This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
You have to be a subscriber to view this page.

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Law Practice, California Supreme Court, Appellate Practice

Treble damages among a handful of recent important decisions

Sep. 8, 2022
By Alexis S. Coll, Ariel E. Rogers

In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...


Torts/Personal Injury, Civil Litigation

A pyrrhic victory for class action defendants

Sep. 8, 2022
By Alexander M. Smith

By reducing the damages award on due process grounds, the court made clear – despite the plaintiff’s insistence to the contrar...


International Law

I would say that 10 years ago women lawyers rarely took time off. Today, women are really considered equal.


Health Care & Hospital Law

Prompt mental health intervention

Sep. 8, 2022
By Alfonso Estrada, Alexa F. Galloway

On Aug. 15, Kaiser's non-physician, mental-health patient care employees based in Northern California, who are members of Nati...


Law Practice, California Courts of Appeal, Appellate Practice

Hypothetical scenarios don’t create standing

Sep. 7, 2022
By Garret D. Murai

While splits of authority between Courts of Appeal are rare, splits of authority between divisions of the same Court of Appeal...


Health Care & Hospital Law, Environmental & Energy

Under Senate Bill 1144, California will be doubling down on failed policies that have done nothing to reduce Legionnaires’ Dis...


Law Practice, Appellate Practice

Seeking a settlement frame of mind

Sep. 7, 2022
By James P. Gray

Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...


Law Practice, Appellate Practice

Limit the risks when working with contract attorneys

Sep. 7, 2022
By Shari L. Klevens, Alanna G. Clair

Ambiguity regarding the nature of the relationship, the scope of the contract attorney’s work, and/or the applicable ethical o...


Letters


Labor/Employment, Government

California Lawmakers Eyeing Greater Pay Transparency

Sep. 6, 2022
By Anne Villanueva, Ryne Posey

If signed into law by Gov. Newsom, SB 1162 would expand the state’s pay data reporting and pay transparency requirements by re...


Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals

Dicta ain’t necessarily so

Sep. 6, 2022
By Benjamin G. Shatz, Benjamin E. Strauss

In California, stare decisis extends only to the ratio decidendi of a decision, not to supplementary or explanatory comments i...


Technology

The humans win round one

Sep. 6, 2022
By Robert A. McFarlane, Rosanna W. Gan

Predictably, the widespread use of AI has led to numerous complex legal issues.


Constitutional Law

Coercing Religion – Part One

Sep. 6, 2022
By Myron Moskovitz

Why is it so important to allow these people to pray on government property while on the government payroll? Is there a shorta...


Litigation & Arbitration, Labor/Employment, Contracts

Legislature may curtail arbitrability of contract claims

Sep. 6, 2022
By Muhammed T. Hussain

It seems that Congress and various state legislatures are looking at curtailing this expansion of arbitrability, specifically ...


Extremism in the military and among veterans

Sep. 2, 2022
By Eileen C. Moore

While extremist activity and white supremacy is banned, there are limits on the military’s ability to surveil the activities o...


Pay no tax when you sell your home

Sep. 2, 2022
By Bruce Givner, Owen Kaye

There are several ways to reduce, defer or eliminate the tax on the sale of your valuable personal residence. The more time yo...


Stream it Tonight! Woman In Gold (2015)

Sep. 2, 2022
By Michael Asimow, Paul Bergman

You’ll love the inspiring story of lawyer Randol Schoenberg, the grandson of the great modernist composer Arnold Schoenberg an...


The more you learn about the underlying technology and begin to see the scale for its deployment across industries, the easier...


Letters

Saga of California ranchos intriguing

Sep. 2, 2022
By James E. Blancarte


Government

California as a safe haven for red-state women

Sep. 1, 2022
By Alphonse Provinziano

Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...


Law Practice, Labor/Employment, Appellate Practice

It is time for California to recognize that clinging to an outdated methodology to license attorneys serves only one purpose: ...


Legal Education

Berkeley law competition puts students in the hot seat

Sep. 1, 2022
By Spencer J. Pahlke

The competing schools include winners of every major national mock trial competition for the last two years, as well as the sc...


A trimmed down rendition of the original $1.75 trillion Build Back Better Act, this legislation introduces significant new tax...


Litigation & Arbitration, Constitutional Law

Recent SCOTUS opinions on arbitration statutes

MCLE
Aug. 31, 2022
By Gary A. Watt, Patrick Burns

Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.


Land Use, Government, Environmental & Energy

Oil and gas and cities – Oh, my!

Aug. 31, 2022
By Michael M. Berger

Everything is big in Texas. So the stakes were high. Trinity’s appraiser testified that, before the permit denial, the fair ma...


Labor/Employment

California employers now on notice

Aug. 31, 2022
By Daren H. Lipinsky

With the recent filings against California businesses alleging multiple violations of equal employment opportunity laws protec...


Intellectual Property, Health Care & Hospital Law

Moderna explains this apparent about-face by pointing out that it refrained from asserting its patents earlier so as not to in...


Legal Education

The demise of California’s ranchos

Aug. 30, 2022
By John S. Caragozian

Many Americans failed at mining and began to look at business, farming and ranching as alternatives, but Bay Area and Sacramen...


Letters

Courtroom electronic recording should be expanded

Aug. 30, 2022
By Lawrence P. Riff


Tax, Entertainment & Sports

Arguably among the most satisfying of all bills to discount is your tax bill. You might well acknowledge that you owe the taxe...