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...

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


Government, Constitutional Law, Civil Rights

When a court determines that allegations of excessive force in the complaint are well pleaded but decides there is qualified i...


Tax

Timing: the most important element in tax planning?

Jun. 28, 2022
By Bruce Givner, Owen Kaye

Beware: having a long period of time between setting up a structure and executing the strategy is no protection from an IRS ch...



U.S. Supreme Court, Government, Civil Rights


Health Care & Hospital Law, Government

Drug reimbursement rates to hospitals must be equal

Jun. 27, 2022
By Benjamin J. Fenton

Absent surveys that identify hospital drug acquisition costs, the Department of Health and Human Services has no right to with...


U.S. Supreme Court, Constitutional Law

Increased violence simply hasn’t been the result in the 43 states, nor in the two-thirds of California counties where licenses...


International Law, Alternative Dispute Resolution

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


Government, Ethics/Professional Responsibility

If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...


Health Care & Hospital Law, Government

At the end of the day, this case was not about the policy behind the 340B Drug Pricing Program or the limits of judicial defer...


International Law

The Arctic in the new Cold War

Jun. 24, 2022
By Joseph F.C. DiMento

Russian actions are of immense importance to the sustainability of the Arctic. Russia is a coastal state for a major sea route...


Labor/Employment, Antitrust & Trade Reg.

Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain ...


Entertainment & Sports

Stream it Tonight! North Country (2005)

Jun. 24, 2022
By Michael Asimow, Paul Bergman

North Country was based on the real case of Jensen v. Eveleth Taconite Co. in the federal district court in Minnesota.


Government, Ethics/Professional Responsibility

Disbarment proceedings should commence immediately

Jun. 24, 2022
By Daniel Broderick

To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyer...


Labor/Employment, Government

For employers in California with appropriately drafted arbitration agreements, this decision alleviates some of the expense of...


Technology, Government

One reason there likely has been no enforcement action is that California consumers who believe they have been harmed by a net...


Military Law, Health Care & Hospital Law, Government

Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...


Tax

The 100% tax audit rate

Jun. 22, 2022
By Bruce Givner

You must also assume the auditor is the Lord Almighty. If you do not believe in the Lord Almighty, substitute the phrase “an o...


Government, Civil Rights

Invoking Section 3 of the Fourteenth Amendment

Jun. 22, 2022
By Erwin Chemerinsky

The Fourteenth Amendment, enacted in 1868 after the Civil War, includes a provision that has received relatively little attent...


U.S. Supreme Court, Intellectual Property


Litigation & Arbitration

Can arbitration be forced on indigent parties?

Jun. 22, 2022
By Gary A. Watt, Erica Kelley

Like it or not, corporations and other financially able parties may, in some cases, have to decide whether the desire to arbit...


U.S. Supreme Court, Education Law, Civil Rights

Pay to Pray or Pray to Play?

Jun. 22, 2022
By Mitchell Keiter

The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment

Viking River Cruises to easy victory

Jun. 21, 2022
By Steven B. Katz

Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...


Insurance, Data Privacy

Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.


Law Practice, Appellate Practice

Appellate delay: the Judicial Council moves forward

Jun. 21, 2022
By Jon B. Eisenberg

It is a common misconception that someone who submits a complaint to the Commission on Judicial Performance must maintain conf...


U.S. Supreme Court, Immigration

U.S. Supreme Court hands immigrants a rare victory

Jun. 21, 2022
By Eli M. Kantor, Jonathan D. Kantor

One of the most daunting issues for non-citizens seeking to become permanent residents or green card holders has been: whether...


Government, Entertainment & Sports

Nuremberg: The Movie

Jun. 20, 2022
By Myron Moskovitz

In the hands of the right producer, it would garner Oscars, a legacy and big bucks.


U.S. Supreme Court, Government, Ethics/Professional Responsibility

Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...


Labor/Employment

Needless to say, this will likely not be “the last word” on the issue of arbitrability of PAGA claims under California law.


U.S. Supreme Court, California Supreme Court

The secret to SCOCA’s consensus

Jun. 20, 2022
By David A. Carrillo, Stephen M. Duvernay