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Data Privacy, Criminal, Constitutional Law

California’s feeble privacy right is cold comfort

Mar. 17, 2022
By Brandon V. Stracener, David A. Carrillo

San Francisco’s District Attorney Chesa Boudin recently revealed that the city’s police department has a practice of saving DN...


Intellectual Property

Recovery for IP infringement under PREP

Mar. 17, 2022
By Lena G. Streisand, Jessica Bromall Sparkman

It is clear that the PREP Act is meant to provide broad immunity, but few cases have examined the contours of that immunity — ...


Labor/Employment

A federal law signed by President Joe Biden on March 3 is changing the way sexual harassment and sexual assault cases are han...


Law Practice, Ethics/Professional Responsibility

How to fire a client

Mar. 16, 2022
By Dan L. Stanford

This has probably never happened to you: The facts turn out to be very different than initially relayed by your client. Or a c...


Civil Litigation, California Supreme Court, Banking

When duty doesn’t call: Sheen v Wells Fargo Bank

Mar. 16, 2022
By Jonathan D. Fink

The California Supreme Court has resolved — for now — one of the most hotly contested legal theories upon which borrowers have...


Law Practice

Study your rights under the Americans with Disabilities Act and California’s powerful Fair Employment and Housing Act, among o...


U.S. Supreme Court, Government

State secrets rulings favor ignorance over knowledge

Mar. 15, 2022
By Erwin Chemerinsky

In the first week of March, the U.S. Supreme Court issued two decisions which expand the “state secrets privilege” and make it...


Notably, Assembly Bill 2289 isn’t an income tax at all; rather, it would be America’s first bona fide wealth tax.


California Supreme Court, Banking

In a landmark decision sure to have a significant impact on the real estate banking industry, the California Supreme Court dec...


Law Practice, Civil Litigation

ADA lawsuits filings continue steady annual pace upward

Mar. 14, 2022
By Kristina M. Launey

Lawsuits filed by individuals with disabilities alleging they were denied access to a business’ goods or services due to acces...


Constitutional Law, Appellate Practice

If you settle a case on appeal and then ask the court to dismiss the case as moot, don’t be surprised, particularly where a de...


Probate, Family

Appellate ruling shows trust’s modification method must be followed

Mar. 14, 2022
By Michael J. Fedalen, Bruce Givner

A recent decision is a helpful caution that the modification provisions of a trust must be carefully followed and that there i...


U.S. Supreme Court, Civil Rights, Books

In "The Great Dissenter," Peter S. Canellos delves into Justice John Marshall Harlan's life experiences and judicial philosoph...


Family, Contracts

Unconscionable spousal support waivers will not be enforced

MCLE
Mar. 14, 2022
By Franklin R. Garfield

Whether an unconscionable waiver of spousal support in a premarital agreement signed prior to 2002 is enforceable has been the...


Law Practice, Judges and Judiciary, Government, California Supreme Court

What the ‘endemic’ means for the courts

Mar. 11, 2022
By Saveena Takhar

Chief Justice Tani Cantil-Sakauye is fully embracing Gov. Gavin Newsom’s endemic phase and seeks to transition the courts to “...


Law Practice, Family, Covid Columns

The job of a judge or jury is made much harder if they can see only someone’s eyes, or only the upper portion of a person’s bo...


Technology, Data Privacy

Legislators in the European Union are drawing plans to dictate how its citizens’ user data gets transferred to the U.S., and a...


Law Practice

Battle for Eastman’s emails: Scenes from the courtroom

Mar. 11, 2022
By Michael Stockstill

Late in the afternoon on Wednesday, Carter issued a decision: He will read the emails and their attachments in camera, and the...


Given its broad scope and promise of a complete dismissal of charges upon completion of a treatment program, effective defense...


Law Practice

Counting on contingency fees

Mar. 10, 2022
By Arash Homampour

The latest round of ballot measure insanity attempting to restrict fees in contingency matters is extremely dangerous.


U.S. Supreme Court, Criminal

On Monday, the U.S. Supreme Court dealt with an issue that could provide a roadmap for limiting the excesses of creatively sta...


Civil Litigation, Books

The $100 Million Treatise

Mar. 10, 2022
By Brad D. Brian, James C. Rutten

“Business and Commercial Litigation in Federal Courts” (5th ed. 2021), edited-in-chief by Robert L. Haig, is immensely valuabl...


Criminal, Constitutional Law

Ending involuntary servitude in California

Mar. 10, 2022
By Gay C. Grunfeld, Marc J. Shinn-Krantz

While the 13th Amendment to the U.S. Constitution prohibits slavery and involuntary servitude for some, it contains a loophole...


U.S. Supreme Court, Letters, Land Use

I have read a number of the Daily Journal’s recent articles regarding the dispute between Save Berkeley’s Neighborhood and the...


Civil Litigation

Civil Jury Instructions: Genesis and Evolution

MCLE
Mar. 9, 2022
By Panda L. Kroll

While litigants accept the inevitability of pretrial arguments over jury instructions, the process by which these instructions...


Labor/Employment, Government

‘Made in America’ should mean ‘Made with Dignity’

Mar. 9, 2022
By Maria Elena Durazo, Teddy Kapur

We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.


The House Select Committee continues to investigate the causes that contributed to the violence at the Capitol on January 6, 2...


Insurance

Businesses around the world are facing substantial financial impact from Russia’s invasion of — or war against — Ukraine. The ...


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

Against the backdrop of the LGBTQ equal rights legal movement over the last half century, a case the U.S. Supreme Court agreed...


Government, Criminal

Heads in the (silicon) sand

Mar. 8, 2022
By Eric Siddall

Ignoring front-line employee concerns backfired for Elizabeth Holmes. How is it working for America’s most notorious progressi...