Daily Commerce
Thursday, May 22, 2025
GUEST COLUMNS

Thursday, May 22, 2025

Real estate's digital evolution promises incredible efficiency gains but requires advanced planning to successfully navigate cybersecurity risks.
In response to post-COVID workplace shifts, law firms--long familiar with remote work--are transforming their office spaces to support hybrid models, enhance collaboration, foster firm culture, and attract top talent through wellness, amenities, and technology.

Wednesday, May 21, 2025

The Trump administration's enforcement of the long-dormant Alien Registration Act of 1940 presents immigration attorneys with an ethical dilemma and their clients with an impossible choice.
Senate Bill 607 poses one of the most serious threats in decades to the California Environmental Quality Act, undermining a 50-year legacy of environmental protection and public participation, and endangering vulnerable communities by weakening critical environmental review and accountability.

Tuesday, May 20, 2025

The Ninth Circuit's decision in Duarte upheld a lifetime gun ban for non-violent felons, clashing with Bruen's historical test and deepening a circuit split that now begs for Supreme Court review.
As the Supreme Court weighs the procedural challenge to nationwide injunctions in Trump, et al. v. CASA, Inc., et al., the nation must remain focused on the original intent of the 14th Amendment--to guarantee full citizenship and equal protection under the law to all persons born on U.S. soil.

Monday, May 19, 2025

Aging on the bench is a complex and deeply personal journey, and while some judges remain sharp and effective well past traditional retirement age, the struggle to assess one's own decline, the fear of irrelevance, and the pull of legacy and identity make the decision to step down as difficult as it is inevitable.
As NIL rights continue to reshape college athletics, from high-profile transfer disputes like Nico Iamaleava's to antitrust litigation and revenue-sharing negotiations, sports lawyers are increasingly essential in navigating the legal and regulatory chaos.

Friday, May 16, 2025

Goebner confirms that in probate court, the deadline to file a demurrer is any time at or before the hearing, rather than within 30 days of service of the petition, as would be required in civil actions.
With sky-high beef prices and biotech prowess, California can pioneer a hybrid meat model--blending ranching and cultivated meat to cut emissions, boost resilience, and lead the global protein shift.

Thursday, May 15, 2025

California's well-intentioned AB 218 opened the door for long-overdue justice for survivors of childhood sexual assault, but its sweeping elimination of time limits on claims has left public schools and local governments vulnerable to massive liabilities, threatening their financial stability and essential services.
A federal judge recently condemned Apple's willful noncompliance with an injunction and referred the matter for criminal contempt: reminding the legal profession that candor isn't optional -- it's the job.

Wednesday, May 14, 2025

California law once allowed negligent parties to escape full accountability when injured victims died before trial--erasing their pain and suffering from the record--but unless lawmakers pass Senate Bill 29 to make recent reforms permanent, that unjust "death discount" will return in 2026.
Business Email Compromise (BEC) is a fast-moving, trust-based cyberattack that exploits human behavior - not technical flaws - to defraud organizations of billions, making it one of the most financially damaging threats in today's digital workplace.

Tuesday, May 13, 2025

The U.S. Supreme Court's decision may require policymakers to consider targeted reforms to ensure ERISA continues to serve its intended purpose.
The Supreme Court will hear arguments next week in three consolidated cases challenging President Trump's executive order on birthright citizenship, focusing narrowly on whether the lower courts exceeded their constitutional authority under Article III by issuing nationwide injunctions that extended relief beyond the parties before them.

Monday, May 12, 2025

The Ninth Circuit took a common-sense approach in the case, steering clear of case law and legislative history, and focusing on what could be proven
California is pioneering sustainable food systems through innovative corporate models and legislation that embed circular economy principles.

Friday, May 9, 2025

The Ninth Circuit's decision in D'Braunstein v. CHP offers a rare win for civil rights plaintiffs, highlighting how qualified immunity--often a near-fatal obstacle--can be overcome when officers fail to recognize and respond to visible medical distress.
Puerto Rico faces worsening blackouts as leaders extend coal and gas use--ignoring clean, proven solutions like rooftop solar that could meet demand and save lives.

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 ยง 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.

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