Daily Commerce
Thursday, May 08, 2025
GUEST COLUMNS

Thursday, May 8, 2025

Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren't barred by no-contest clauses or the 120-day deadline, but follow a three-year limit under CCP § 338(d).
To ethically reach out to potential clients during a disaster, lawyers must recognize the difference between advertising and solicitation, ensuring their messages are accurate, not misleading, and in line with the Rules of Professional Conduct.

Wednesday, May 7, 2025

Litigation, like archery, demands calm under pressure, sharp focus, and the courage to strike with purpose.
The Trump Administration's crackdown on undocumented immigrants, including courthouse arrests, jeopardizes the ability of vulnerable silicosis plaintiffs who seek justice without the threat of deportation.

Tuesday, May 6, 2025

Harvard University's enduring influence and indifference to political power is nothing new.
Estate planning involves strategic decisions about asset management and transfer, with trusts serving as a key tool; however, the tax implications--ranging from income taxes on trust-generated income to estate and gift tax consequences--can be complex and require careful consideration to align with long-term goals.

Monday, May 5, 2025

Estate planning involves not only managing the distribution of assets but also addressing income tax considerations, such as the implications of final tax returns, how income generated after death is reported by estates, and the tax responsibilities of heirs and beneficiaries.
The Supreme Court's 2024 Loper Bright ruling, which overturned Chevron deference, is unlikely to significantly impact copyright law.

Friday, May 2, 2025

There is a nuanced distinction between a statute's "effective" date - the moment it becomes law--and its "operative" date--the point at which its provisions can be enforced, and how the presumption of prospective application governs most statutes.
California's SB 1383 is transforming food waste from environmental liability into economic and climate opportunity, combining bold mandates, tax incentives, and community-driven programs to slash landfill-bound organics and boost food recovery across the state.

Thursday, May 1, 2025

In Knellinger v. Young (2025), the 10th Circuit examined a case where Colorado's unclaimed property laws led to the state taking property without proper notice or compensation, with the court ultimately reaffirming that property owners are entitled to just compensation under the Fifth Amendment, regardless of administrative processes.
Proposed amendments to Rule 1469 by the South Coast AQMD aim to strengthen regulation of hexavalent chromium emissions to protect public health and address environmental justice concerns, but they also present significant operational, financial, and competitive challenges for industries reliant on Cr(VI).

Wednesday, April 30, 2025

Emblem and remedy: How a California housing rights law already uniquely protects immigrant tenants from unscrupulous landlords emboldened by Trump's anti-immigrant rhetoric.
It's time to replace outdated, court-based speed enforcement with automated civil penalties focused on the vehicle, not the driver, to make our streets safer and hold car owners financially accountable for dangerous speeding.

Tuesday, April 29, 2025

At its core, the Genesys Cloud Services litigation extends established privacy principles to AI vendors, foreshadowing the compliance landscape companies must navigate as they integrate intelligent technologies.
Trump's push to fast-track deregulation bypasses Administrative Procedure Act rules, but courts--bolstered by Loper Bright--may block shortcuts that sidestep public input and legal procedure.

Monday, April 28, 2025

As the federal government retreats from climate regulation, California steps up with sweeping disclosure laws requiring large companies doing business in the state to report emissions and climate-related financial risks.
Though well-intentioned, the act urgently needs reform to distinguish between viable housing sites and rural parcels like El Dorado's pond where rigid application of the law blocks community-driven efforts to preserve public spaces without advancing affordable housing goals.

Friday, April 25, 2025

How big tech defends algorithmic addiction in the name of the First Amendment.
AI developments are rapidly reshaping the legal landscape, with key issues like copyright infringement, trademark misuse, defamation, right of publicity, and unfair competition highlighted through the hypothetical AI-created film

Thursday, April 24, 2025

Immigration crackdowns post-2025 have made compliance a top business priority, with rising audits, steep fines, and legal risks forcing employers to act fast and stay sharp.
California Senate Bill 832, which proposed stringent "clear and convincing" evidence requirements for childhood sexual abuse survivors, faced significant backlash, leading to its withdrawal after widespread community mobilization and advocacy.

Wednesday, April 23, 2025

Amid rising political scrutiny and legal uncertainty, California nonprofits must navigate shifting rules and rising risks around 501(c)(3) and (4) advocacy to protect their tax-exempt status and public trust.
Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions, but complexities in the tax code, such as the treatment of settlements and the IRS's evolving interpretations, make it crucial for taxpayers to carefully navigate insurance recoveries to avoid unintended tax liabilities.

Tuesday, April 22, 2025

The illegal deportation and continued imprisonment of Kilmar Abrego García--despite court orders and government admissions of error -has laid bare a full-blown constitutional crisis, as a defiant executive branch ignores the rule of law, punishes truth-tellers, and openly wages war on judicial authority.
Letitia James, the New York AG who vowed to "get Trump," is now facing a potential federal criminal probe after the FHFA accused her of falsifying mortgage documents to get better loan terms--allegations strikingly similar to those she used to win a $464M civil case against Trump.

Monday, April 21, 2025

As professional salaries in women's sports remain underwhelming, female college athletes are uniquely positioned to maximize their earnings through NIL deals -- making strategic planning and legal guidance essential for sustaining long-term financial success.
The El Salvador deportations highlight how the Trump Administration may have manufactured foreign entanglements to bypass domestic due process requirements for accused individuals.

Friday, April 18, 2025

In Capito v. San Jose Healthcare, the California Supreme Court addressed the scope of "unfair" business practices under section 17200, ruling that hospitals don't need to disclose emergency service fees beyond what is required by existing regulations, while suggesting that "unfairness" in consumer cases may be limited by the Cel-Tech "safe harbor" rule.
Laws have largely failed to prevent AI generated impersonations and technology companies aren't helping.

Thursday, April 17, 2025

President Trump's repeal of a 2024 rule halts mandatory crypto transaction reporting to the IRS, but crypto remains taxable as property, requiring accurate reporting of gains, losses, and income to avoid penalties.
In the aftermath of Los Angeles wildfires, policyholders must navigate complex insurance challenges to secure fair compensation and rebuild their lives - here's what you need to know.

Wednesday, April 16, 2025

A settlement may feel like the end of conflict, but without careful planning, enforcement mechanisms, and foresight, it can quickly unravel into renewed hostilities and litigation.
By providing junior associates with hands-on trial experience and meaningful roles in high-stakes business disputes, firms can foster growth, build successful teams, and achieve impactful results, as demonstrated by a recent case that resulted in a $28.5 million jury verdict.

Tuesday, April 15, 2025

As design patents grow in popularity due to their cost-effectiveness and strong remedies, recent court rulings have sharpened the focus on how clearly patent drawings must define an invention, setting new boundaries for what constitutes indefiniteness in design patent law.
As California pursues its 2045 clean electricity goal, local agencies and utilities are navigating legal, technological, and policy challenges to balance grid reliability and decarbonization.

Monday, April 14, 2025

Effective payor-provider mediations require meticulous preparation, including detailed claims spreadsheets, expert input, and clear communication, with careful attention to approaches for claim grouping and productive participation.
Children sexually abused in foster care face barriers to justice when the law shields social workers under discretionary immunity without examining if meaningful discretion was actually exercised.

Friday, April 11, 2025

While technology offers efficiency, in-person interactions are crucial for building trust and resolving emotionally charged disputes, particularly in cases involving deeper personal stakes.

Thursday, April 10, 2025

In L & S Framing Inc. v. California Occupational Safety and Health Appeals Board, the Court of Appeal upheld the agency's interpretation of its regulations, emphasizing that administrative agencies' interpretations of their own rules are entitled to significant deference, even when contested by strong arguments from the opposing party.
President Trump's recent executive order imposing universal tariffs of 10%, with higher rates for certain trading partners, raises significant legal and economic concerns, particularly over its questionable constitutional authority, its potential to harm American consumers, and its broader impact on global trade relations.

Wednesday, April 9, 2025

A recent court ruling raises new questions about the scope of liability for owners and contractors when subcontractor employees are involved in incidents away from the construction site.
Governor Newsom's efforts to shield California companies from foreign retaliatory tariffs by working directly with foreign governments could violate the Logan Act.

From left: Brian D. Shapiro and William D. Shapiro (file photo)

NEWS

General News

Thursday, May 8, 2025

The Federal Reserve is expected to keep its key rate steady, after a series of cuts that lowered rates by a full percentage point last year.
General News

Thursday, May 8, 2025

Los Angeles judge tentatively rules to compel arbitration in age discrimination lawsuit against Tommy Bahama, rejecting former employee's claim that an incomplete arbitration agreement was unenforceable.
General News

Thursday, May 8, 2025

Oakland jury orders NSO Group to pay Meta $168 million for hacking 1,400 WhatsApp users with Pegasus spyware in 2019, following sanctions for evidence withholding. NSO considers appeal.
General News

Wednesday, May 7, 2025

A San Diego judge rules the Port of Los Angeles violated air quality laws at its China Shipping terminal, ignoring a 2024 judgment.
General News

Wednesday, May 7, 2025

Once upon a time, Hollywood wasn't just a neighborhood. It was the beating heart of film and television production in North America. But over the last two decades, the bright lights of Los Angeles have dimmed.
General News

Wednesday, May 7, 2025

Plaintiffs' attorneys argue Edison is demanding damage details far sooner than in previous wildfire cases.
General News

Tuesday, May 6, 2025

It's especially important to understand your options, experts on student borrowing say, because many aspects of the federal student loan system are in flux.
General News

Tuesday, May 6, 2025

Attorneys for the Sierra Club pointed to the Oregon ruling -- which rebuked federal officials for skirting key environmental reviews -- as fresh authority in a case seeking to block large-scale tree removal in the fire-scarred Giant Sequoia National Monument.
General News

Tuesday, May 6, 2025

Eleven artists settled for $1.26 million mid-trial after a 2021 Little Tokyo Art Complex fire destroyed their works, raising issues of landlord liability and property damage valuation.
General News

Monday, May 5, 2025

U.S. District Judge Sunshine Sykes denied independent producer Francesca Gregorini's bid for a new trial in $81M "Servant" infringement case, upholding the jury's verdict.
General News

Monday, May 5, 2025

Can Los Angeles, by devoting time and attention to the long-suffering area around historic MacArthur Park, actually make a difference for those who live and work there, those who have despaired as the park has become a magnet for drugs, gangs and crime?
General News

Monday, May 5, 2025

U.S. District Judge Yvonne Gonzalez Rogers ruled that Apple's noncompliance with her injunction to stop overcharging app developers was a "gross miscalculation." She referred the company to federal prosecutors for possible criminal contempt.
General News

Friday, May 2, 2025

The plaintiffs are SpaceX employees who claim they were passed over for engineering jobs and paid less than their male, white counterparts.
General News

Friday, May 2, 2025

More than ever before, investors are inundated with news alerts and headlines on market-moving events.
General News

Friday, May 2, 2025

Disney seeks $532,815 in sanctions against the plaintiff's attorneys, saying copyright claims against "Moana" were baseless
General News

Thursday, May 1, 2025

One of the state Capitol's perpetual conflicts, dubbed "tort wars," pits personal injury attorneys and their allies, such as labor unions, against business groups and their insurers over laws governing which activities can be subjected to damage-seeking lawsuits.
General News

Thursday, May 1, 2025

Los Angeles County approves $4 billion settlement for 6,800 victims of systemic sexual abuse, straining budget.
General News

Thursday, May 1, 2025

James Clark defends "toll and dismiss" plan in State Bar hearing over Los Angeles utility billing scandal, risking disbarment.
General News

Wednesday, April 30, 2025

U.S. District Judge Dean D. Pregerson dismisses copyright claims against "Yellowjackets," citing unprotected survival genre tropes and lack of substantial similarity.
General News

Wednesday, April 30, 2025

If children have questions about finances, parents should be ready to talk, experts say.
General News

Wednesday, April 30, 2025

The 4th District Court of Appeal affirmed a $538,890 award against FemtoMetrix executives for filing a fraudulent tax return, rejecting their claim that only the company was liable.
General News

Tuesday, April 29, 2025

A few years ago, buying a Tesla in Mill Valley meant that you had money but were not overly showy. It meant you were a progressive environmentalist who had style.
General News

Tuesday, April 29, 2025

On Friday, the Commission on Judicial Performance suspended Jeffrey M. Ferguson from the bench without pay. Ferguson's drinking and affinity for carrying guns was well known around the North Justice Center courthouse, where he presided over a criminal arraignment calendar, according to trial testimony and interviews with members of the bar.
General News

Tuesday, April 29, 2025

The California Air Resources Board has agreed to roll back portions of its landmark trucking emissions regulations in the face of mounting legal challenges and shifting political winds. The settlement with trucking industry plaintiffs signals a major setback for the state's climate goals.
General News

Monday, April 28, 2025

Judge awards $1.6M in attorney fees in the Lunada Bay beach access case, but at least two plaintiffs' counsel may appeal.
General News

Monday, April 28, 2025

A new bill from Sen. Lola Smallwood-Cuevas, D-Los Angeles would require California employers to publicly report how they electronically monitor workers. Supporters cite privacy and mental health concerns, while business groups warn the measure could compromise security.
General News

Monday, April 28, 2025

Investing in choppy markets, especially with an unpredictable president at the helm, can be distressing. It can be even more so if you are relying on these investments to pay for something as important as your child's college tuition, and you need the money in the foreseeable future.
General News

Friday, April 25, 2025

The move came as disputes emerge over whether power lines or water supply failures fueled the destruction.
General News

Friday, April 25, 2025

Landlord claims Foundery abandoned $11.8M lease, misrepresented finances, and mingled assets, seeking damages for breach and fraud.
General News

Friday, April 25, 2025

The most telling moment of the U.S. antitrust trial against Meta so far came halfway through more than 10 hours of testimony from Mark Zuckerberg, the company's chief executive.
General News

Thursday, April 24, 2025

Disbarred attorney Paul O. Paradis testifies ex-deputy city attorney James Clark lied about steering a class action lawsuit tied to LA's 2013 water billing scandal.
General News

Thursday, April 24, 2025

Persuading people to spend money in a time of unpredictable tariffs is proving to be a complicated calculation for the $380 billion American advertising industry.
General News

Thursday, April 24, 2025

The 9th U.S. Circuit Court of Appeals ruled the city lacked standing, reaffirming a 1980 precedent barring local governments from suing their states over laws they're required to enforce.
General News

Wednesday, April 23, 2025

It is noteworthy that some of the earliest mentions of "looting" in news reports during this year's deadly fires in Los Angeles County made the point that there actually wasn't much of it.
General News

Wednesday, April 23, 2025

Three of the students say they were arrested but not convicted. The government, which was not granted a hearing, says it has not declared them deportable.
General News

Wednesday, April 23, 2025

An en banc panel reinstated a plaintiff's proposed class action against Shopify, ruling the company's alleged data-mining practices were deliberately aimed at California consumers. The closely watched decision marks a significant development in personal jurisdiction law as it applies to online commerce.
General News

Tuesday, April 22, 2025

A $5 cap on fees for overdrawing your bank account balance is likely to be among the latest consumer protections from Joe Biden's presidency to fall.
General News

Tuesday, April 22, 2025

The delays, attributed by county officials to red tape and staffing shortages, raise concerns that the government may lack the funds to pay, especially in the wake of state legislation that allows previously time-barred claims of sexual abuse.
General News

Tuesday, April 22, 2025

A new Stanford Law School study examining tenant outcomes in Los Angeles eviction courts has drawn sharp criticism from landlord attorneys, who argue it paints an unfair picture of the system and ignores the financial and procedural burdens on property owners. Tenant advocates, however, maintain legal representation is essential to protecting renters' rights--even when eviction is inevitable.
General News

Monday, April 21, 2025

U.S. District Judge Jesus J. Bernal wrote that the policy violations violates constitutional and federal law, and issued an emergency national injunction.
General News

Monday, April 21, 2025

Why there is no train to the airport is anybody's guess.
General News

Monday, April 21, 2025

Orange County Judge Jeffrey M. Ferguson took the stand in his own defense Thursday afternoon, breaking down as he discussed his drinking, the night of the killing, and his claim that the shooting was unintentional.
General News

Thursday, May 8, 2025

The father and son team said the new office will complement their existing operation in the Inland Empire.
General News

Wednesday, May 7, 2025

A judge tentatively approved dumping Los Angeles County wildfire debris in Calabasas Landfill, finding no evidence of hazardous waste, as the city has until June 2 to amend its complaint.
General News

Tuesday, May 6, 2025

An appellate ruling found the LA gondola's environmental report inadequate under CEQA, delaying construction. Experts say revising the report can keep the project on track, but it's not certain if it will be ready for the 2028 Olympics.
General News

Monday, May 5, 2025

A Los Angeles judge is considering petitions against Los Angeles for approving a luxury Hollywood hotel project, risking demolition of affordable housing.
General News

Friday, May 2, 2025

The decision caps a chapter in litigation stretching back to the 1990s, involving complex asset protection schemes, IRS scrutiny, and claims of fiduciary breach.
General News

Thursday, May 1, 2025

U.S. retailers and manufacturers, faced with sky-high tariffs on Chinese goods, are pausing and reducing shipments from China. The pullback is expected to hit West Coast ports within days.
General News

Wednesday, April 30, 2025

Los Angeles County presiding judge pushes to coordinate nearly 80 silicosis cases from three counties over claims granite counters caused the disease.
General News

Monday, April 28, 2025

Los Angeles judge voids Pomona's $500-a-day fine on Regency Outdoor Advertising, ruling it an illegal penalty in billboard dispute.
General News

Friday, April 25, 2025

A Los Angeles judge's stay on a Huntington Park council replacement is stalled by appeal, but the city risks legal peril if it goes ahead.
General News

Thursday, April 24, 2025

Ex-judge Vijay Gandhi, a plaintiff and lawyer, sues LA for wildfire that destroyed his and U.S. District Judge Dean Pregerson's homes.
General News

Wednesday, April 23, 2025

San Francisco city attorney sues GoShare, alleging illegal driver misclassification under Proposition 22, claiming excessive control and denial of worker benefits, with experts split on the lawsuit's prospects.
General News

Tuesday, April 22, 2025

In a tense moment during cross-examination Friday, Judge Eleanor J. Hunter scolded former Orange County Judge Jeffrey M. Ferguson for attempting to steer courtroom proceedings in his own retrial for the shooting death of his wife. Hunter warned the jury would be excused every time Ferguson grew emotional on the stand, while prosecutors questioned inconsistencies in his version of events.
General News

Monday, April 21, 2025

The swift order from U.S. District Judge Sunshine S. Sykes of Riverside came days after the government said it had no power to retrieve another accused gangster deported in error to El Salvador.