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


U.S. Supreme Court, Ethics/Professional Responsibility

The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...


Government, Criminal

Twenty-four year old Frank Wills and I crossed the street to the restaurant on the Howard Johnson’s ground floor to get cheese...


Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal

It is not a good precedent for the most capable among us, however salutary the goal, to lob repeated verbal grenades at the ju...


Mergers & Acquisitions

de-SPAC mergers facing increased scrutiny

MCLE
Jun. 14, 2022
By Charlotte K. Newell, James Heyworth

Over the last year and a half we have seen an increased volume of complaints filed against SPAC boards in the Delaware Court o...


Technology, International Law

Take two: Australia Is actually not ready for AI inventors

Jun. 14, 2022
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Jurisdictions are substantially consistent that current patent laws allow only natural persons as inventors. However, no juris...


Government, Constitutional Law, Civil Rights

Handguns and assault rifles not equal under the 2nd Amendment

Jun. 14, 2022
By Reza Torkzadeh, Allen P. Wilkinson

It does not make a lot of sense to have a rule that permits a young adult to purchase an assault weapon, which can be used to ...


U.S. Supreme Court, Bankruptcy


Letters

Book author wishes to correct factual error

Jun. 13, 2022
By Alexandra Z. Brodsky


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

Recent Egbert decision allows misconduct to fester

Jun. 13, 2022
By Robert L. Bastian Jr.

Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


To the extent the Great Reshuffling continues, there are likely to be more challenges raised to restrictive covenants, and mor...


Construction, Civil Litigation

Construction litigation strategies

Jun. 13, 2022
By Joseph M. Barrett

Against the backdrop of a lingering pandemic and a jammed court system, California’s civil trial lawyers harness their creativ...


Tax, Entertainment & Sports

Johnny Depp and Amber Heard face taxes too

Jun. 10, 2022
By Robert W. Wood

It’s hard to consider Depp’s defamation of Heard (which was actually done by Depp’s lawyer) as business-related. If a payment ...


Entertainment & Sports

Stream It Tonight! Fury (1936)

Jun. 10, 2022
By Paul Bergman, Michael Asimow

This was Fritz Lang’s first American film after fleeing Nazi Germany. He based the story on an odious chapter in California hi...


Ediscovery

The need for mediation in e-discovery – the way forward

Jun. 10, 2022
By Daniel B. Garrie, Gail A. Andler

Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...


U.S. Supreme Court, Litigation & Arbitration, California Supreme Court

Now, the California rule rests on a shaky frame: The leading California case, St. Agnes, extols the United States Supre...


Constitutional Law

Warring States: a modest proposal

Jun. 9, 2022
By Steven S. Kimball

The anti-abortion states will not be satisfied with an abortion ban defined by the state line. The writing is on the wall. The...


Labor/Employment, California Supreme Court

This decision dramatically increases the value of meal and rest period claims in class actions and representative actions unde...


Law Practice, Appellate Practice

A mid-year push on collections can avoid headaches later

Jun. 9, 2022
By Shari L. Klevens, Alanna G. Clair


Labor/Employment

A full workday would remain eight hours, and employers would have to pay overtime to employees working longer than four full d...


Government, Constitutional Law

Scapegoating detracting from meaningful gun reform

Jun. 9, 2022
By Eugene M. Hyman

The NRA doesn’t care that children have died as a result of their politicking, and they’re not even pretending they do anymore...


Richard White, Naming America’s Own Genocide, The Nation (August 17, 2016) Thus, the horror depicted in its presentation does ...


Labor/Employment, Covid Columns

The fact that it was largely women who stepped up to pick up the slack should surprise no one. For years, women have taken on ...


Government, Civil Rights

Now SCOTUS is looking to expand Second Amendment rights through its consideration of the pending case of New York State Rifle ...


Law Practice, Appellate Practice

Supraman’s Kryptonite

Jun. 7, 2022
By Benjamin G. Shatz

Using Bluebook style in state court is like talking with a foreign accent: you will be understood and accepted, but it’s not h...


Judges and Judiciary, Civil Rights

Though we do not have a duty to actively assist our opponents in litigation in navigating an arcane system, we should make mor...


Litigation & Arbitration, Law Practice, Ethics/Professional Responsibility, Appellate Practice

How not to screw up your case in arbitration, part one

Jun. 7, 2022
By Christopher David Ruiz Cameron, Kathy Fragnoli

In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.


Tax, Law Practice, Appellate Practice

Plaintiff lawyers can actually use a benefit most other people – including other lawyers – can’t: structured legal fees. Reduc...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

Dressed to deceive

Jun. 7, 2022
By Myron Moskovitz

Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.


Law Practice, Ethics/Professional Responsibility, Civil Litigation

Attorney public/private partnerships receive a boost

Jun. 6, 2022
By Charles H. Abbott

The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...


Administrative/Regulatory

SEC suffers judicial setbacks for administrative hearings

MCLE
Jun. 6, 2022
By Nicolas Morgan, Kenneth Herzinger

These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.