group of authors follows class certification by Judge William Alsup.
General News

Thursday, August 28, 2025

Skadden, Arps, Slate, Meagher & Flom LLP advised Intel Corp. on its $8.9 billion deal giving the U.S. Commerce Department a 9.9% equity stake, even as the firm agreed to provide $100 million in free legal work for the Trump administration.
General News

Thursday, August 28, 2025

Since Gov. Gavin Newsom's first State of the State address six years ago, California has stopped pursuing a high-speed rail system that actually connects the Bay Area to Southern California, as was promised to voters in 2008.
General News

Thursday, August 28, 2025

This was the second Keker, Van Nest & Peters client detained in recent weeks under tactics the court ruled violate due process.
General News

Wednesday, August 27, 2025

In Monopoly, a little luck can turn you into a real estate mogul. In The Game of Life, buying a house is just one step along the sunny sidewalk to the American dream.
General News

Wednesday, August 27, 2025

Mike McAfee's abrupt resignation has been followed by claims that he repeatedly purchased methamphetamine from a Merced man, prompting a referral to the state attorney general and raising questions about his past prosecutions.
General News

Tuesday, August 26, 2025

Taylor King Boyles has been dreaming about solar electricity ever since he watched a Reading Rainbow episode about solar powered cars as a child.
General News

Tuesday, August 26, 2025

Odell Beckham Jr.'s lawyers seek sanctions against a plaintiff alleging sexual assault, citing implausible claims and evidence placing him elsewhere during the alleged 2018 incident in Orinda, California.
General News

Monday, August 25, 2025

A federal judge denied homeless plaintiffs' bid to block Fairfax's anti-camping ordinance, citing the Supreme Court's Grants Pass ruling, which overturned prior precedent protecting homeless people from enforcement actions.
General News

Friday, August 22, 2025

Google and YouTube agreed to pay $30 million to settle a long-running lawsuit alleging they illegally collected data from millions of children under 13 for targeted advertising, without admitting wrongdoing.
General News

Friday, August 22, 2025

The spread of AI programming tools, which can quickly generate thousands of lines of computer code - combined with layoffs at companies like Amazon, Intel, Meta and Microsoft - is dimming prospects in a field that tech leaders promoted for years as a golden career ticket.
General News

Friday, August 22, 2025

The Trump administration revoked temporary protected status for 60,000 people from Honduras, Nicaragua and Nepal.
General News

Thursday, August 21, 2025

Despite reforms aimed at easing California's civil court backlog, filings under the state's lemon law are climbing to record levels, with critics warning that new procedures under Assembly Bill 1755 create a confusing two-tier system that weakens consumer protections.
General News

Thursday, August 21, 2025

At the moment, the American economy feels a little bit like a hot August afternoon.
General News

Wednesday, August 20, 2025

Don't touch your investments. That's the simple, yet hard-to-practice, lesson of a new study of investor behavior by Morningstar, the financial services company.
General News

Wednesday, August 20, 2025

The price of crude oil dropped to $62.46 a barrel Monday morning, part of a downward trend that some analysts say could continue into next year.
General News

Wednesday, August 20, 2025

As ADA lawsuits target Long Beach businesses, defense attorney Michele Dobson challenges plaintiff Marvin Barnett's standing, arguing he didn't personally visit the locations and relied instead on a "spotter."
General News

Tuesday, August 19, 2025

Uber accused plaintiffs and their attorneys in a major assault case of leaking sealed records to the New York Times, demanding court-ordered declarations to identify the source before upcoming trials.
General News

Tuesday, August 19, 2025

If and when Gavin Newsom launches a campaign for president, economic and social conditions in the California he's governed for two terms will be in the spotlight.
General News

Tuesday, August 19, 2025

Michael McAfee's abrupt departure marks the second resignation from a small-county DA's office in California this month, following Amador County's chief assistant DA stepping down last week.
General News

Monday, August 18, 2025

Across Germany, more than 1 million people had installed solar panels on their balconies as of last month.
General News

Monday, August 18, 2025

Tony and Mayra Greer say smoke, ash, and hazardous metal contamination from January's Eaton Fire forced them from their Los Angeles home. Their lawsuit accuses Nationwide Mutual Insurance Co. of bad faith, breach of contract, and negligent misrepresentation for allegedly delaying and underpaying their claim despite evidence the damage made the property unsafe.
General News

Monday, August 18, 2025

Artists suing Ye over alleged unlicensed use of their music in "Donda" claim he defied discovery orders, delayed sanctions payments, and destroyed evidence; defense argues compliance, miscommunication, and good-faith efforts.
General News

Friday, August 15, 2025

Four truck manufacturers sued to exit California emissions agreements, citing Trump-era revocation of federal waivers and a Supreme Court ruling expanding standing to challenge environmental regulations.
General News

Friday, August 15, 2025

An attorney representing California told a San Francisco federal judge Tuesday that President Donald Trump's use of federalized National Guard troops and U.S. Marines during Los Angeles protests violated a post-Reconstruction law barring the military from domestic law enforcement. Lawyers for the federal government say the deployment was lawful and purely protective.
General News

Friday, August 15, 2025

The recent executive order directing states to states to criminalize unhoused people and institutionalize those with mental health disabilities creates a dilemma for Sacramento politicians.
General News

Wednesday, September 3, 2025

Robinhood urged a San Francisco federal judge to dismiss investors' unfair business practices class action over its cash sweep program, arguing plaintiffs failed to show reliance on alleged misstatements or omissions.
General News

Tuesday, September 2, 2025

Michael A. Columbo, attorney for state Republicans, argued the ballot measures were rushed through the Legislature and violated constitutional rules, but justices denied the claim without comment.
General News

Friday, August 29, 2025

The California Interscholastic Federation says it has immunity from claims that it is barring high school athletes from earning compensation for their name, image and likeness. The case also targets media companies accused of profiting from athletes' rights.
General News

Thursday, August 28, 2025

In a rare 4-3 split, the state Supreme Court ruled that prior convictions must qualify as serious felonies under current law to enhance sentences under the Three Strikes Law. Chief Justice Patricia Guerrero dissented, warning the decision undermines voter intent and wipes out longer terms for repeat offenders.
General News

Wednesday, August 27, 2025

The maker of ChatGPT says its rival pursued fraudulent claims and wasted years of litigation before losing a trademark fight, Quinn Emanuel Urquhart & Sullivan LLP lawyers argued in a motion.
General News

Tuesday, August 26, 2025

A divided 9th Circuit panel rejected the Trump administration's bid to cut UC research grants tied to diversity initiatives, but a same-day Supreme Court ruling suggests the justices may ultimately side with the government.
General News

Monday, August 25, 2025

In her State of the Judiciary speech in March, California Chief Justice Patricia Guerrero said the act was making it more difficult for courts to manage criminal caseloads.
General News

Friday, August 22, 2025

Mark Zuckerberg, Meta's CEO, has spent the past few months shaking up his company's artificial intelligence efforts. Now he has taken further action that may compound internal turmoil over the technology.
General News

Thursday, August 21, 2025

Class counsel in the NCAA NIL settlement seeks a court order requiring disclosure of tax consequences before athletes sell claims, citing risks of large liabilities and improper third-party-directed payments.
General News

Wednesday, August 20, 2025

The smoke from the wildfires that burned through Los Angeles in January smelled like plastic and was so thick that it hid the ocean.
General News

Tuesday, August 19, 2025

In a unanimous opinion by Justice Leondra R. Kruger, the state's high court held that elder abuse wrongful death claims are not subject to arbitration agreements signed by the decedent, resolving a split among appellate courts.
General News

Monday, August 18, 2025

A federal judge allowed OpenAI's counterclaims against Elon Musk over alleged harassment and a sham bid, while dismissing parts of Musk's lawsuit challenging the company's nonprofit-to-profit transition.
General News

Friday, August 15, 2025

Judge William Alsup denied Anthropic's bid to pause a major copyright trial over pirated books used to train AI, rejecting claims he was rushing proceedings before taking inactive status.