Rachel Bender

Self-represented litigants in California have free legal resources available to them, including the California Courts Self-Help Guide and court-based self-help centers. Learn more about programs for self-represented litigants in the California Courts Newsroom: https://lnkd.in/gvyp3nw8

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CASE ALERT - The California Supreme Court has granted review in Hearn v. Pacific Gas & Electric Co., a case that could reshape the boundaries between defamation and wrongful termination claims in the employment context. The Court of Appeal had reversed a $2.1 million jury verdict in favor of a former PG&E lineman, holding that his defamation claim was not independently actionable because the harm he alleged—loss of employment—was indistinguishable from a wrongful discharge theory on which he did not prevail. The Supreme Court’s decision to take up the case signals a potential shift in how defamation claims arising from workplace investigations and terminations are treated. The issue to be briefed and argued is limited to: May a terminated employee bring a defamation claim against a former employer when the defamation allegedly contributed to the reasons for the termination of that employment, or must such a claim be pursued under a wrongful discharge theory? _____________________________________ #CaliforniaSupremeCourt #CaliforniaEmploymentLaw #EmploymentLaw #DefamationLaw #WrongfulTermination

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The March/April 2025 issue of Los Angeles Lawyer Magazine—the magazine of the Los Angeles County Bar Association—is now available online. In this issue, my “From the Chair” article explores how simple “term sheet” agreements signed during mediation have been judicially enforced.  #LACBA #adr #settlement #mediation #arbitration #triallawyer #attorney

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Many business disputes start long before anyone files a complaint. Our article published in California Lawyers Association Business Law News looks at how unclear contract terms create unnecessary conflict, and why careful drafting can save time, money, and relationships. I was honored to co-author this with my former colleague and friend, April Vincent.

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There Is No Shortage Of Recent Headlines About States Pushing Back on Federal AI Preemption – Let's Briefly Look At Why It Matters for Business California’s Attorney General Rob Bonta joined 23 attorneys general in a letter to the FCC opposing efforts to preempt state AI laws. The letter argues the FCC lacks authority to override state regulation and warns that removing states from AI oversight would harm consumers. Attorney General Bonta said, "states can nurture innovation and protect residents at the same time and pledged to fight any federal overreach." As companies build and use AI products, they must prepare for a legal landscape where federal and state authorities vie for control. While the FCC may not have authority today (courts will determine this), Congress and to some extent the POTUS can definitely impact the conversation. This development signals that state legislatures and the federal government will continue to wade in to the AI and business use policies and highlights the importance of strategic compliance and advocacy. Maven Advocacy Partners is a vertically integrated state and federal advocacy firm. We are uniquely positioned to provide access, advice, and develop strategies to guide your business decisions at every level. Want to further engage in controlling how state vs. federal authority might affect your business? Let’s discuss ways to navigate evolving regulatory landscapes and safeguard your company. #ArtificialIntelligence #AIRegulation #TechPolicy #ConsumerProtection #StateLaw #FederalPreemption #Innovation #Compliance #GovTech #Business #Government #Policy #Lobbying #Advocacy

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Litigation involving the California Invasion of Privacy Act (“CIPA”) continues to result in disparate outcomes at the trial level, leaving websites and their visitors uncertain about what the law means. Appellate guidance can help resolve this uncertainty. Read more by Crowell's Jason Stiehl, Rachel Lee, and Jacob Canter: https://lnkd.in/d_wFz7_2

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California Just Updated How Trusts Handle Money: Here’s What That Means. California has replaced an old trust law that guided trustee behavior with a new one called the Uniform Fiduciary Income and Principal Act (UFIPA). It changes how trustees manage and distribute money from trusts. 𝗛𝗲𝗿𝗲’𝘀 𝘄𝗵𝗮𝘁 𝗶𝘁 𝗺𝗲𝗮𝗻𝘀 𝗶𝗻 𝗽𝗹𝗮𝗶𝗻 𝘁𝗲𝗿𝗺𝘀: Trustees now have more flexibility. Instead of being forced to focus only on income like dividends or rent, they can now focus on total growth, even if that means investing in things that don’t pay out right away. 𝗗𝗶𝘀𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻𝘀 𝗺𝗮𝘆 𝗹𝗼𝗼𝗸 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁. Beneficiaries might receive more or less from year to year, depending on how the trust is invested and how it performs overall. 𝗠𝗼𝗱𝗲𝗿𝗻 𝗮𝗽𝗽𝗿𝗼𝗮𝗰𝗵. The new law reflects how people invest today—balancing long-term growth with the need to provide for heirs or loved ones now. 𝗪𝗵𝘆 𝗶𝘁 𝗺𝗮𝘁𝘁𝗲𝗿𝘀: If you’re a trustee, beneficiary, or setting up a trust, these changes give you more options and help trusts work better in today’s financial world. Our team of trust and estate planning attorneys at RJS LAW are up to date on these changes and can help you effectively set-up a plan for the future. Call them today for a complimentary consultation. #estateplanning #trusts #taxandestateplanningattorney #RJSLAWFirm

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California has a new law to possibly avoid probate in some circumstances -- it's an amendment to the small estate procedures. The new amendment (called AB2016 went into effect on April 1, 2025) allows a person to largely bypass the standard probate process if the decedent died leaving a primary residence valued at $750,000 or less and nothing else. In that case, the California courts have a simplified form called Petition to Determine Succession to Real Property [valued at $750,000 or less.] Only it's not quite that simple at the outset. It still requires the following: 1. Petition to Determine Succession to Real Property; 2. Inventory and Appraisal completed by a court authorized probate referee (a person qualified by the court to appraise real estate) [the referee must appraise the property at a max. value of $750,000 or less at date of death (again date of death has to be after April 1, 2025); 3. Order Determining Succession to Real Property; and 4. Notice of Hearing And comes with a $500 filing fee and a hearing still. If granted, the real property will automatically be vested in the new owners per the Petition skipping probate. I have not counseled potential clients with deaths after April 1, 2025 where we have a primary residence worth less than $750,000 yet. It has limited utility at this point but I will consult and discuss where it may apply and the client can take the pros and cons and direct how they want to proceed. Remember none of these topics are discussed when a person passes away with a well funded trust. We have much easier conversations. #TrustAreBest #VestInYourTrust

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I am pleased to announce that the Fourth Edition of Administering the California Special Needs Trust: A Guide for Trustees and Those Who Advise Them is now available. https://lnkd.in/gn2_9M3n This edition has been comprehensively revised to address the significant changes affecting special needs trust administration, including the new SSA rules on food and shelter support and their impact on SSI benefits, updated guidance on making distributions that protect Section 8 housing, and California-specific developments affecting OBRA 1993 trusts—a topic of particular urgency given the reinstatement of California’s Medi-Cal asset test. The book also features expanded sample forms and checklists designed to help trustees navigate their day-to-day responsibilities, along with improved organization throughout for faster reference. Whether you are a professional fiduciary, an attorney advising trustees, or a family member who has stepped into this critical role, we hope this resource helps you protect and advocate for beneficiaries with disabilities. Available now in paperback. #SpecialNeedsTrust #EstatePlanning #ElderLaw #DisabilityRights #CaliforniaLaw #TrustAdministration #SpecialNeedsPlanning

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Government fusion centers are quietly gathering information about community members — from social media activity to car location records — with little oversight, Nicole Ozer writes in The Sacramento Bee. Ozer, who leads Center for Constitutional Democracy at UC Law San Francisco, explains why she believes these post-9/11 surveillance hubs put people’s rights and safety at risk. Her op-ed makes the case for urgent transparency and accountability. Read more: https://lnkd.in/djbxk7qC #uclawsf

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