Inter-City Express
Wednesday, July 22, 2026
GUEST COLUMNS

Wednesday, July 22, 2026

Brand disputes are not always just about trademark confusion; businesses can gain strategic advantages by identifying when misleading advertising, unfair competition and consumer perception issues tell a broader story.
In negligent supervision cases against schools, it's the act, not the injury, that courts want to identify.

Tuesday, July 21, 2026

California companies do business around the world. Their disputes should stay here.
Cal/OSHA's trench safety warning underscores a broader legal reality: organizations that fail to assess foreseeable risks before work begins may face liability for their own decisions, regardless of who performs the work.

Monday, July 20, 2026

Under the Privette doctrine's "retained control" exception, a general contractor isn't liable for a subcontractor's employee's ladder-fall injuries unless the contractor affirmatively contributed to the unsafe condition, not merely permitted it to exist.
Employment cases are often won or lost years before trial because everyday workplace decisions, manager communications and internal documentation create a hidden litigation record that ultimately determines whether a jury believes the employer's story.

Friday, July 17, 2026

The IRS's new guidance on the Opportunity Zone program clarifies key transition rules under the One Big Beautiful Bill Act, providing investors and fund sponsors with greater certainty as they prepare for the program's next phase.
California's new autonomous vehicle enforcement rules may transform traffic violations into critical evidence in future litigation by creating records that help courts, insurers and regulators determine responsibility when no human driver is behind the wheel.

Thursday, July 16, 2026

The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms Duran while signaling more exacting scrutiny of classwide proof, from the initial case management conference through trial.
The U.S. Supreme Court's decision upholding West Virginia's ban on transgender girls participating in girls' sports continues its recent pattern of rejecting transgender rights claims while weakening the constitutional protections traditionally applied to sex discrimination.

Wednesday, July 15, 2026

From a tax viewpoint, condemnation recoveries can trigger taxable gain, but Section 1033 of the Internal Revenue Code may allow taxpayers to defer that gain by rolling it into similar replacement property.
The same chemical properties that made PFAS commercially valuable have also created long-tail risks for manufacturers, insurers and regulators.

Tuesday, July 14, 2026

Trump administration immigration policies are not merely enforcing the law--they are reshaping immigrant behavior in ways that reinforce longstanding stereotypes, creating the very conditions critics have long condemned.
California's new prior authorization law does more than limit insurers' use of prior authorization--it gives the Department of Health Care Services broad authority to determine when the practice is permitted.

Monday, July 13, 2026

The U.S. Supreme Court's May decision in Montgomery v. Caribe Transport II LLC has renewed attention on a question long beneath the surface of trucking litigation: What responsibility do freight brokers bear when selecting the carriers that move freight across America's highways?
The Great Wealth Transfer is shifting estate planning from simply transferring assets to preparing future generations to govern, lead and preserve complex family enterprises through thoughtful succession planning.

Friday, July 10, 2026

The Space Force is more than America's newest military branch--it was created to protect the space systems that support both national defense and everyday life.
Recent FEHA and ADA rulings confirm that remote work isn't an automatic disability accommodation. Courts still require employers to weigh essential job functions, employee limitations and operational needs through a good-faith interactive process before deciding whether telework is reasonable.

Thursday, July 9, 2026

A Los Angeles jury verdict in K.G.M. v. Meta Platforms, Inc. & YouTube LLC signals a potential breakthrough in holding social media companies liable for alleged addictive design features and harm to minors, testing the limits of Section 230 immunity.
California family courts are increasingly being asked to resolve custody disputes that span countries, languages and cultures-- resulting in custody arrangements fundamentally different from those of past decades.

Wednesday, July 8, 2026

In Wolford v. Lopez, the Supreme Court upheld Hawaii's law requiring concealed-carry permit holders to obtain express permission before entering publicly accessible private property, deepening the post-Bruen divide over whether the Second Amendment turns on historical tradition or state authority to regulate armed access to property.
The U.S. Supreme Court's decision in Monsanto v. Durnell undermines the legal foundation of thousands of California Roundup lawsuits and foreshadows a critical test for the California Supreme Court in the pending Gilead Tenofovir cases.

Tuesday, July 7, 2026

A look at how judicial independence has enabled courts to protect -- and, at times, fail to protect -- constitutional equality, from Yick Wo and Brown to Korematsu and Dred Scott.
The proposed California ethics rules would incorporate artificial intelligence into existing professional conduct rules, but questions remain whether those standards adequately address autonomous "agentic AI" systems that perform complex legal tasks with minimal human oversight.

Monday, July 6, 2026

Data centers, like mid-20th-century urban freeways, are being rapidly sited with insufficient local input and oversight. Stronger environmental review, compensation and preservation of local land-use authority are necessary to avoid repeating past governance mistakes.
The EPA's proposal to rescind certain PFAS drinking water standards turns on statutory interpretation and administrative procedure--not a reassessment of PFAS risks--and may have limited practical effect for California businesses.

Thursday, July 2, 2026

As executive departures become more frequent, employers must be prepared to address the legal and business risks that can follow, from protecting trade secrets to managing key-person succession.
As employers rely on AI to make employment decisions, they may still be held liable when automated systems produce discriminatory results--even if the technology is supplied by a third-party vendor.

Wednesday, July 1, 2026

Workplace investigators who skip rapport-building in favor of blunt fact-finding may be undermining their own interviews. Building trust first often yields more candid conversations and better information.
In FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., the Supreme Court ruled that Section 47(b) of the Investment Company Act does not allow private lawsuits, sharply limiting activist investors' ability to challenge closed-end fund governance in court.

Tuesday, June 30, 2026

Lasting client relationships are built not on rainmaking alone, but on trust, proactive communication, business-minded advice, realistic expectations, mastery of the file, transparency when things go wrong, and a willingness to deliver difficult news personally.
Pope Leo XIV's encyclical on artificial intelligence frames AI as a question of human dignity and may shape future religious accommodation claims, even as U.S. courts continue to apply existing legal standards rather than theological authority.

Monday, June 29, 2026

As Kirkland & Ellis reportedly invests roughly $500 million in its own AI platform, many lawyers are asking a pressing question: How can smaller firms keep up?
Smoke inhalation injuries are routinely underestimated, delayed in presentation and catastrophic when untreated. For elderly residents in nursing homes and care facilities, the window between exposure and irreversible harm is shorter than most people realize.

Friday, June 26, 2026

The Supreme Court's rulings in major Cuban confiscation and trafficking cases clarify the scope of the Libertad Act and modern takings doctrine, reinforcing liability for use of expropriated property while underscoring the procedural and remedial complexities of pursuing long-delayed compensation claims.
The Private Works Change Order Fair Payment Act may fundamentally reshape construction dispute resolution in California, requiring parties to navigate a series of mandatory pre-dispute procedures before claims can proceed to arbitration or litigation.

Thursday, June 25, 2026

As federal antitrust enforcement falters and monopolies tighten their grip on the economy, California's COMPETE Act aims to close a century-old loophole and give the state stronger tools to rein in dominant corporations.
Insurance coverage disputes always start with questions about the interpretation of insurance policies. But despite decades of court decisions explaining the governing principles, differences persist over a key question: whether and when extrinsic evidence can be considered in interpreting policy language.

Wednesday, June 24, 2026

Attorneys absorb clients' trauma every day, yet the profession rarely acknowledges the toll. Recognizing vicarious trauma is essential not just for lawyer well-being, but for competent, sustainable advocacy.
Public distrust of lawyers and judges, fueled by high-profile scandals and everyday misconduct, threatens confidence in the justice system, making the restoration of public trust one of the legal profession's most urgent responsibilities.

Tuesday, June 23, 2026

A new Court of Appeal decision, Godoy v. Linzner, holds that trust provisions restricting beneficiaries' ability to sell inherited property can be struck down as unreasonable restraints on alienation under Civil Code section 711.
Simple professional courtesies, such as accepting reasonable procedural suggestions, meeting and conferring before raising discovery disputes, and reciprocating accommodations, make arbitration hearings more efficient, effective and professional for everyone involved.
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