Daily Recorder
Sunday, March 08, 2026
GUEST COLUMNS

Friday, March 6, 2026

Casual emails, recycled opinions, and unchecked client facts can turn routine tax advice into Circular 230 violations, penalties, malpractice claims and career-ending discipline.
The crumbling infrastructure of federal courthouses is not merely a crisis of bricks and mortar but a profound human tragedy that undermines the constitutional promise of a fair and accessible legal system and underscores the urgent need for reform.

Thursday, March 5, 2026

ABA Formal Opinion 518 limits mediators from advising on a party's "best interest," making opening demands, mediator choice and strategic persuasion more crucial than ever.
President Donald Trump and his administration have escalated efforts to challenge court decisions, call for judges' impeachment and undermine the independence of the federal judiciary.

Wednesday, March 4, 2026

Twelve states have sued HHS, CMS, Robert F. Kennedy Jr., and others over Executive Order 14168, arguing that conditioning federal funding on compliance with a binary-only sex policy improperly attempts to amend Title IX, exposes grant recipients to False Claims Act liability, and forces states and organizations to navigate contested legal and financial risks.
When California attorneys learn they are the target of a State Bar OCTC investigation, they should strongly consider retaining specialized discipline defense counsel, as compressed prefiling timelines, limited discovery and nonnegotiable discipline standards can put both their license and livelihood at serious risk.

Tuesday, March 3, 2026

California's recent e-bike laws read as a buyer-beware cautionary tale: Once a device is "out-of-class," it is a motor vehicle--not a bike--triggering impoundment, forfeiture and liability for parents
Kratom and 7-OH products have been on shelves for years, but as sales pick up, the California Department of Alcoholic Beverage Control issues a warning: sell them in ABC-licensed premises and face administrative disciplinary proceedings, including suspension or revocation of the license.

Monday, March 2, 2026

The Civil Rights Act never created disparate impact liability, yet agencies embedded it across American life. President Trump now seeks to rein in that overreach and restore the law's original meaning.
Many view California as a leader in tenant protections, but its primary unsafe-housing statute remains frozen in 1985, trapping renters in a futile "notice and cure" loop. California must modernize this outdated law.

Friday, February 27, 2026

Military toughness helps in uniform but hurts in court, leaving veterans underrepresented and penalized in personal injury claims.
While federal copyright disputes have drawn the most attention, they are only the beginning; practitioners should anticipate a broad range of novel AI litigation waiting in the wings.

Thursday, February 26, 2026

Scientists and companies are using the microgravity of low Earth orbit to develop drugs in ways impossible on Earth, creating new opportunities and legal challenges for space-based biotechnology and its regulation.
As private and government activity in orbit expands, clarity in patent strategy is increasingly necessary, and recent U.S. policy shifts reflect a more innovation-focused approach to space-sector IP.

Wednesday, February 25, 2026

When a demand letter becomes a "claim": examining a novel offensive use of New York's anti-SLAPP law--and why the same strategy would fail in California.
In a 6-1 decision, the California Supreme Court considered whether an arbitration agreement that was nearly impossible to read can be enforced--and clarified how illegibility factors into contract formation and unconscionability analysis.

Tuesday, February 24, 2026

Billie Eilish's Grammy remark wasn't about land titles. It was about moral standing in the face of a deeply unjust immigration system.
California's new mobilehome laws strengthen tenant protections, modernize notices and impose stricter disaster-response obligations for parks and public agencies.

Monday, February 23, 2026

The entertainment industry is at the forefront of innovative claims arising from the intersection of media and generative AI technologies, and as these cases begin to settle on their own and with the help of mediators, they are drawing new lines in the sand while establishing novel licensing frameworks.
Legislation intended to promote affordable housing by limiting community associations' enforcement, collection, and maintenance powers often backfires, forcing compliant homeowners to subsidize non-compliant neighbors, shoulder higher costs and face greater safety and insurance risks.

Friday, February 20, 2026

Fueled by advertising deregulation from the Supreme Court of the United States, high-volume "plantation" law firms rely on mass-marketing and industrial intake systems that prioritize profit and scale over ethics, supervision and meaningful client representation.
Candlestick Park was more than cold and windy. It was built on insider deals, political maneuvering and a grand jury probe that went nowhere -- leaving taxpayers in the cold while the Giants cashed in.

Thursday, February 19, 2026

The California Court of Appeal recently held that staffing companies are not "laborers" under Civil Code section 8024 and cannot claim against public works payment bonds, while confirming that prevailing parties are entitled to attorneys' fees regardless of whether the bond is for a state or local project.
Remote car rentals aren't responsible for checking if a customer is sober--negligent entrustment requires proof the driver was known to be unfit.

Wednesday, February 18, 2026

For decades, legal research rested on the scarcity of authoritative information; general-purpose AI now places that assumption under pressure by changing how experienced lawyers test, refine and pressure-check legal reasoning.
H.R. 3699 would broadly block state and local governments from most forms of energy regulation --potentially disrupting electrification efforts, safety rules, wildfire protections and utility cost oversight.

Tuesday, February 17, 2026

Who decides when a smoke-contaminated home is safe? Right now, it's the insurance company.
In California courtrooms, companies that tightly control branded delivery operations increasingly deny responsibility after serious crashes, stepping aside as "brokers" in a practice known as liability laundering.

Friday, February 13, 2026

Although the IRS generally presumes litigation recoveries are ordinary income, damages in some defamation cases--particularly those involving harm to professional reputation or goodwill--may qualify for capital gain or basis recovery.
California's 2026 employment law updates impose new operational obligations affecting records, pay data, leave coordination and training, requiring employers to realign policies and internal systems now.

Thursday, February 12, 2026

The IRS issued Notice 2025-69 to guide taxpayers on claiming the new OBBBA deductions for qualified tips and qualified overtime compensation on 2025 returns, providing transitional rules for reconstructing amounts when forms do not separately report them.
California employers are facing a sweeping new set of employment law changes in 2026 that expand employee rights around wages, pay equity and contracting, making early compliance planning essential.

Wednesday, February 11, 2026

As genomic testing becomes more accessible, defense counsel in mesothelioma cases are increasingly leveraging BAP1 and other genetic mutations to challenge asbestos causation theories and provide an alternative explanation for the disease.
Last week, a 92-year-old driver may have mistaken the gas for the brake and crashed into Westwood's 99 Ranch Market, killing three and injuring several others, raising questions about driver age, potential medical emergencies, foreseeability, and insurance coverage.

Tuesday, February 10, 2026

Advanced vehicle technology and data are reshaping accident investigations, forcing personal injury attorneys to track system performance, human interaction and emerging liability issues in modern crash litigation.
A proposed California ballot initiative imposing a one-time 5% excise tax on billionaires' net worth has gained traction amid fiscal concerns and fairness debates, but would face significant legal and administrative challenges regardless of one's policy position.

Monday, February 9, 2026

Enacted 30 years ago through careful legislative deliberation, Section 230 remains the internet's strongest bulwark for free expression, protecting the services--and users--that make online speech possible.
AI-generated hallucinations are appearing in California court filings. When a decision rests on cases that don't exist, appellate review becomes impossible: You cannot judge the route when you cannot trust the map. California should recognize fabricated legal authority as per se reversible error, no prejudice analysis required.
Daily Recorder
901 "H" St., Suite 108
Sacramento, CA 95814
Phone: (916) 444-2355
Fax: (916) 444-0636
 
Business Hours:
M - F   8:00 am - 5:00 pm
David Houston
Editor
David_Houston@dailyjournal.com
Diana Bosetti
Contributed Columns Editor
Diana_Bosetti@dailyjournal.com
Lisa Churchill
Managing Editor
Lisa_Churchill@dailyjournal.com
Chris Nofuente
Legal Advertising/Office Manager
Chris_Nofuente@dailyjournal.com