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


Labor/Employment, Covid Columns

Can employers require employees to receive a COVID-19 vaccine?

Sep. 30, 2020
By Jackie Karama, Josh Henderson

Neither the courts nor federal agencies have addressed whether an employer-mandated COVID-19 vaccination requirement is lawful...


Letters

Headline for judicial profile was tone deaf

Sep. 30, 2020
By Holly O. Whatley

I was dumbfounded by the “Daddy’s Gill” headline in the Daily Journal’s Sept. 28 profile of Kern County Superior Court Judge S...



Probate

The bill increased thresholds for “small estates” to avoid formal probate proceedings.


Securities, Mergers & Acquisitions

Strategies for fund managers to avoid SEC pitfalls

Sep. 30, 2020
By Sara L. Terheggen

Whether you are a first-time fund, exempt adviser or registered investment adviser, all funds must be mindful of implementing ...



Real Estate/Development, Law Office Management, Covid Columns

The Great COVID-19 Office Migration: winners and losers

Sep. 30, 2020
By Daniel Teitelbaum

Businesses and investors can get ahead by embracing the changes that are here to stay.


Alternative Dispute Resolution

Advantages of using a judge pro tem

Sep. 30, 2020
By Patrick J. Mahoney

Parties use a judge pro tem to ensure a decision maker is knowledgeable in the law applicable to the dispute as well as having...



Last week, by a unanimous 4-0 vote, the California Fish and Game Commission agreed to accept a petition submitted by the Cente...


Labor/Employment, Covid Columns

Earlier this month, Gov. Gavin Newsom signed a bill to impose notice, record keeping and safety obligations on employers in Ca...



U.S. Supreme Court, Constitutional Law

RBG, her successor and takings law

Sep. 29, 2020
By Michael M. Berger

As this column is devoted to takings law, this seemed like an apt moment to examine the late Justice Ruth Bader Ginsburg’s par...


Judges and Judiciary, Ethics/Professional Responsibility

If the state of California is looking to reckon with the pseudo-symbiotic relationship between the justice system and law enfo...



U.S. Supreme Court, Letters, Government

Column on RBG’s death ignores recent history

Sep. 29, 2020
By Jacques Beugelmans

In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that “[Justice Ruth Bader] Ginsburg’s death could spa...


Government, Criminal

"General Michael Flynn is a defendant without a prosecutor" With that rhetorical hook, Sidney Powell, counsel for former Natio...



Health Care & Hospital Law, Entertainment & Sports, Covid Columns

The COVID-19 edition of the 2020 NCAA college football season is unlike any of the previous 150 seasons.


Intellectual Property, 9th U.S. Circuit Court of Appeals

Copyright ruling may limit protection for works involving history

Sep. 28, 2020
By Cydney Tune, Vijay K. Toke

The 9th U.S. Circuit Court of Appeals recently issued an opinion in a copyright case that may significantly limit the copyrigh...



A 19th century decision by the California Supreme Court is a tribute to those who stood against anti-Mexican racism.


Tax, Government, Criminal

In 2019, Cy Vance, the New York County district attorney, served a subpoena on Mazars, President Donald Trump’s accounting fir...



Labor/Employment, California Courts of Appeal

Ruling corrects troubling unemployment insurance claim trend

MCLE
Sep. 28, 2020
By Mai Linh Spencer

The 1st District Court of Appeal has issued an opinion one hopes will make it easier for some workers to obtain benefits where...


U.S. Supreme Court, Constitutional Law

Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three ...



State Bar & Bar Associations, Legal Education

In 2018, 55% of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly ...


Technology, Law Practice

The core of our adversarial approach relies upon the essential groundwork of legal argumentation. Lawyers and legal profession...



State Bar & Bar Associations, Law Practice, Covid Columns

The “diploma privilege” boils down to full faith and credit access to justice for “Us” and no faith and credit for “Them,” mea...


Torts/Personal Injury, Law Practice, Covid Columns

Leveraging alternative dispute resolution procedures to stay afloat during a pandemic



Antitrust & Trade Reg.

The Federal Trade Commission recently issued proposed rules for claiming products are “made” in the USA, and penalties under t...


Environmental & Energy

No more water, and the fire next time?

Sep. 24, 2020
By Gerald George

The current disasters across California, the country, and the world are not the “new normal.” In fact, the magnitude and frequ...



Tax, Labor/Employment, Covid Columns

President Trump’s payroll tax deferral

Sep. 24, 2020
By Maureen Linch

President Trump issued an executive memorandum last month to allow payroll tax deferral for employees in response to the ongoi...


U.S. Supreme Court, Civil Rights

The court will consider whether the ‘arise out of or relate to’ requirement for a state court to exercise specific personal ju...



Insurance, Covid Columns

As recent court decisions have shown, one thing that has not changed is an insurer’s duty to investigate a claim submitted by ...


Constitutional Law, Civil Litigation

From anti-SLAPP issues to providing ‘clear and convincing evidence’ of knowing falsity, the Harvard professor’s defamation cas...



Technology, Constitutional Law

TikTok, WeChat bans on hold due to deal, injunction

Sep. 23, 2020
By Anita Taff-Rice

Trump has now wielded the First Amendment eraser on his presidential pen to outright ban Tiktok and WeChat social media applic...


Technology, International Law, Data Privacy

This month, Facebook announced it is the subject of an inquiry by the Irish Data Protection Commission. The commission had iss...