Navigating AI Compliance: Employer Best Practices Pt.1

AI is showing up in hiring, recruiting, performance management, and employee monitoring. While these tools promise efficiency, they can also create significant legal risk if they result in discriminatory outcomes. In this episode of California Employment News, Weintraub Tobin attorneys Jackie Simonovich and Lukas Clary discuss how employer use of AI can implicate Title VII, the ADA, and FEHA, and review key new California AI laws and deadlines.

In this episode, they cover:

  • How AI tools can create disparate impact based on race, gender, age, or disability
  • Why employers remain responsible for third party AI vendors
  • New FEHA regulations effective October 1, 2025 governing automated decision systems
  • New California AI laws, including AB 2013, SB 53, and SB 942/AB 853

Listen for a clear breakdown of what California employers need to know to stay compliant as AI regulation continues to evolve.

Read More →

HIDING IN PLAIN SIGHT

THE HEDGE  ·  INVESTOR INTELLIGENCE  ·  MARCH 2026

WHERE THE SMART MONEY

IS HIDING IN PLAIN SIGHT

A Commentary on Institutional Convergence

BY TIMOTHY MCCANDLESS

The Hedge  ·  March 2026

Let me tell you something the financial media won’t.

Every 45 days, the largest investment funds in the world are legally required to show their hand. It’s called a 13F filing, and it gets about as much mainstream coverage as a city council agenda. Meanwhile, CNBC is debating whether Nvidia is going to $200 or $600, and retail traders are buying options on whatever ticker is trending on Reddit.

I’ll take the 13F.

The smart money files their homework every quarter. All you have to do is read it.

After cross-referencing 40 institutional funds — spanning value, deep value, aggressive growth, and activist strategies — against Q4 2024 filings, four stocks kept showing up in the same sentence.

Brookfield Corp (BN). Alphabet (GOOGL). Restaurant Brands International (QSR). American Express (AXP).

That’s your Tier 1. Mega consensus. Four or more top-tier managers converging on the same names at the same time.

THE GURU OVERLAP WATCHLIST — Q4 2024 / Q1 2025

Tickers Tier Key Funds
BN, GOOGL, QSR, AXP Tier 1 — Mega Consensus Ackman, Akre, Buffett, Baupost, Tiger Global — 4+ funds each
MA, V, BAC, MCO, KKR Tier 2 — Strong Overlap Akre Capital dominant: MA 17.9%, KKR 11.3%, V 10.1%, MCO 10%
UNP, FLR, GPC, CNHI Tier 3 — Rotation Thesis Baupost +$354M UNP, Einhorn 9.1% FLR — Great Rotation 2026
GRBK, VRT Tier 4 — Special Situations Einhorn 27.5% GRBK (largest position), Vertiv data center

TIER 1: THE MEGA CONSENSUS

Think about what that actually means. Bill Ackman at Pershing Square and Chuck Akre at Akre Capital don’t run into each other at the same idea by accident. Ackman holds BN at 18.5% of his entire portfolio. Akre holds it at 13.1%. These are not casual positions. These are positions that say: I will be wrong about very little else before I am wrong about this. That’s the definition of conviction.

On GOOGL, you have Pershing Square deploying over $2 billion in a new position, Tiger Global holding it as a top-five name, and Baupost — Seth Klarman’s operation, one of the most cautious value shops on the planet — adding shares. When Klarman buys something alongside a growth manager, you pay attention. That’s a consensus that the AI narrative has created a buying opportunity in one of the most profitable businesses ever built.

TIER 2: THE QUIET COMPOUNDERS

Drop down to Tier 2 and it gets more interesting, not less. Mastercard. Visa. Moody’s. KKR. Bank of America. Three of those five are Akre Capital positions at 10% or above of his entire fund.

Mastercard at 17.9% of his fund isn’t a trade. It’s a statement. Same with Moody’s — a credit rating oligopoly that gets paid whether the market goes up or down, in good times and bad, forever. Most retail traders have never owned Moody’s. Akre has been compounding it for years while the options crowd chases the next earnings play.

TIER 3: THE GREAT ROTATION OF 2026

Tier 3 is where my own thesis gets confirmed in real time. Union Pacific. Fluor. Genuine Parts. CNH Industrial. I’ve been calling the Great Rotation of 2026 for months — the institutional shift away from overvalued tech and into industrials, materials, and infrastructure.

Baupost added $354 million to Union Pacific in Q4 2024 alone. Einhorn built a 9.1% position in Fluor, an engineering and construction company that most investors couldn’t name if you spotted them the ticker. Baupost opened a $193 million new position in Genuine Parts. Einhorn started fresh in CNH Industrial, agricultural equipment.

These aren’t glamour stocks. They don’t trend on social media. What they have is valuation discipline, hard assets, and now — institutional capital flowing in before the crowd figures it out.

That’s the edge. That 30-to-60-day gap between when a fund builds a position and when the 13F filing confirms it publicly. Your morning scan at 6:40 AM catches the institutional footprints before the filing reveals the shoe size.

TRANSLATING THIS INTO ACTUAL TRADES

The Protected Collar isn’t glamorous either. You own the stock. You sell a covered call above the current price to generate income. You buy a protective put below to define your maximum loss. You know your worst case before you enter. You collect premium while the Akres and Klarmanns of the world continue building their positions beneath you.

On QSR at $80, a 30-day covered call at $85 might generate $1.50 to $2.00. Add the 3% dividend yield and you’re looking at real cash flow on a stock two major institutional managers are actively accumulating. That’s not speculation. That’s getting paid to be patient.

On UNP, the Baupost accumulation signal means one thing: someone who does more due diligence than any individual investor ever will has concluded the risk/reward favors a large, long-term position. My job is not to do better analysis than Seth Klarman. My job is to show up in the same neighborhood before the crowd arrives, with a strategy that caps my downside while I wait.

TIER 4: CONCENTRATED BETS

Tier 4 gives you Green Brick Partners and Vertiv. Einhorn has 27.5% of his entire fund in GRBK. That is an extraordinary concentration by any standard. It tells you he believes the homebuilder thesis — housing supply shortage, demographic demand — is so compelling that diversification is the wrong move.

Vertiv is your data center infrastructure play. AI doesn’t run on promises. It runs on power, cooling, and hardware. Vertiv builds the infrastructure that keeps the servers running. High volatility, high institutional interest, and a theme that isn’t going away.

THE BOTTOM LINE

Forty funds. Fifteen stocks. Four tiers of institutional conviction. The data is public. The filings are free. The analysis takes discipline, not genius.

Most retail investors will never look at a 13F. They’ll watch the same three financial channels, follow the same five accounts on X, and wonder why their portfolio looks like everyone else’s — mediocre in bull markets, painful in bear ones.

You don’t have to be that investor.

The smart money files their homework every quarter. All you have to do is read it.

Timothy McCandless writes The Hedge, a no-hype financial commentary for serious retail investors. He trades protected collar strategies on dividend-paying equities and believes capital preservation is the prerequisite to compounding. Nothing here is investment advice.

The Hedge  ·  thehedge.com  ·  Brutal honesty over hype

Read More →

MORNING MARKET COMMENTARY

US-IRAN WAR DAY 4 + SECTOR ROTATION

MORNING MARKET COMMENTARY

US-IRAN WAR DAY 4 + SECTOR ROTATION

Tuesday, March 3, 2026 – COMPLETE REVERSAL

Timothy McCandless – Protected Wheel Strategy

💀 COMPLETE REVERSAL: 100% RED (19/19, 0 GREEN). Monday: 84% GREEN → Tuesday: 100% RED = TOTAL COLLAPSE. War escalation: Iran threatens Strait of Hormuz closure (20% global oil), nuclear retaliation. Worst: SMTC -7.04%, NVT -7.00%, TXG -5.92%, GFS -5.60%. NO TECH GREEN. QQQ -1.8%, SPY -1.2%, XLK -2.1%, XLI -2.5%. 10-Year 4.18% ↑ (from 4.02%). War reality hitting: Quick regime change bet FAILED. EXIT ALL COLLAR POSITIONS. NO NEW TRADES.

SECTION 1: GEOPOLITICAL – WAR ESCALATING

US-IRAN WAR DAY 4 – ESCALATION NOT DE-ESCALATION

What Changed Overnight

  • Iran Threats: Strait of Hormuz closure threatened (20% global oil supply)
  • Nuclear: Iran leadership warns of “nuclear option” if Tehran faces existential threat
  • US Casualties: 3 more troops killed overnight (total now 9 dead)
  • Regime Change: NOT happening quickly. Iranian military still intact, temporary leadership rallying
  • Trump Timeline: “4-5 weeks” now looks optimistic. Ground troops increasingly likely.

MARKET WAKES UP: Monday’s rally was betting on quick regime change (Khamenei dead = Iran collapses). Tuesday reality: Iran NOT collapsing, threatening Strait of Hormuz closure (20% oil), nuclear retaliation possible. VIX spiked from 17.2 → 22.4. Markets realizing: This is REAL war with REAL consequences, not precision strike. Monday’s 84% GREEN → Tuesday’s 100% RED = Total bet reversal.

SECTION 2: MARKET OVERVIEW – PANIC

  • SPY: -1.2% $689 (down from $697 Monday)
  • QQQ: -1.8% $600 (broke below $610 support)
  • VIX: 22.4 ↑ from 17.2 (fear spiking)
  • 10-Year: 4.18% ↑ from 4.02% (flight to safety BUT inflation fears)

SECTION 3: YOUR SCAN – 100% RED 💀

19 STOCKS: 0 GREEN (0%), 19 RED (100%) = TOTAL COLLAPSE

WORST PERFORMERS

  • SMTC (Semtech) -7.04% $89.52 – Semiconductors
  • NVT (nVent Electric) -7.00% $111.85 – Electrical equipment
  • TXG (10x Genomics) -5.92% $21.77 – Healthcare
  • GFS (GlobalFoundries) -5.60% $47.08 – Semiconductors
  • DAN (Dana) -5.37% $32.80 – Auto parts

SECTOR BREAKDOWN – ALL RED

Technology (2 stocks): SMTC -7.04%, GFS -5.60%

Industrials (5 stocks): NVT -7.00%, GE -4.01%, UPS -2.57%, PCAR -2.58%, CSX -2.29%

Real Estate (3 stocks): FR -2.94%, SPG -1.83%, NLY -1.41%

Financial (3 stocks): STT -4.02%, CM -2.77%, JHG -1.02%

Healthcare (3 stocks): TXG -5.92%, CGON -0.96%, HCA -0.05%

Consumer Cyclical (2 stocks): DAN -5.37%, FIVE -4.42%

Materials (1 stock): CSTM -5.00%

MONDAY vs TUESDAY: Mon: TTM +8.40%, GLW +4.97%, HYMC +10.66% | Tue: NO stocks in scan, ALL previous leaders dropped out OR red. Semiconductors (SMTC -7.04%, GFS -5.60%) leading decline. Industrials (NVT -7.00%, GE -4.01%) confirming war disruption fears. Even defensive Healthcare (TXG -5.92%) selling. This is PANIC, not correction.

SECTION 4: SECTOR ROTATION – EVERYTHING DOWN

XLK (Technology) -2.1%

  • YOUR Scan: SMTC -7.04%, GFS -5.60% = Semis getting crushed

XLI (Industrials) -2.5%

  • YOUR Scan: NVT -7.00%, GE -4.01%, UPS -2.57% = War disruption

XLV (Healthcare) -1.2%

  • YOUR Scan: TXG -5.92% = Even defensives selling

XLRE (Real Estate) -1.8%

  • YOUR Scan: FR -2.94%, SPG -1.83%, NLY -1.41%

XLF (Financials) -1.9%

  • YOUR Scan: STT -4.02%, CM -2.77%

MICRO + MACRO ALIGNMENT: Your scan (100% RED) matches ALL sectors negative (XLK -2.1%, XLI -2.5%, XLV -1.2%). Monday: Sectors + scan both positive = Real accumulation. Tuesday: Sectors + scan both negative = Real distribution. NO sector leadership. Even gold/energy down = Pure panic selling. This is war escalation reality check.

SECTION 5: DECISION – EXIT + NO TRADES

EXIT ALL COLLAR POSITIONS FROM MONDAY

  • TTM: Likely down -5% to -7% (semiconductors crushed)
  • GLW: Likely down -3% to -5% (tech hardware)
  • PARR: Energy premium evaporating as war looks longer/messier
  • Collar Protection: Your puts (4-5% OTM) should limit losses to 2-3% per position
  • Action: Close all positions at open. Take small losses. Live to fight another day.

SECTION 6: BOTTOM LINE

Monday 84% GREEN → Tuesday 100% RED. War escalating (Hormuz threat, nuclear warnings, 9 US dead). Markets betting quick regime change FAILED. QQQ -1.8%, XLK -2.1%, VIX 22.4. EXIT all collars. NO trades until: War de-escalates OR scan returns 30+ stocks with 70%+ GREEN. Your methodology saved you again – protected collar positions limit losses. 💪⚠

Tuesday, March 3, 2026 – War Day 4 Reality Check

Monday rally was false signal. Tuesday = Truth.

Read More →

AFTERNOON MARKET COMMENTARY

US-IRAN WAR (DAY 3) + SECTOR ROTATION ANALYSIS

US-IRAN WAR (DAY 3) + SECTOR ROTATION ANALYSIS

Monday, March 2, 2026 – Markets Rally Despite Middle East War

Timothy McCandless – Protected Wheel Strategy

⚠ WAR + RALLY: US-Iran War Day 3. Khamenei KILLED. 6 US troops dead. Iran launching 541 drones + 165 missiles at Gulf. Trump: 4-5 weeks, ground troops possible. YET markets RALLY: QQQ +1.2%, XLK +1.1%, XLE +0.7%. Your scan: 84% GREEN, PARR +7.99% (energy), HYMC +10.66% (gold war hedge). Markets betting on: Quick regime change + 10-Year 4.02% relief. Energy/materials leading = War trade. Execute collars 50-75% BUT watch oil spike risk.

SECTION 1: GEOPOLITICAL – US-IRAN WAR DAY 3

OPERATION ‘EPIC FURY’ (US) + ‘ROARING LION’ (ISRAEL)

Timeline – February 28 to March 2, 2026

  • Saturday Feb 28: US + Israel launch massive coordinated strikes on Iran. Ali Khamenei (Supreme Leader, 86) KILLED in Tehran. 40+ Iranian officials killed. Israel drops 1,200+ munitions across 24 of 31 provinces.
  • Sunday March 1: Iran retaliates. Launches 541 drones + 165 ballistic missiles + 2 cruise missiles at UAE (Dubai Burj Al Arab hit), Qatar, Bahrain, Jordan. 3 US troops killed in Kuwait.
  • Monday March 2 (TODAY): 6 US service members killed total. Trump: “4-5 week operation,” doesn’t rule out ground troops. Israel conducting “large-scale strikes to establish air superiority.” Iranians celebrating Khamenei death in streets (Isfahan, Shiraz, Kermanshah).

Key Developments

  • US Objective: Regime change. Trump: “Eliminate intolerable threats” from Iran’s nuclear + missile programs
  • Nuclear Targets: Natanz nuclear site hit by US-Israeli strikes (March 1)
  • Naval: US sunk Iranian frigate IRIS Jamaran
  • Leadership: Ali Larijani (Iran security chief) established temporary leadership council. Refused to negotiate with US.
  • Regional Impact: UAE schools closed Mon-Wed. Dubai/Abu Dhabi airports targeted. Doha Qatar hit. Bahrain US Navy 5th Fleet HQ targeted.
  • Casualties: Iran: 555 dead. US: 6 troops. Israel: 10. Gulf states: 5

MARKET INTERPRETATION: Markets rallying DESPITE war = Betting on: 1) Quick regime change (Khamenei dead, Iranians celebrating), 2) Trump “4-5 weeks” timeline = Short conflict, 3) 10-Year 4.02% relief overriding war risk. Energy (PARR +7.99%, XLE +0.7%) = War premium. Gold (HYMC +10.66%) = Safe haven. Tech (TTM +8.40%, XLK +1.1%) = Ignoring geopolitics, focusing on rates. VIX only 17.2 = Complacency or confidence?

SECTION 2: MARKET OVERVIEW – RISK-ON RALLY

  • SPY: +1.0% $697 (all-time high zone despite war)
  • QQQ: +1.2% $611 (tech leading)
  • VIX: 17.2 (DROPPING during war = Market confidence or complacency?)
  • 10-Year: 4.02% ↓ from 4.08% (rate relief overriding war risk)

SECTION 3: YOUR SCAN – 84% GREEN

Technology (6 stocks) – 83% GREEN

  • TTM +8.40% $113 – Electronic components LEADER
  • GLW +4.97% $157.86 ($135B) – Blue chip

Materials (5 stocks) – 80% GREEN = WAR TRADE

  • HYMC +10.66% – GOLD WAR HEDGE ($4.6B cap, classic safe haven in war)
  • AA +3.22% – Aluminum ($16.9B, defense/rebuilding material)

Energy (1 stock) – 100% GREEN = GEOPOLITICAL PREMIUM

  • PARR +7.99% – OIL REFINING ($2.3B, Iran attacks on Gulf threaten Middle East oil supply)

SECTION 4: SECTOR ROTATION – WAR POSITIONING 🔥

XLE (Energy) +0.7% = GEOPOLITICAL PREMIUM

  • YOUR Scan: PARR +7.99% confirms energy war trade
  • Why: Iran targeting Gulf oil infrastructure (Dubai ports, UAE refineries). Middle East = 30% global oil. Supply disruption risk.

XLB (Materials) +0.9% = WAR HEDGE + DEFENSE

  • YOUR Scan: HYMC +10.66% (gold), AA +3.22% (aluminum)
  • Why: Gold = Classic war hedge. Aluminum = Defense manufacturing (aircraft, missiles, armor).

XLK (Technology) +1.1% = IGNORING WAR

  • YOUR Scan: TTM +8.40%, GLW +4.97%
  • Why: Tech rallying on 10-Year 4.02% relief, betting war won’t spread to Asia/Taiwan supply chains.

SECTOR ROTATION = WAR POSITIONING: Energy (XLE +0.7%) + Materials (XLB +0.9%) leading = Classic war trade. Gold +10.66%, oil refining +7.99%, aluminum +3.22% = Safe haven + supply disruption premium. Tech (XLK +1.1%) rallying = Markets betting war contained to Middle East, won’t spread to Taiwan/semiconductors. VIX 17.2 low = Either confident in quick regime change OR dangerously complacent.

SECTION 5: COLLAR OPPORTUNITIES – EXECUTE WITH CAUTION

WAR RISK: Execute 50-75% BUT watch for escalation (oil spike, China involvement, nuclear threats)

  •  TTM +8.40% (Tech)
  • $113, Electronic components, XLK +1.1% confirms
  • War Risk: LOW (no Asia exposure in war)
  •  GLW +4.97% (Tech)
  • $157.86, $135B, Blue chip, minimal Middle East exposure
  •  PARR +7.99% (Energy) = WAR PLAY
  • $46.08, Oil refining, XLE +0.7% confirms
  • War Risk: MODERATE – Benefits from Middle East supply disruption BUT vulnerable to: 1) Quick war end = Premium disappears, 2) Oil spike hurts economy = Demand destruction
  • Collar Strategy: TIGHT puts (3-4% below) to protect against peace deal surprise

SECTION 6: BOTTOM LINE + WAR WATCH

PARADOX: Markets rallying (QQQ +1.2%) DURING active US-Iran war (Day 3, 6 US troops dead, Khamenei killed). Scan: 84% GREEN aligns with sectors (XLK +1.1%, XLE +0.7%). Execute collars 50-75%: TTM, GLW, PARR. BUT monitor: Oil spike, Iran nuclear threats, China/Russia response. VIX 17.2 = Complacency. War escalation risk REAL. 💪⚠

What to Watch Next 48 Hours:

  • Oil Prices: If spike above $90 = Inflation risk, Fed can’t cut
  • Iran Response: Nuclear threats? Strait of Hormuz closure? (20% global oil)
  • US Casualties: Currently 6 dead. If doubles = Public opinion shifts
  • China/Russia: Any military support to Iran? Taiwan distraction opportunity?
  • Regime Change: If Iran collapses quickly = War premium disappears, tech continues rally

Monday, March 2, 2026 – US-Iran War Day 3

Rally now, but watch for escalation

Read More →

MORNING MARKET COMMENTARY

MOMENTUM SCAN + COMPLETE SECTOR ROTATION

MORNING MARKET COMMENTARY

MOMENTUM SCAN + COMPLETE SECTOR ROTATION

Monday, March 2, 2026 – CONFIRMED REVERSAL

Timothy McCandless – Protected Wheel Strategy

🔥 CONFIRMED REVERSAL: 84% GREEN (16/19). Tech: TTM +8.40%, GLW +4.97%. Materials: HYMC +10.66%, AA +3.22%. QQQ +1.2%, XLK +1.1%, XLB +0.9%, XLI +0.8%, XLE +0.7%. 10-Year 4.02% ↓. MICRO + MACRO ALIGNED. Execute collars 50-75%: TTM, GLW, PARR.

SECTION 1: MARKET OVERVIEW

  • SPY: +1.0% $697
  • QQQ: +1.2% $611
  • 10-Year: 4.02% ↓ (from 4.08%)
  • VIX: 17.2 (fear easing)

SECTION 2: YOUR SCAN – 84% GREEN

19 stocks: 16 GREEN (84%), 3 RED (16%)

Technology (6 stocks, 32%) – 83% GREEN

  • TTM +8.40% $113 – LEADER
  • GLW +4.97% $157.86 ($135B largest)
  • VSAT +3.19%, CIEN +1.44%, FORM +0.83%
  • YOU -1.23% (only red)

Basic Materials (5 stocks, 26%) – 80% GREEN

  • HYMC +10.66% – Gold LEADER
  • AA +3.22% $64.08 – Aluminum

Industrials (2 stocks)

  • BE +6.64% $166

Energy (1 stock)

  • PARR +7.99% $46.08

SECTION 3: SECTOR ROTATION 🔥

ALL MAJOR SECTORS POSITIVE

STRENGTHENING SECTORS

XLK (Technology) +1.1% 🔥

  • 4-Day: Wed -0.8%, Thu -0.6%, Fri -0.1%, Mon +1.1% ✅
  • YOUR Scan: TTM +8.40%, GLW +4.97%
  • Signal: BROAD tech accumulation

XLB (Materials) +0.9%

  • YOUR Scan: HYMC +10.66%, AA +3.22%

XLI (Industrials) +0.8%

  • YOUR Scan: BE +6.64%

XLE (Energy) +0.7%

  • YOUR Scan: PARR +7.99%

MICRO + MACRO ALIGNMENT: Your scan (84% GREEN, TTM +8.40%) matches XLK +1.1%. Materials (HYMC +10.66%) matches XLB +0.9%. ALL sectors positive. This is REAL accumulation.

SECTION 4: FRIDAY vs MONDAY

Why Monday is Different:

FRIDAY (False Signal):

  • Your scan: 68% GREEN
  • QQQ: -0.4%, XLK: -0.1%
  • = DISCONNECT (survivor bias)

MONDAY (Real Reversal):

  • Your scan: 84% GREEN
  • QQQ: +1.2%, XLK: +1.1%
  • = ALIGNMENT (accumulation)

SECTION 5: COLLAR OPPORTUNITIES

EXECUTE COLLARS 50-75% SIZE

  •  TTM +8.40%
  • $113, $11.7B cap, Tech/Electronic Components
  • Why: LARGEST gain, XLK +1.1% confirms
  • Collar: Sell $115 call, Buy $108 put
  •  GLW +4.97%
  • $157.86, $135B cap (LARGEST), Blue chip
  • Collar: Sell $160 call, Buy $150 put
  •  PARR +7.99%
  • $46.08, Energy/Refining
  • Why: Diversification, XLE +0.7% confirms

SECTION 6: 6:40 AM WATCH

  • TTM, GLW, PARR still up 3%+?
  • QQQ holding $610+?
  • XLK still positive?

SECTION 7: BOTTOM LINE

CONFIRMED REVERSAL: 84% GREEN, QQQ +1.2%, XLK +1.1%, ALL sectors positive. MICRO + MACRO aligned. Execute collars 50-75%: TTM, GLW, PARR. Waited for Friday survivor bias to clear. Monday confirms real accumulation. 💪

Monday, March 2, 2026 – Your Methodology Works

Scan + Sectors + 10-Year = Perfect alignment

Read More →

Trump Notwithstanding, America’s Unions Actually Grew Last Year

The following article was published by Harold Meyerson in The American Prospect.  Earlier today, we learned that despite President Trump’s tariffs, the rationale for which is that they’ll limit imports and boost domestic production and exports, the nation’s trade deficit in goods reached an all-time high in 2025. Yesterday, we learned that despite Trump’s war…

Source

Read More →

The FBI Seized a CEO’s AI Chats — And Four More Reasons California Employers Can’t Ignore AI Any Longer

This past week’s Zaller Law Group masterclass on AI in the Workplace walked California employers through what they need to know right now about AI in the workplace. The conversation covered everything from a federal court ruling on AI and attorney-client privilege to California’s new automated hiring regulations to practical tools employers can start using today.

Here is a recap of five key takeaways every California employer, CEO, business owner, HR professional, and in-house counsel should be thinking about on how AI will impact their business:

1. The AI Revolution Is Happening Right Now — And the Window to Adapt Is Closing

We opened the masterclass with a reference to an article by Matt Schumer, CEO of Otherside AI, that has gone viral in the AI community. Schumer has spent six years building in the AI space, and his message is blunt: the gap between what insiders know is coming and what the general public understands has gotten too wide to keep sugar coating.

His comparison that stuck with me is this: we’re in a moment similar to February 2020, right before COVID. Most people weren’t paying attention, and then three weeks later the entire world changed. The pace of AI development is staggering. In 2022, AI couldn’t do basic math. In 2023, it passed the bar exam. By 2024, it was writing software and explaining graduate-level science. In late 2025, some of the best engineers in the world said they were handing over most of their coding work to AI. And the CEO of Anthropic has publicly predicted AI will eliminate 50% of entry-level white-collar jobs within one to five years.

Even if you think those predictions are overblown, here’s what matters for employers right now: if AI stopped developing today, it has already changed the competitive landscape. Businesses that are leaning into it are operating more efficiently, making better decisions, and gaining advantages over those that aren’t. The window to get ahead of this curve is closing fast.

What to do: Sign up for paid AI subscriptions—Claude Pro, ChatGPT Plus, or the $100 Pro plans if your budget allows. The difference between free and paid models is dramatic. Stop treating AI like a search engine. Push it with real business tasks you don’t think it can handle, and you’ll be surprised by what comes back. And build the habit of staying current—this technology is changing week to week.

2. Your AI Conversations Are Not Confidential — A Federal Court Just Made That Clear

One of the most important legal developments we covered is U.S. v. Heppner, a federal case out of New York that is making its way around the legal community. A CEO charged with fraud was using Claude to research his own criminal case. The FBI seized his computer, and when prosecutors sought access to his AI chat history, his attorneys objected, arguing the conversations were protected by attorney-client privilege.

The court disagreed. Chatting with an AI platform about legal issues does not create a confidential attorney-client relationship, and the content is not privileged. Users should treat AI like any other research tool—no different from typing a legal question into Google or drafting notes in a Word document. If it’s not a communication with your actual attorney, it’s not privileged.

This has significant implications for employers. When your HR team is using ChatGPT to figure out how to handle a performance issue, those conversations could be obtained by an opposing party in discovery. It feels private when you’re chatting with AI, but it isn’t.

There is a narrow opening the court left: if an attorney directs a client to perform AI research as part of the attorney’s work product, there could be an argument for protection. But that’s untested and narrow. On the flip side, AI chat history could also help justify employment decisions. If an HR professional used AI to research how to coach an underperforming employee—focusing on business reasons and best practices—that could be evidence the employer was focused on legitimate, non-discriminatory reasons.

While some AI software provides “incognito” modes, this does not make the conversations private, and there still is likely a record of that chat.  AI providers may still retain data for 30 days or longer, even when incognito is enabled. Much like a Google search, that data is going to be out there somewhere.

What to do: Treat AI conversations like any other company document—assume they are discoverable. If you’re handling truly confidential information, use a private system like Microsoft Copilot tied to your organization’s secure environment, not a public-facing platform. And develop an AI usage policy that makes clear to employees what can and cannot go into public AI systems.

3. California’s AI Hiring Regulations Are Already Here — And More Are Likely Coming

California already has regulations on the books governing AI in hiring. In October 2025, the Civil Rights Council issued regulations explaining that employers are liable for discrimination arising from automated decision systems (ADS) used in the hiring process.

The core principle is straightforward: existing discrimination laws apply when you use AI in hiring. You cannot deflect liability by saying “the software did it.” If your AI screening tool filters out candidates based on a protected characteristic—race, gender, age, disability, national origin—you are responsible, not the vendor. The definition of ADS is broad and covers many different tools that employers can use in the hiring process, such as any software that prioritizes, ranks, or filters candidates.

And the Legislature is potentially adding new AI-employment related laws in 2026. SB 947 proposes additional requirements for automated decision systems. SB 951 would require employers who displace an employee because of technology adoption to provide at least 90 days’ advance notice. These bills are making their way through the California State Legislature right now.

There is also a federal issue. The Trump administration has signaled interest in preempting state-level AI regulation to prevent a patchwork of 50 different state frameworks, which the AI industry strongly opposes. Whether federal preemption actually happens remains to be seen, but California employers need to comply with what’s on the books today.

What to do: Audit your hiring process now. Identify every tool that touches candidate screening, ranking, or selection—including applicant tracking systems and resume-screening software. Build transparency clauses into your vendor contracts. And most importantly, maintain a human in the loop for all hiring decisions. Don’t abdicate decision-making to software.

4. Your Data Is Your Greatest Asset — Use It Before Opposing Counsel Does

California employers don’t have many advantages when it comes to employment litigation, but here’s one they often overlook: their own data. Your time records, payroll data, break logs, and scheduling records are not just administrative paperwork—they’re evidence that can either protect you or sink you in a PAGA case, class action, or wage and hour claim.

We walked the masterclass through Scaled Comp, a software tool we developed out of a real litigation pain point. For years, when a PAGA case or class action came in, our paralegals and support staff would spend weeks manually analyzing time records—often across scattered formats like PDFs, CSVs, and sometimes even paper records going back years. We’d take a sample and extrapolate. That’s how most firms still do it.

Scaled Comp can now review the time records and produce a comprehensive analysis in days rather than weeks. It reproduces time entries in easy-to-read format, flags shifts with potential meal and rest break issues, and provides business intelligence into employer’s wage and hour compliance.

But the bigger point for employers is this: after the 2024 PAGA reform, employers who can demonstrate they took “reasonable steps” to comply can cap penalties at 15% of the maximum. One of the most powerful ways to show “reasonable steps” is proactive time record auditing. If you’re running monthly or quarterly meal break audits, and a PAGA letter arrives, you’re not scrambling—you already know where you stand.

What to do: Know your data before opposing counsel forces you to. Run proactive compliance audits on your time records—at minimum quarterly. Understand where your meal and rest break compliance stands across every location and every manager. Store your data properly and think about how you’ll use it defensively. And if a PAGA letter arrives, get your data analyzed immediately rather than going to mediation without understanding your actual exposure.

5. AI Can Transform Your Employee Training and Compliance Programs — Starting Today

Employers can take their  meal and rest break policy and have AI repurpose it into formats employees can fully engage with. It can simplify legal language into plain English. It can create quizzes for training sessions. Tools like Google’s NotebookLM can convert written policies into podcast-style audio that employees can listen to on their own time.

Compliance isn’t just having a policy—it’s making sure employees actually understand it and can access it in a format that works for them. And from a litigation defense perspective, being able to show that you didn’t just have a policy but that you actively trained on it, reinforced it, and made it accessible in multiple formats is powerful evidence of “reasonable steps” under the PAGA reform.

What to do: Start with one policy—meal and rest breaks is a great place to begin. Record a five-minute best-practice demonstration and use AI to turn it into reusable training content. Build a library over time. And think about your employees as an internal audience that needs to be marketed to—because the more they understand your policies, the more defensible your organization becomes.

The Bottom Line

AI is not coming to the California workplace—it’s already here. Your employees are using it whether you have a policy or not. California regulators are already holding employers accountable for how AI is used in hiring. And the federal courts have made clear that your AI conversations are not confidential.

But this is not just a story about risk. Employers who lean into AI strategically—who use it to train employees, audit compliance, analyze their data, and strengthen their litigation posture—are going to be in a fundamentally stronger position than those who ignore it or try to ban it. The employers who engage with this technology now, with eyes open and proper guardrails in place, will have a significant competitive advantage.

The post The FBI Seized a CEO’s AI Chats — And Four More Reasons California Employers Can’t Ignore AI Any Longer appeared first on California Employment Law Report.

Read More →

MORNING MARKET COMMENTARY

MOMENTUM SCAN + SECTOR ROTATION ANALYSIS

MORNING MARKET COMMENTARY

MOMENTUM SCAN + SECTOR ROTATION ANALYSIS

Friday, February 28, 2026 – False Signal

Timothy McCandless – Protected Wheel Strategy

💀 FALSE SIGNAL: Your scan: 68% GREEN (13/19) BUT only 19 stocks (vs 20 normal) = SHRINKING universe. QQQ -0.4%, SPY -0.2%, XLK -0.1%. Your scan shows EXCEPTIONS (survivors), not market reversal. Healthcare -0.6% (TXG -3.87%), Energy -0.5% (OII -2.18%, NRG -1.15%). CIEN +2.44%, GLW +1.40% = Relative strength in dying market. NO COLLAR TRADES. Wait for scan to expand to 30-40 stocks with 70%+ GREEN = Real accumulation. This is survivor bias, not recovery.

SECTION 1: MARKET OVERVIEW – STILL WEAK

Broad Market Indices

  • SPY (S&P 500): ~$690 -0.2% (still under pressure)
  • QQQ (Nasdaq-100): ~$604 -0.4% (third day of selling)
  • Russell 2000: ~$2,655 -0.4% (small caps weak)
  • VIX: 19.8 (elevated, fear persisting)
  • 10-Year Treasury: 4.08% ↓ from 4.12% (only positive)

3-DAY PROGRESSION: Wed: QQQ -0.4% (post-Nvidia) | Thu: QQQ -0.6% (distribution) | Fri: QQQ -0.4% (still selling). No reversal. 10-Year dropping (4.08%) not enough to offset selling pressure. This is distribution day 3.

SECTION 2: YOUR SCAN – SURVIVORS, NOT LEADERS

19 STOCKS (SHRINKING): 13 GREEN (68%), 6 RED (32%)

The Critical Insight:

  • Wednesday: 20 stocks, 65% RED = Distribution
  • Thursday: 20 stocks, 65% RED = Distribution
  • Friday: 19 stocks (↓), 68% GREEN = Universe SHRINKING

THE TRAP: 68% GREEN looks good BUT you lost 1 stock from your scan. When market is strong, your scan EXPANDS to 30-40 stocks with 70%+ GREEN. When market is weak, scan SHRINKS to 15-20 stocks. Friday: 68% of a SMALLER pool = SURVIVOR BIAS, not accumulation. These 19 are the last ones standing, not leaders of recovery.

TECHNOLOGY (7 stocks, 37%) – Selective Strength

GREEN (5 of 7):

  • CIEN +2.44% $349.48 – Communication equipment outlier
  • LITE +1.85% $689.53
  • COHR +1.54% $253.99
  • GLW +1.40% $152.40
  • AXTI +0.36%

RED (2 of 7):

  • KEYS -0.84%, FORM -1.16%

What This Really Means:

  • 71% tech GREEN = 5 of 7 survivors, not broad tech recovery
  • CIEN, GLW, LITE, COHR = Communication equipment niche
  • Most tech stocks (semiconductors, software, mega-caps) still selling

OTHER SECTORS – Confirms Weakness

INDUSTRIALS (2 stocks):

  • FTAI +1.48%, BE -1.96% = 50% split, no conviction

BASIC MATERIALS (3 stocks):

  • CDE +0.04%, HBM +0.11%, AA -0.84% = Tiny gains, weak

HEALTHCARE (3 stocks) – WEAK:

  • TXG -3.87% (getting crushed)
  • MRNA -0.18%, ELAN +0.13% = Weak

CONSUMER (2 stocks) – 100% RED:

  • ASO -2.10%, YOU -0.86%

ENERGY/UTILITIES (2 stocks) – 100% RED:

  • OII -2.18%, NRG -1.15%

SECTION 3: SECTOR ROTATION – CONFIRMS DISTRIBUTION

SPDR SECTOR ETF ANALYSIS – NO RECOVERY

SECTOR PERFORMANCE (Friday)

XLK (Technology) -0.1%

  • 3-Day Total: -1.5% (Wed -0.8%, Thu -0.6%, Fri -0.1%)
  • Volume: Still above average = Distribution continuing
  • YOUR Scan vs Reality: 
  •   • Your scan: 71% tech GREEN (CIEN +2.44%)
  •   • XLK: -0.1% = Most tech still RED
  •   • Your stocks = EXCEPTIONS, not sector trend
  • Signal: NO accumulation in tech sector

XLV (Healthcare) -0.6%

  • YOUR Scan Confirms: TXG -3.87%, MRNA -0.18%
  • Signal: Healthcare selling

XLE (Energy) -0.5%

  • YOUR Scan Confirms: OII -2.18%, NRG -1.15%
  • Signal: Energy/utilities weak

XLY (Consumer Discretionary) -0.4%

  • YOUR Scan Confirms: ASO -2.10%, YOU -0.86%

XLI (Industrials) -0.2%

  • YOUR Scan: FTAI +1.48% = Outlier, sector still weak

MICRO vs MACRO DISCONNECT: Your scan (68% GREEN) shows EXCEPTIONS. Sectors (XLK -0.1%, XLV -0.6%, XLE -0.5%) show REALITY = Broad selling. When your scan and sectors DISCONNECT = Trust sectors. Your 19 stocks are survivors in dying market, not leaders of recovery. This is LATE-STAGE distribution where only strongest names hold up temporarily.

SECTION 4: 10-YEAR TREASURY – ONLY POSITIVE

  • 4.08% ↓ from 4.12% = Only bullish factor
  • Problem: Even with yields dropping, QQQ -0.4%, SPY -0.2% = Selling overwhelming

SECTION 5: COLLAR OPPORTUNITIES – NONE

NO COLLAR TRADES – SURVIVOR BIAS, NOT RECOVERY

  • CIEN +2.44%: Outlier in XLK -0.1% sector = Trap
  • FTAI +1.48%: Outlier in XLI -0.2% sector = Trap
  • GLW +1.40%: Will get dragged down with XLK

SECTION 6: WHAT TO WATCH MONDAY

Signs of REAL Reversal:

  • Scan Expands: 30-40 stocks meeting criteria (not 19)
  • 70%+ GREEN: In LARGER pool
  • QQQ Positive: +0.5% or more
  • XLK Positive: +0.5% or more
  • Broad Tech Recovery: Not just communication equipment niche

SECTION 7: BOTTOM LINE

FALSE SIGNAL: Your 68% GREEN = Survivor bias, not recovery. 19 stocks (shrinking) vs 30-40 (expanding market). QQQ -0.4%, XLK -0.1% = Sectors confirm distribution. NO TRADES. Wait for Monday: scan expands to 30-40 stocks + 70%+ GREEN + QQQ/XLK positive = REAL accumulation. Trust MACRO sectors over MICRO exceptions. 💪

Friday, February 28, 2026 – Distribution Day 3

Scan shows survivors, not leaders. Trust the sectors.

Read More →

MORNING MARKET COMMENTARY

DAY 2 POST-NVIDIA + SECTOR ROTATION ANALYSIS

MORNING MARKET COMMENTARY

DAY 2 POST-NVIDIA + SECTOR ROTATION ANALYSIS

Thursday, February 27, 2026 – Distribution Continues

Timothy McCandless – Protected Wheel Strategy

💀 EXECUTIVE SUMMARY – DISTRIBUTION DAY 2: Your scan: 65% RED (13/20), tech 50% (10/20) but 90% RED (-2% to -4.9% moves). XLK (Tech) -0.6%, XLI (Industrials) -0.5% confirming weakness. Only 3 stocks green: RNG +6.24%, UAL +2.77%, VSCO +3.31%. NO COLLAR TRADES – Distribution persists. 10-Year 4.12% = Silent Killer rising. 6:40 AM Watch: Does tech stabilize or break lower? Friday scan critical. DECISION: STAY OUT.

SECTION 1: MARKET OVERVIEW – DISTRIBUTION PERSISTS

Thursday Indices: Two Days of Selling

  • SPY (S&P 500): ~$691 -0.3% (slowly grinding lower)
  • QQQ (Nasdaq-100): ~$606 -0.6% (tech weakness continuing)
  • Russell 2000: ~$2,660 +0.1% (small caps holding up = rotation)
  • VIX: 19.8 (elevated, fear persisting)
  • 10-Year Treasury: 4.12% ↑ – THE SILENT KILLER RISING (was 4.10% yesterday)

CRITICAL: 10-Year yield RISING (4.10% → 4.12%) while tech selling continues = Double headwind. Nvidia beat didn’t matter Wednesday (-2.4%), tech still red Thursday. This is NOT profit-taking, this is DISTRIBUTION. Institutions rotating OUT of tech into defensives.

SECTION 2: YOUR FINVIZ MOMENTUM SCAN – 65% RED

20 STOCKS: 13 RED (65%), 7 GREEN (35%) = DISTRIBUTION DAY 2

Scan Statistics:

  • Total: 20 stocks (momentum criteria met)
  • RED: 13 of 20 (65%) 💀 = SAME as yesterday
  • GREEN: 7 of 20 (35%) = Improved from 1 green Wed, but weak gains
  • Technology: 10 of 20 (50%) = Still dominant concentration
  • Problem: 9 of 10 tech RED (90%) – Tech concentration = BEARISH

TECHNOLOGY (10 stocks, 50%) – 90% RED 💀

RED STOCKS (9 of 10):

  • LITE (Lumentum): -4.61% $690.01 – Communication equipment, $49B cap
  • COHR (Coherent): -4.19% $256.68 – Scientific instruments, $48B cap
  • CIEN (Ciena): -3.91% $339.52 – Communication equipment, $48B cap
  • TTM (TTM Tech): -3.23% $105.34 – Electronic components
  • GLW (Corning): -3.06% $155.52 – Electronic components, $133B cap (largest)
  • AAOI (Applied Opto): -2.19% $56.85
  • VSAT (Viasat): -1.71% $46.85 – Communication equipment
  • ST (Sensata): -0.71% $37.59 – Scientific instruments
  • Total: 9 tech RED = -2.0% to -4.6% range

GREEN STOCKS (1 of 10):

  • RNG (RingCentral): +6.24% $36.63 – Software application, ONLY tech green

TECH SIGNAL: 50% concentration BUT 90% RED = WORST possible combination. Tech dominates your scan but ALL selling. RNG +6.24% is outlier (software vs hardware). Hardware/components/communications ALL red 2 days straight. This is sector breakdown, not stock picking opportunity.

INDUSTRIALS (2 stocks) – 50% SPLIT

  • UAL (United Airlines): +2.77% $116.00 – Airlines/industrial
  • BE (Bloom Energy): -4.86% $166.27 – Electrical equipment

UTILITIES/HEALTHCARE (3 stocks) – 33% GREEN

  • MRNA (Moderna): +0.71% $51.74 – Biotech defensive
  • NRG (NRG Energy): -3.23% $177.66 – Utilities
  • ELAN (Elanco): -0.61% $26.67 – Animal health

CONSUMER/FINANCIAL/MATERIALS/ENERGY (5 stocks)

  • VSCO (Victoria’s Secret): +3.31% $64.21 – Consumer cyclical
  • MOD (Modine): -2.25% $225.00 – Auto parts
  • OII (Oceaneering): -2.43% $37.00 – Oil & gas equipment
  • XP (XP Inc): -1.88% $21.92 – Brazilian financial
  • HBM (Hudbay): -0.83% $27.48 – Copper
  • DNLI (Denali): -2.56% $21.72 – Biotech

SECTION 3: BROAD SECTOR ROTATION – TECH BREAKDOWN 🔥

SECTOR ETF ANALYSIS – TWO DAYS OF TECH SELLING

WEAKENING SECTORS (Continued Selling)

1. XLK (Technology) -0.6% 💀 (Wed -0.8%, Thu -0.6%)

  • 2-Day Performance: -1.4% total (Wed -0.8% + Thu -0.6%)
  • RS vs SPY: Deteriorating FAST
  • Volume: ABOVE average both days = DISTRIBUTION
  • YOUR Scan Confirms: 
  •   • 9 of 10 tech RED (LITE -4.61%, COHR -4.19%, CIEN -3.91%)
  •   • Only RNG +6.24% green = Outlier, not trend
  • Trade Signal: AVOID tech entirely until XLK positive + <40% RED scan

2. XLI (Industrials) -0.5%

  • YOUR Scan: BE -4.86% = Weakness, UAL +2.77% = Mixed signal
  • Signal: Cyclical uncertainty

NEUTRAL/DEFENSIVE SECTORS

1. XLV (Healthcare) +0.2% (Defensive Hold)

  • YOUR Scan: MRNA +0.71% confirms, but weak gain

2. XLP (Consumer Staples) +0.3%

  • YOUR Scan: VSCO +3.31% strong but consumer discretionary, not staples

SECTOR ROTATION INSIGHTS

MICRO + MACRO PERFECT ALIGNMENT DAY 2: Primary Flow: Tech distribution CONTINUES (XLK -1.4% 2-day). YOUR scan: 90% tech RED confirms. Rotation: AWAY from growth (tech) toward CASH (10-Year 4.12%). No defensive sector strong enough to lead = Market in limbo. This is distribution phase, not rotation. Wait for new leadership to emerge before trading.

SECTION 4: 10-YEAR TREASURY – SILENT KILLER RISING

4.12% ↑ FROM 4.10% – GETTING WORSE

  • Wednesday: 4.10% + Nvidia beat = Tech still fell
  • Thursday: 4.12% + No catalyst = Tech falling more
  • Signal: RISING yields = More pain for tech ahead

WHY THIS KILLS TECH: Every 0.1% rise in 10-Year = ~3% drop in tech valuations (DCF math). 4.12% means tech multiples 12% lower than at 3.7% yields. Even perfect earnings (Nvidia) can’t overcome this math. Until 10-Year drops below 4.0%, tech will struggle.

SECTION 5: COLLAR OPPORTUNITIES – STILL NONE

NO COLLAR TRADES – DISTRIBUTION CONTINUING

  • RNG +6.24%: Outlier in sea of RED, wait for confirmation
  • UAL +2.77%: Cyclical risk too high with XLI -0.5%
  • VSCO +3.31%: Consumer discretionary weak in risk-off

SECTION 6: 6:40-9:00 AM INSTITUTIONAL FLOW

  • Watch: Does tech stabilize or break lower?
  • QQQ $606: Key support, break = more downside
  • VIX 20: Above = fear spike

SECTION 7: BOTTOM LINE – YOUR EDGE

NO TRADES – FRIDAY SCAN CRITICAL

  • Edge: Your scan + sectors = Perfect agreement on distribution
  • Friday Plan: Run scan, look for <40% RED + tech positive
  • Week: 2 distribution days = Stay out until clear

Two days of distribution: 65% RED both days, tech -1.4% 2-day, 10-Year rising to 4.12%. NO TRADES. Trust the methodology. Friday scan will show if trend reverses. 💪

Thursday, February 27, 2026 – Distribution Day 2

MICRO scan + MACRO sectors = Stay out

Read More →