GUEST COLUMNS
Thursday, October 8, 2026
Practicing law requires intelligent use of artificial assistance. SB 574, now the law, provides guidelines and guardrails.
SB 342 changes California contractor licensing law by replacing total forfeiture for certain temporary licensing lapses with a proportional remedy based on the period a contractor or subcontractor was properly licensed.
Wednesday, October 7, 2026
At stake is whether retirement plan participants will have ready access to federal courts to challenge poor or unsuitable investment choices and hold plan fiduciaries accountable.
The Supreme Court must decide whether it can review ExxonMobil and Suncor's federal defense before Colorado's climate deception lawsuit reaches a final judgment, a decision that could affect state court autonomy and litigation far beyond climate cases.
Tuesday, October 6, 2026
California's 2026 cannabis legislation tightens rules for packaging, beverages and testing while refining hemp-cannabinoid definitions and enforcement, with most changes taking effect in 2027 or later.
California cities are increasingly regulating self-checkout lanes, raising broader questions about private enforcement, employer liability and the growing patchwork of local business regulations.
Monday, October 5, 2026
While lawsuit settlements are generally taxable, construction defect and property damage recoveries often follow different rules that can reduce, defer or even eliminate tax.
As Opportunity Zones enter a new phase in 2027, investors and fund sponsors must prepare for new census tract designations, expanded reporting requirements and the tax consequences of existing investments.
Friday, October 2, 2026
Product features that improve performance, reduce costs or give competitors a needed advantage cannot receive trade dress protection, so companies should examine patent filings, marketing claims and design choices before asserting trademark rights.
Tax-aware long/short investing seeks to generate capital losses that can offset taxable gains while maintaining market exposure; in the first of a two-part series, the strategy's mechanics and potential economic value are examined.
Thursday, October 1, 2026
Lender-placed insurance policies are becoming an important issue in California wildfire litigation, raising difficult questions about when homeowners who are not named insureds can nevertheless sue insurers as third-party beneficiaries for fire and smoke damage.
I've lived here my whole life, grateful for the warmth, community and my home. But as a junior in college, I'm asking a question I never expected to: Can I afford to stay here?
Commercial arbitration can offer privacy, expertise and speed, but businesses should tailor each clause to the likely dispute because arbitration can also raise costs and limit discovery, court remedies and appeals.
Wednesday, September 30, 2026
The California Supreme Court should
reconsider or narrow In re Estrada because its presumption of
retroactivity conflicts with Penal Code section 3 and has produced an
increasingly difficult and inconsistent body of law.
California's new autonomous vehicle rules don't rewrite liability law, but they do create a critical evidentiary record that attorneys must identify, preserve and understand when litigating AV crashes.
Tuesday, September 29, 2026
Even the most unapologetically aggressive attorneys face anxiety. A candid look at managing the pressures of legal practice--and why talking openly about mental health matters.
Congress has introduced the Motion Picture, Television, and Entertainment Revitalization Act, delivering a federal film tax credit with competitive rates, no sunset provision, and a January 1, 2027, effective date.
Monday, September 28, 2026
As PFAS monitoring and remediation costs rise, California public entities may find millions in cleanup coverage hiding in decades-old insurance policies without modern pollution exclusions.
For beneficiaries considering a challenge to an estate plan, the substantive strength of a claim may not be enough to protect an inheritance from forfeiture.
Friday, September 25, 2026
Generational differences are reshaping legal culture, requiring attorneys and mediators to recognize changing communication styles and understand how they can influence litigation, mediation and dispute resolution.
The 9th Circuit is weighing whether California's "captive audience" law unlawfully restricts employer speech and conflicts with federal labor law, although questions about the challengers' standing could allow the court to avoid deciding those broader issues.
Thursday, September 24, 2026
Jurisdictional priority among family law, juvenile dependency and probate courts must be reexamined to prevent conflicting orders, unnecessary delays and prolonged uncertainty in the safe placement of minor children.
AB 2305 draws a bright line between funding litigation and controlling it, allowing certain financial arrangements while barring corporate funders from influencing lawyers' professional judgment, litigation strategy, client selection or settlement decisions.
Wednesday, September 23, 2026
SB 690 could wipe out most pending pen register claims and curb efforts to stack statutory damages, even as plaintiffs continue pursuing claims under CIPA's wiretapping provision.
California's first Delete Act enforcement actions put data brokers on notice: Regulators are moving quickly, and companies that delay compliance face mounting penalties and obligations.
Tuesday, September 22, 2026
California's new child-safety laws create new avenues for holding social media and AI companies liable, but their effectiveness will depend on lawyers and regulators enforcing them.
The Supreme Court's East Wing ruling casts doubt on decades of precedent recognizing aesthetic injury as sufficient for standing, potentially creating a significant new obstacle to environmental litigation.
Monday, September 21, 2026
From fraudulent transfers and strategic bankruptcies to hidden assets and sham entities, family law attorneys need actionable strategies to protect judgments, preserve leverage and position clients for successful enforcement.
The Pandora litigation shows how comedians are challenging traditional copyright models as streaming and AI create new opportunities--and new pressure--to separately protect and monetize their underlying material.
Friday, September 18, 2026
The First District's ruling that San Francisco's Empty Homes Tax is preempted by the Ellis Act reinforces an owner's right to remain out of the rental market and signals caution for other cities considering vacancy taxes.
Proposition 45's plain language, and millions of dollars in donations from data center developers, show that the measure will cover data centers and weaken public health protections for surrounding communities.
Thursday, September 17, 2026
Forty years after the Aeromexico Flight 498 disaster, its litigation and legacy show how an avoidable tragedy reshaped aviation safety--and why the lessons remain relevant today.
AI startups' reliance on third-party technology and increasingly valuable data can complicate bankruptcy, raising questions about what can be sold, what survives and whether existing privacy protections are enough.
Wednesday, September 16, 2026
As courts grapple with reverse warrants for digital data, they must decide whether longstanding Fourth Amendment rules should apply differently simply because digital is different.
IRS Forms 1099 are easy to ignore until tax time but overlooking them--or assuming they determine taxability--can trigger costly mistakes.
Tuesday, September 15, 2026
Kevin Reddington didn't get Lindsay Clancy acquitted. But in a triple-murder case that looked indefensible, he got 11 of 12 jurors to see it his way.
The 4th Circuit's decision provides a useful, defense-oriented roadmap for resisting environmental injunctions premised on alleged future health effects where the movant cannot show likely irreparable harm.
Monday, September 14, 2026
A recent ruling overturning economic
espionage convictions shows how timing, and even a defendant's ineptitude, can
undermine proof that stolen trade secrets were intended to benefit a foreign
government.
The 9th Circuit's Ding decision clarifies when later-discovered sexual harassment claims can shift a case from arbitration to court, while making knowledge and waiver central to the forum analysis.
Friday, September 11, 2026
California courts are chipping away at privity as a shield for construction consultants, with Lynch signaling broader potential liability to project owners, particularly in residential construction.
California's proposed Billionaire Tax Act presents estate planners with significant challenges, including retroactive application, anti-abuse provisions and unresolved questions about its treatment of trusts.
Thursday, September 10, 2026
Stock options and other equity compensation can build significant wealth, but their tax treatment is anything but simple--especially for Californians, where moving out of state may not end state tax obligations.
California's strict subjective standard for the "expected or intended" insurance defense gives policyholders powerful arguments against insurers seeking to deny coverage or recoup payments for the recent wave of sexual abuse cases arising from decades-old abuse.
Wednesday, September 9, 2026
Employers should recognize that seemingly neutral workplace policies can disadvantage employees with invisible disabilities and take proactive steps to provide reasonable accommodations, reduce implicit bias and create a genuinely inclusive workplace.
As remote work expands, FEHA's retaliation protections extend beyond the physical workplace, requiring California employers and employees to consider how virtual communications, offsite conduct and workplace complaints may give rise to liability.
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Oakland, CA 94607
P: 510.272.4747
F: 510.465.1657
Inter_City@dailyjournal.com
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