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, California Supreme Court

Wage and hour law updates for interstate workers

Jun. 30, 2021
By David E. Mastagni

Last year, the California Supreme Court released the long-awaited decisions in two separate cases determining that California ...


Labor/Employment, Constitutional Law

Employment law and freedom of speech

Jun. 30, 2021
By Arlene Yang, David Mehretu

Employee political speech has become one of the hottest topics for California employers. This has been driven by the ubiquity ...


Labor/Employment

Cal/OSHA's COVID-19 Prevention Emergency Temporary Standards have travelled a tumultuous road since their introduction in Nove...


Law Practice, Civil Litigation

Every lawyer knows that filing a complaint in court is only the beginning of the litigation process. Like the opening kickoff ...


Health Care, Pharmaceuticals, Biotech, Family, Criminal

People living with HIV or AIDS must decide whether, how and when to disclose their positive status. In many states, different ...


U.S. Supreme Court, Criminal, Constitutional Law

On June 23, the U.S. Supreme Court decided that the “hot pursuit” of a fleeing misdemeanor suspect, as contrasted with a felon...


Alternative Dispute Resolution

In case you missed it, California is no longer an unfriendly venue for international arbitrations.


U.S. Supreme Court, Entertainment & Sports, Antitrust & Trade Reg.

When the UCLA Bruins thumped the Houston Cougars by 32 points en route to their NCAA championship, Californians rejoiced. Last...


U.S. Supreme Court, Health Care, Pharmaceuticals, Biotech

The Supreme Court’s ruling makes it more difficult for future court challengers of the Affordable Care Act to have their core ...


Law Practice, California Supreme Court

The dispute between Mexico and the U.S. over a charity established in the 1600s arose out of the two countries’ intertwined hi...


Constitutional Law

Judge ignored facts, law while taking knife to assault weapons ban

Jun. 28, 2021
By Scott A. Edelman, Jillian N. London

Earlier this month, Judge Roger Benitez of the U.S. District Court for the Southern District of California held in Miller v. B...


Government, Constitutional Law

While Georgia, Texas and a plethora of other states look to undermine voting rights and further disenfranchise voters, right h...


U.S. Supreme Court, Labor/Employment, Constitutional Law

In a 6-3 opinion, the U.S. Supreme Court issued a major property rights decision in favor of landowners in a case addressing C...


Law Practice

What happens when lawyers break the unspoken rules of how lawyers are supposed to be lawyers?


Books

Liberalism’s bloody backstories

Jun. 25, 2021
By Richard Wirick

“Yes, I am a liberal,” said Justice Louis Brandeis. “I call it Civilization.” Pankaj Mishra’s book “Bland Fanatics” takes us b...


U.S. Supreme Court, Environmental & Energy, Civil Litigation

Climate change litigation helps clarify federal removal statutes

Jun. 25, 2021
By John F. Querio, Lacey L. Estudillo

In the future, plaintiffs should expect to see defendants add federal-officer or civil-rights removal grounds to their notices...


State Bar & Bar Associations

State Bar whitewash

Jun. 24, 2021
By Antonio R. Sarabia II

In the State Bar’s recent news release admitting errors in the handling of past investigations into Thomas Girardi, not one mi...


Law Practice, Ethics/Professional Responsibility

Trouble

Jun. 24, 2021
By Michael P. Masuda

There is an old adage that cows run away from a storm while the buffalo charges toward it — and gets through it quicker. Do no...


Civil Litigation

H&R Block recently filed a cert petition that attempts to persuade the United States Supreme Court to grant review of Cali...


When prices increase at constant and predictable rates, forward commitments made today will match economic conditions when per...


Constitutional Law

Paper streets and the US Constitution

Jun. 23, 2021
By Michael M. Berger

Folks in El Dorado County apparently became concerned that more development projects were being approved than local roads coul...


Criminal

When the Human Trafficking Institute began publishing an annual data set on human trafficking prosecutions in 2018, there was ...


U.S. Supreme Court, Constitutional Law

What next for Roe v Wade? The Mississippi attack.

Jun. 23, 2021
By James McManis

In March 2018, the state of Mississippi enacted a statute entitled the Gestational Age Act specifically to give the U.S. Supre...


Tax

You stole my pension money — pay up, taxes too

Jun. 23, 2021
By Robert W. Wood

Legal disputes come in all shapes and sizes. And there are almost always tax issues for plaintiffs, defendants, or both. Plain...


Labor/Employment

To mask or not to mask, that is the question... that employers are asking

Jun. 23, 2021
By Christy D. Joseph, Brian J. Mills

California recently passed its June 15 reopening benchmark, leaving employers with unanswered questions regarding their workpl...


Technology

Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road.


Technology, Law Practice

It is appropriate to assert that standards make the world go round, especially when considering the impact that standards have...


Bankruptcy

Under the U.S. Constitution, states “maintain certain attributes of sovereignty, including sovereign immunity.”


Juneteenth's Dissonance

Jun. 21, 2021
By Julie A. Werner-Simon

As a former long-time federal prosecutor and now a law professor, I had mixed feelings about our newest federal holiday, Junet...


Can you compel arbitration without an arbitration agreement? The 9th U.S. Circuit Court of Appeals recently weighed in with tw...