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


California Supreme Court

‘Jurassic’ Wisdom

Jul. 20, 2021
By Brian M. Hoffstadt

A five-justice majority of the California Supreme Court recently held that appellate courts owed no deference to a trial court...


Civil Rights, California Supreme Court

It is time to approach the officials with ultimate responsibility over legal ethics and the delivery of competent legal servic...


Insurance, Education Law

No one plans a pandemic, but ultimately someone must pay for it. In the United States, lawmakers have responded to the crisis ...


U.S. Supreme Court, Government

In Brnovich v. Democratic National Committee, a six-justice U.S. Supreme Court majority sent a message to the country: If you...


Tax, Intellectual Property, Entertainment & Sports, Civil Litigation

Sisters Kourtney, Kim and Khloe Kardashian won their suit for royalties from the makeup line Kardashian Beauty.


Law Practice, Appellate Practice

On aggressive trial court briefs

Jul. 19, 2021
By Myron Moskovitz

In these bi-monthly columns, I pontificate on appellate brief writing from my lofty perch as an appellate know-it-all. But do ...


Law Practice

Law and motion overview

MCLE
Jul. 19, 2021
By Sunil R. Kulkarni

The objective of this article and accompanying self-study quiz is to familiarize readers with California law and motion proced...


Law Practice, Ethics/Professional Responsibility

Alzheimer’s: Will you know what to do?

Jul. 19, 2021
By Robert M. Heller

Part 2: The duties owed by partners of afflicted lawyer


Law Practice, Civil Litigation

Many attorneys anticipate the meet-and-confer process as eagerly as a dentist visit, but it can nonetheless prove useful; in m...


U.S. Supreme Court

The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in American...


Alternative Dispute Resolution

In my many years as a litigation and trial lawyer, I recommended and helped select a lot of mediators. I also participated in ...


Civil Litigation

The U.S. Supreme Court has another opportunity to finally end the battle over the enforceability of pre-dispute arbitration ag...


Candace Cooper, formerly of the 2nd District Court of Appeal, discusses her experience on the bench.


Ethics/Professional Responsibility

California’s historic adoption of new ethics rules in 2018 is now behind us, but the switch to the American Bar Association’s ...


Technology, Law Practice

Some assert that the advent of AI has increasingly become unruly and is precipitously veering toward lawlessness. AI systems a...


Construction, Civil Litigation, California Courts of Appeal

Construction Corner: Enter equitable subrogation

Jul. 15, 2021
By Garret D. Murai

Typically, subrogation is a matter of contract and the rights and responsibilities of parties are set forth within the terms o...


Civil Rights

According to data from the last Homeless Count in 2020, the city will have to house more than 66,000 people. Now it’s time to ...


Law Practice, Judges and Judiciary, Entertainment & Sports, Civil Rights

Why won’t the court free Britney?

Jul. 14, 2021
By Timothy D. Reuben, Stephanie I. Blum

The Britney scenario is an embarrassment to the California justice system. One can only hope that those who are involved with...


U.S. Supreme Court, Labor/Employment

The U.S. Supreme Court recently granted certiorari in a case in which plaintiff members of two ERISA pension plans claimed tha...


It will come as no surprise to practitioners that discovery issues routinely arise in family law cases. This makes perfect sen...


Labor/Employment

As businesses across the nation were buffeted by the pandemic last year, we witnessed an unprecedented number of closures and ...


Law Practice, Ethics/Professional Responsibility

Alzheimer’s: Will you know what to do?

Jul. 14, 2021
By Robert M. Heller

Part 1: The duties owed by afflicted lawyers


U.S. Supreme Court, Environmental & Energy

In 1972, the U.S. Congress passed the Clean Water Act in response to the realization that a large number of rivers, lakes and ...


U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court’s October 2020 term which ended on July 2 should be seen as a reminder of the basic reality: It is a ve...


Law Practice, Civil Litigation

Pleading treasure

Jul. 13, 2021
By Curtis E.A. Karnow

The law is a haunted house. Haunted by ghosts, by our past.


Family

The family law declaration: a relatively brief history

MCLE
Jul. 13, 2021
By Scott J. Nord

It is often posited that family law is like the Wild West of litigation -- anything goes.


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Despite Girardi debacle, State Bar continues to ignore consumer protection

Jul. 12, 2021
By William L. Winslow, James A. Gorton

Even as the State Bar of California acknowledges mistakes regarding its stunning failure of regulatory oversight in the matter...


Judges and Judiciary

How to drive James Joyce nuts

Jul. 12, 2021
By Arthur Gilbert

Just think if James Joyce were writing his magnum opus “Finnegans Wake” today on a computer, auto correct would drive him over...


Government, Family

Last month, California Attorney General Rob Bonta issued a statement to creditors and debt collectors that it would be illegal...


U.S. Supreme Court, Entertainment & Sports

The NCAA is not above the law

Jul. 12, 2021
By Garrett R. Broshuis

Last month the Supreme Court affirmed a Northern District of California judgment finding that the NCAA had violated antitrust ...