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


Military Law, Criminal

What appellate courts have said about Penal Code Section 1170.91


Law Practice, Appellate Practice

The Collateral Order Doctrine

MCLE
Jan. 5, 2022
By Gary A. Watt, Rosanna W. Gan

In California, the one final judgment rule is primary. However, there are exceptions -- for example, if an order is “collatera...


Law Practice, Ethics/Professional Responsibility

Set new habits in 2022

Jan. 5, 2022
By Shari L. Klevens, Alanna G. Clair

A few “resolutions” for attorneys aimed at fixing five bad habits that are all too common and that can create unnecessary risk...


U.S. Supreme Court, Health Care & Hospital Law

The U.S. Supreme Court should hold that the challenges to the Biden administration’s unconstitutional, extra-statutory, and ar...


Law Practice, Entertainment & Sports, Books

For tonight’s movie, we’re suggesting you stream “Inherit the Wind,” the classic 1960 film about the 1925 Scopes Monkey trial.


Civil Litigation, Bankruptcy

Court unravels Purdue bankruptcy plan protecting Sacklers

Jan. 4, 2022
By David S. Kupetz, Victor A. Sahn

In a recent appellate decision vacating Purdue Pharma’s confirmed chapter 11 bankruptcy plan of reorganization, the U.S. Distr...


Construction, Civil Litigation, California Courts of Appeal

Unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by “involuntary.” I mean you have n...


Torts/Personal Injury, Law Practice

Accidental injury is America’s number three cause of death — you could call it our country’s other, less-talked-about pandemic...


Judges and Judiciary, Appellate Practice

The 2021 Appellate Year in Review

Jan. 4, 2022
By Benjamin G. Shatz

Now’s the time for all those year-end retrospectives, so why not an appellatey annual review?


Law Practice, Judges and Judiciary

My New Year’s Resolutions for 2022

Jan. 3, 2022
By Arthur Gilbert

Will try to be optimistic about the future. Sorry, I can only try. But I can be certain about a resolution that is an acknowle...


California Supreme Court, California Courts of Appeal, Appellate Practice

Ongoing delays in the Court of Appeal have exposed weak links in the protections that were devised in response to a California...


Law Practice, Appellate Practice

When ‘the facts’ are not the facts

Jan. 3, 2022
By Myron Moskovitz

Most lawyers think you win appeals with erudite dissertations on the law. Not me. The law matters, but the facts matter more.


Law Practice

How I joined the Great Resignation

Jan. 3, 2022
By Heather Meeker

By the time you read this I will be gone — from big law.


U.S. Supreme Court, Constitutional Law

Takings law potpourri in 2021

Dec. 30, 2021
By Michael M. Berger

It is December, and everyone takes stock of what has transpired during the past year. Why should we be different? We have had ...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

9th Circuit’s top 10 environmental law decisions of 2021

MCLE
Dec. 30, 2021
By Richard M. Frank

This year, the Court of Appeals maintained its role as one of the most prodigious sources of key environmental law decisions.


Family

Judges need not show their work in setting spousal support

Dec. 29, 2021
By Franklin R. Garfield

A recent appellate court ruling acknowledged that making express findings on each of the factors set forth in Family Code Sect...


Law Practice, Government

Facts remain stubborn things

Dec. 29, 2021
By Robert L. Bastian Jr.

The law and modern lawyering’s subtle role in setting forensic standards and a rhetorical tone necessary for democracy should ...


Construction

Despite the Legislature’s declaration and intent, “prompt” and “early” are words rarely used today to describe resolving most ...


Corporate

Corporate boards should be diverse

Dec. 28, 2021
By Arash Homampour

It is in their moral and financial best interests to have diversity at all levels.


Labor/Employment

DoorDash just dug a big hole under Prop 22

Dec. 28, 2021
By Ronald L. Zambrano

Through its new DashCorp subsidiary, the delivery service is now using workers to deliver meals in Manhattan, and these worker...


Labor/Employment

Year-end update: New employment laws for 2022

MCLE
Dec. 28, 2021
By Lara Shortz, Derrick Fong-Stempel

A bevy of new employment-related laws are set to come online in 2022. What follows is an overview of the most significant legi...


Probate, Family

Where an elder is both the beneficiary a personal representative of a probate estate, he or she has standing to bring a claim ...


Intellectual Property, Government, Administrative/Regulatory

What to watch for in 2022: patent litigation

Dec. 27, 2021
By David Lisson, Gareth DeWalt

With critical patent questions before the U.S. Patent and Trademark Office, the U.S. Supreme Court, the U.S. Court of Appeals ...


Securities, Government, Criminal, Corporate

SEC enforcement looks forward to strong FY2022

Dec. 27, 2021
By Thomas A. Zaccaro, Nicolas Morgan

Based on the pace of enforcement actions in the recent quarter, expect the number of cases to continue recovering from the mar...


Judges and Judiciary, Criminal

A victim of domestic violence is expected to speak to dozens of players up and down the chain of our various legal systems, fr...


Technology, Intellectual Property, Entertainment & Sports

How an NFT is like a $5 milkshake

Dec. 27, 2021
By Michael Dore, Zachary Montgomery

Hollywood got its first big case about non-fungible tokens last month when Miramax filed a federal lawsuit in Los Angeles agai...


Banking, Administrative/Regulatory

Visit nearly any marijuana dispensary in the country and you will likely be presented with the option to pay with a credit or ...


Law Practice, Covid Court Ops

The twilight of the courts

Dec. 23, 2021
By James McManis

Suffice to say, the prognosis for a return to trial practice circa 2019 is guarded.


Administrative/Regulatory

The Federal Trade Commission recently released its annual tally of fraudulent calling in FY2021. The FTC received just over 5 ...


Law Practice, Entertainment & Sports, Books

Stream It Tonight! 'My Cousin Vinny'

Dec. 23, 2021
By Paul Bergman, Michael Asimow

Why? The funniest courtroom movie of all time