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News

Government,
Criminal,
Civil Litigation

Dec. 23, 2024

Top 10 most-read Daily Journal news stories in 2024

Daily Journal writers and editors comment on why subscribers found this year's most-read stories compelling.

Photo: Ricardo Pineda

Most-read lists are more than a lighthearted distraction. They offer a fascinating glimpse into our world and how we interpret major events.

Below, we've compiled the 10 most-read news articles published in the Daily Journal during 2024, accompanied by insightful commentary from the writers and editors who brought them to life.

1. Prominent LA personal injury attorney accused of 'predatory fees,' published Feb. 6

A proposed class-action lawsuit accused prominent Southern California personal injury attorney Jacob Emrani of employing predatory fee arrangements and operating a "legal intake mill" driven by pervasive advertising. Since the article was published, the case has expanded, with additional plaintiffs and claims. Meanwhile, Emrani's public profile has only grown. He's signed promotional deals with the Los Angeles Lakers and Rams. This means even more potential clients will be aware of him.

I chose to write this story to shed light on the rising prevalence of lawyers who rely heavily on mass advertising and run their practices as case-clearinghouses, often with minimal direct involvement in the cases they handle. This is a practice that many people - even members of the legal profession - may not be fully aware of. I believe it resonated with our readers because they are particularly attuned to the ethical obligations of members of the legal profession. What added depth to this story was the allegations against Emrani, accusing him of operating a predatory scheme, failing to deliver promised services and delaying relief for clients. -- Malcolm Maclachlan, staff writer

2. 23andMe accused of having 'fire sale' of customer DNA data, published Feb. 20

The DNA testing company was accused of violating state laws by planning to sell customers' genetic data to third-party pharmaceutical companies, potentially to address financial struggles following an alleged major data breach. (The company said customers' accounts were compromised and there was no internal breach.) Personal information of millions of people -- particularly those with Ashkenazi Jewish and Chinese ancestry - was exposed, leading to more than 30 lawsuits and concerns about the lack of transparency regarding data buyers and security measures. Since the article was published, the company settled a nationwide federal class action for $30 million, despite the objections of 5,000 intervenors.

The article interested readers in the legal community because it revealed a business strategy that differentiated the 23andMe case from other data breach litigation - and this was exposed by plaintiffs' attorneys in court. The company's plan to generate funds by selling genetic information provided no clarity on who was to receive the data, a "scary" situation, the plaintiffs' attorneys argued. This development was of interest to attorneys on both sides of the bar because of the arguments for and against its legality. -- Laurinda Keys, associate editor

3. Federal judge nominee sharply questioned over past writings, July 10

Alameda County Superior Court Judge Noël Wise faced contentious questioning from Republican senators during her confirmation hearing for a federal judgeship in California's Northern District. Senators scrutinized her past writings, including an Atlantic article claiming former President Trump's judicial nominees lacked diversity and an article in the Daily Journal about whether judges should participate in protests. Last week, Wise was confirmed on a party-line vote as the Senate rushed to confirmed President Joe Biden's nominations before the end of the year.

Wise stood out as one of the few state court judges with aspirations for the federal bench who chose to engage with the public discourse, contributing her thoughts on contentious issues to mainstream publications when she didn't have to do so. Her writings tackled some of the most debated topics of the day, making her an unconventional figure in the judicial nomination process. Interestingly, Republicans on the Senate Judiciary Committee focused not on her extensive record of rulings -- hundreds of them -- but on her non-judicial writings. I think readers were drawn to this story because Wise's willingness to express her ideas is a rarity among federal judicial nominees, especially over the past four decades. Wise sparred with several hostile Republican senators over the content of her articles in exchanges that were unusually pointed at hearings that often find nominees expressing caution or walking back previous comments as statements of an advocate or a law student that they say no longer apply to them as a judge. This, in my view, reflects the unfortunate state of our judicial confirmation system, where intellectual engagement can become a liability. While things worked out for Wise in the end, others in similar situations have not been as fortunate. -- Craig Anderson, staff writer

4. Newsom names 11 judges to six county courts, July 18;

7. Governor Newsom appoints 18 new superior court judges across California, Oct. 9;

10. Newsom appoints 15 superior court judges, June 18

Three Top 10 stories about Gov. Gavin Newsom's judicial appointments highlight the swift pace at which he filled vacancies left by retiring or elevated judges, totaling more than 100 superior court positions this year. Newsom appointed some judges within a few months or even weeks of a vacancy. For Daily Journal readers -- attorneys eager to resolve their clients' matters and judges managing heavy caseloads and backlogs -- these articles were welcome news. Attorneys were interested in learning about the new judges who would be deciding on their briefs and arguments, as well as recognizing the promotion of colleagues. This year, the Daily Journal prioritized getting this news out quickly through news blasts, texts and our website. This approach allowed the legal community to promptly understand the impact of the appointments on their work and to extend congratulations. -- Laurinda Keys, associate editor

5. Prop 36 could see more criminals deported, immigrant advocates say, Nov. 4

In this article, public defenders and immigrant rights advocates cautioned that the passage of Proposition 36 -- intended to roll back aspects of California's Proposition 47 -- could result in a surge of deportations for non-citizens convicted of crimes. They underscored growing public frustration with rising crime rates and the potential return of Donald Trump to the White House, fueled by his promise to intensify deportations of people who entered the U.S. illegally. The day after the article's publication, nearly 70% of California voters approved Proposition 36, and U.S. voters returned Trump to the presidency.

Nobody can claim that 2024 was short of political drama, both in California and nationally. This story speaks to that dynamic and hints at the political and legal uncertainty ahead in 2025. This story landed the day before an election that featured a decidedly "tough on crime" bent: Along with Proposition 36, many voters were also being asked to weigh in on the performance of district attorneys who had been accused of being too soft on criminals. It followed months of legislative wrangling to keep the initiative off the ballot, covered by the Daily Journal and keenly followed by our readers. While a majority of voters backed the initiative, the legal profession appeared more evenly divided. What's uncontested is that the initiative will affect the way both prosecutors and defense counsel approach cases, and this impact on their day-to-day work is no doubt a key reason our readers were so interested. The story also tapped into uncertainty over how President-elect Donald Trump's promised mass deportations will be implemented. More than a month after the election it is still unclear how sweeping this effort will be. State legislators and legal aid groups have been gearing up in anticipation of a fight with the federal government over issues ranging from environmental law to immigration, and the Daily Journal has been covering it all. Watch this space. -- Jack Needham, associate editor

6. Tom Girardi guilty on all counts, Aug. 27

9. Girardi denies all charges on last day of federal wire fraud trial, Aug. 22

These articles dramatically captured the downfall of one of California's most prominent attorneys who brought a harsh spotlight on all aspects of the legal community, including the plaintiffs' bar, the State Bar, the judiciary and alternative dispute resolution. These stories recounted how Girardi dramatically took the witness stand to deny that he stole millions of dollars from clients and how, five days later, a federal jury rejected his testimony and convicted him on all counts.

Girardi was a larger-than-life legal figure for decades. However, his charm, charisma and famed success for over 40 years ultimately became his downfall. His life was placed under an even brighter spotlight once his legal empire crumbled and allegations of stealing client money to support his Hollywood lifestyle grew -- leading to his disbarment, multiple civil lawsuits and criminal charges. Readers were drawn to stories about Girardi's testimony and conviction because his misdeeds not only affected his former clients but his colleagues and the legal profession. Attorneys who worked with him on cases testified during the trial that they were cheated out of agreed-upon fees. Some of these claims are pending in civil cases in state court. These attorneys, and others who registered complaints about him with the bar, only to be ignored, may have seen the trial as validation and vindication. Many State Bar reform measures have been implemented because of the scandal, such as requirements for reviewing client trust accounts and reporting other lawyers for wrongdoing. -- Devon Belcher, staff writer

8. LA Superior Court to allow electronic recordings, Sept. 6

In response to a severe shortage of court reporters, the Los Angeles County Superior Court authorized electronic recording for unlimited civil cases, a previously prohibited practice. Presiding Judge Samantha P. Jessner described the shortage as a "constitutional crisis," emphasizing the need for accurate records to ensure justice. Several counties, including Santa Clara, have followed LA's lead, and a petition has been lodged with the California Supreme Court asking for a statewide recording program to be implemented. Attorneys behind that petition have criticized Los Angeles County Superior Court's rule as giving judges too much discretion over who can, and cannot, have their proceedings electronically recorded.

Probably the most visible problem with the administration of justice that I've seen covering LA Superior Court is the shortage of court reporters. I don't believe it's overstating the problem to say that every trial attorney in California has had to deal with the shortage in one way or another, whether its scrambling to find a reporter to fill a last-minute vacancy or delaying important proceedings for want of a readily available reporter. Compounding the problem, the court reporter's union's response to the court's recent announcement suggests a lack of consensus on how best to resolve the situation. Given how this issue touches such a wide spectrum of legal professionals and case types, it's no surprise that Daily Journal readers are eager for updates. As digital recording systems become more widespread in Los Angeles and other counties, and as efforts to recruit and retain more court reporters gain momentum, this topic is certain to remain at the forefront. We can expect significant developments, adjustments, and new initiatives in the weeks, months and years ahead. -- Skyler Romero, staff writer

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