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


Intellectual Property, Civil Litigation

Induced infringement ruling could have far-reaching effects

Nov. 5, 2020
By Daniel Knauss, Alissa Wood

A recent Federal Circuit ruling has potentially far-reaching impacts in cases involving allegations of induced infringement.


Law Practice, Ethics/Professional Responsibility

When an attorney is sick, who and when must they tell?

Nov. 5, 2020
By Shari L. Klevens, Alanna G. Clair

With flu season approaching and the COVID-19 pandemic enduring, there is extreme concern about the possibility of getting sick...


The latest instance involves Goldman Sachs, which is paying about $2.9 billion to settle its role in the 1MDB scandal.


Constitutional Law

Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...


Construction, Appellate Practice

A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it...


Law Practice, Appellate Practice

You are not James Bond

Nov. 3, 2020
By Benjamin G. Shatz

The Double-O designation gives Bond a license to kill, but when lawyers misuse it, they’re merely abusing their license to ill.


Law Practice, Judges and Judiciary

Commission on Judicial Performance adopts amended rules

Nov. 3, 2020
By Kathleen Ewins, David McMonigle

This year, the commission considered amendments to six rules — Rule 115 (Notice of Tentative Public Admonishment); Rule 116 (P...


U.S. Supreme Court, Immigration, 9th U.S. Circuit Court of Appeals

Who may enforce Congress’ appropriations powers

Nov. 3, 2020
By Douglas A. Winthrop, Irvin Nathan

The U.S. Supreme Court recently decided to hear a pair of important 9th Circuit cases that seek to enjoin President Donald Tru...


Last month, the Eastern District of California granted a preliminary injunction against the state of California regarding Pena...


Environmental & Energy

How to divide the groundwater pie and avoid legal challenges

Nov. 3, 2020
By Christina Babbitt, Valerie C. Kincaid

Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...


Law Practice

300 years ago

Nov. 2, 2020
By Arthur Gilbert

Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...


Law Practice, Appellate Practice

Word Counts

Nov. 2, 2020
By Myron Moskovitz

When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...


Administrative/Regulatory

FDA proposes rule clarifying evidence for determining product’s intended use

Nov. 2, 2020
By David M. Hoffmeister, James R. Ravitz

Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...


Civil Litigation, California Courts of Appeal

In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...


U.S. Supreme Court, Judges and Judiciary, Government

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...


Technology, Law Practice

There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...


Tax, Law Practice

Legal settlements are usually taxed as income, and they are usually ordinary. That is the IRS default position. But the IRS is...


Law Practice, Ethics/Professional Responsibility

Communicating with clients and colleagues during COVID-19

Oct. 30, 2020
By David M. Majchrzak, Heather L. Rosing

Speak to a risk management specialist in just about any industry, and they will tell you one of the best tools to prevent clai...


Labor/Employment

Approximately 31% of workers switched from working onsite to working at their home offices by the first week of April. This ch...


Law Practice, Ethics/Professional Responsibility

The future of advance conflict waivers in California

MCLE
Oct. 30, 2020
By Amy L. Bomse

This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Cou...


Criminal, Constitutional Law, Civil Rights, California Supreme Court

Friends of the court, enemies of the death penalty

Oct. 29, 2020
By Stephen F. Rohde

On Monday, Gov. Gavin Newsom told the California Supreme Court that "racial discrimination infects the administration of Calif...


Criminal, California Courts of Appeal

Earlier this month, the 1st District Court of Appeal issued an opinion that adheres to an unfortunate trend in some courts to ...


Civil Litigation, Administrative/Regulatory

Pitfalls of proposed amendments to CDA Section 230

Oct. 29, 2020
By Daniel Rozansky, Cristy Jonelis

Recently proposed amendments to Section 230 of the Communications Decency Act will increase interactive computer service provi...


Family

A judge I regularly practice in front of once confessed that “move-away” custody cases are the worst part of his job.


Labor/Employment, Covid Columns

Some questions, and few answers, about the ramifications of COVID-19 on disability claims.


Technology, Government, Corporate, Antitrust & Trade Reg.

Is the DOJ’s Google antitrust lawsuit just the beginning?

Oct. 28, 2020
By David W. Kesselman, Amy T. Brantly

While the lawsuit against Google is certainly a welcome beginning, it will take more than a single lawsuit to open up competit...


Environmental & Energy, California Supreme Court

The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inco...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litiga...


Law Practice, Ethics/Professional Responsibility

Selfish civility?

Oct. 28, 2020
By Michael P. Masuda

The idea is that we benefit, perhaps selfishly, by acting with civility and professionalism: by simply being nice.


Government, Civil Litigation

A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fe...