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


Law Practice, Appellate Practice

Biting the hand that feeds me: Part I

Apr. 14, 2022
By Myron Moskovitz

How many of us are quick enough on our feet to come up with a persuasive rebuttal to a new twist we’ve never seen before – on ...


Antitrust & Trade Reg.

To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...


Litigation & Arbitration

The employee was told the English-language agreement involved a change of company, not that it waived his right to a jury tria...


Law Practice, Judges and Judiciary, Appellate Practice

Make sure your court reporter is really a court reporter

Apr. 13, 2022
By Melissa B. Buchman, Mary E. Pierce

Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...


Tax, Real Estate/Development, Land Use, Civil Rights

City ordinances need to be carefully crafted so they do not single out religious institutions in name or application.


Law Practice, Judges and Judiciary, Appellate Practice

Under the new law (CCP Section 231.7), either the judge or opposing counsel can raise an objection if it appears that the pere...


Government, Environmental & Energy

Corporations and others looking to conduct business in California would be wise to consider the implications of Gov. Gavin New...


Law Practice, Labor/Employment, Appellate Practice

With so much employee mobility today, law firms need to create an environment where their best people don’t want to leave.


What we have, then, is a conflicted opinion about an anomalous statute. In re H.N. first finds § 311.11(a) to be a wobbler and...


Tax, Banking

Anytime you are playing with ownership and who really owns what, be careful, and be realistic. You really shouldn’t have to pa...


Government, Civil Rights

Malicious Prosecution Claims

Apr. 12, 2022
By Erwin Chemerinsky

Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...


Contracts

Contract recitals: What’s in a whereas clause?

Apr. 12, 2022
By Andrew S. Wong

The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...


The lone senator who did not vote to advance the bill was Brian Dahle (R-Bieber), who has many Native American constituents in...


Military Law, Government

Food insecurity in military families

Apr. 11, 2022
By Eileen C. Moore

Besides the embarrassment and humiliation involved in disclosing the family was hungry, the service member was required to get...


International Law, Data Privacy

Following Edward Snowden’s 2013 revelation of the vast US surveillance over all data transmitted into the US, the issue was ra...


Government, Data Privacy, Consumer Law

CPRA Series: Part 1 – Introduction and Overview

MCLE
Apr. 11, 2022
By Ron Raether, Kamran Salour

Practically, the changes introduced by the CPRA will likely result in fewer companies falling within the scope of the CPRA, in...


Government, Administrative/Regulatory

It is anticipated that there will be legal challenges to the SEC’s proposed climate disclosure rules, as a number of State Att...


U.S. Supreme Court

Recognizing that I was watching a unicorn work her magic, I watched Justice Brown Jackson’s confirmation process closely. I wa...


Law Practice, Entertainment & Sports, Appellate Practice

Talented players should look for the best fit and financial opportunities. No one could or should blame them.


He has refused to comply with subpoenas to testify and produce records regarding deputy gangs – even after courts have held th...


Labor/Employment, Government

California Senate introduces historic pay equity bill

Apr. 8, 2022
By Ross Eberly, Eileen Leman

All employers will be required to submit separate pay data reports, including the median and mean hourly rate for each combina...


Tax

A slap can have tax consequences

Apr. 7, 2022
By Robert W. Wood

In an audit, if you can hand the IRS a settlement agreement that is explicit about taxes, it might be enough to make the IRS w...


Litigation & Arbitration

When my trial objection is sustained, I will walk over and chest-bump opposing counsel, wag my finger at him, shake my head, a...


Government, Civil Rights

Bias against trans women also manifests in the enforcement of Penal Code section 653.22, resulting in the criminalization of “...


U.S. Supreme Court, Civil Rights

Thompson v. Clark: Criminal prosecution gains clarity

Apr. 7, 2022
By Robert L. Bastian Jr.

Thompson resolves a circuit split on whether a section 1983 plaintiff alleging malicious prosecution must show that his crimin...


Law Practice, Appellate Practice

Tapped as replacement counsel? Consider the risks.

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

One of the first tasks for replacement counsel is often putting out fires. If discovery is going poorly or there was an advers...


Judges and Judiciary, Government

Those who know Judge Carter are unsurprised by his decision. A former prosecutor, he has built a reputation as a no-nonsense j...


Judges and Judiciary, Government

If people are not sitting around the table going over the data and recommending changes to the legislature, then our prisons w...


Litigation & Arbitration, Civil Litigation

Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...


Judges and Judiciary, Immigration, Government

New interim asylum rules a mixed blessing

Apr. 6, 2022
By Eli M. Kantor, Jonathan D. Kantor

Under the new rule, immigrants at the border will not be placed in removal proceedings and have their asylum application heard...