Scherer Smith & Kenny LLP serves mid-sized and fast-growing entrepreneurial companies. From complex litigation to business, real estate, intellectual property and employment law, our team brings strategic thinking, pragmatism and intense dedication to our clients’ success.
Partner Notes
By Brandon D. Smith
We hope you had a wonderful time celebrating the holidays with your family and friends and that 2026 is off to a great start for both your personal life and your business!
As we enter this new year, we naturally tend to reminisce about what went well last year and opportunities for improvement in the upcoming year. I try to do this early in the year to determine what I would like to keep and what I would like to work on in the coming months and year. For me, an area I would like to work on and that we, as a firm, are working diligently on, is determining how we incorporate artificial intelligence (AI) into our lives and our work. While AI is, of course, in all the news with many wild predictions, and is exciting (and nerve racking sometimes) to think about, I am focusing on what we can control when it comes to AI.
Welcoming Dr. Bobbi Lambert to Our Employment Counseling, Litigation, and Workplace Investigations Team
We are pleased to welcome Bobbi Lambert, Ph.D., to Scherer Smith & Kenny LLP starting February 2, 2026. For decades, Bobbi owned and operated Confidante, Inc., providing respected workplace investigation, workplace harassment training and conflict‑management services. She has worked closely with our attorneys and clients for many years providing independent workplace investigation services. We are excited to have her officially join our employment counseling and litigation team to continue supporting clients in creating safe and respectful workplaces.
For inquiries, please contact Denis, Ryan, John, Jaclyn, or Bobbi directly at Bobbi@sfcounsel.com, or 415‑433-1099.
AI Alert: Using an AI Notetaker Without Consent of all Parties Violates CA Law and Jeopardizes the Attorney-Client Privilege
The use of AI Notetakers in Zoom, Teams etc. is accelerating. It can be convenient and useful in the right circumstances, but it requires the consent of all parties before recording begins. Using one without consent of all parties violates California’s all-party consent law (Penal Code Section 632) because AI-generated transcriptions are treated as “recordings” under California law. Additionally, there are significant questions around whether using an AI Notetaker jeopardizes the attorney-client privilege.
New Changes to California Employment Law
2026 brings several important changes to the California employment law landscape, affecting pay transparency, leave rights, workplace postings, and employer liability. Below is a summary of key updates that may impact your policies and compliance obligations.
Employer Alert: Employer Obligations Under California Senate Bill 294 (“Workplace Know Your Rights Act”) (effective January 1, 2026)
Beginning January 1, 2026, California Senate Bill 294 (the “Workplace Know Your Rights Act” or “SB 294”) requires all employers to provide current employees and any new hires with (1) an annual, stand‑alone, written notice of their workplace rights and (2) implement new procedures for contacting designated emergency contacts in the event of an employee’s arrest or detention during workhours.
New Common Interest Development Laws: Fines and Penalties, Balcony Inspection Reports, and EV Charging Station Insurance Requirement
I write to highlight three recent changes to the Davis-Stirling Act that respectively affect (i) the manner in which common interest developments (planned unit developments, condominium complexes, stock cooperatives, and community apartment projects; collectively, “CIDs”) impose monetary penalties on any association member for violations of the governing documents, (ii) disclosure and recordkeeping for balconies inspection reports in condominium projects, and (iii) an insurance coverage requirement for owner-installed electric vehicle charging stations in CID common area or exclusive use common area.
