GUEST COLUMNS
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.
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.
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.
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It's time to replace outdated, court-based speed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.
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
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.
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.
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.
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.
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OrangeCountyReporter@dailyjournal.com
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