Last week, the U.S. Supreme Court heard argument in Liu v. SEC, which threatened to upend perhaps the most important sanction ...
Legal Education, Law Practice, Entertainment & Sports
Compelled toward progress
By Frank H. Wu
Like other fans, an extraordinarily devoted following, I felt a loss when the television series “The Good Place” came to its i...
The full extent of the business interruption caused by the novel coronavirus is unknown, but the losses are already catastroph...
Judges and Judiciary
Ballot designations favor prosecutors for the bench
By Timothy D. Reuben
The results of the March 3 judicial election demonstrate one powerful fact: Prosecutors win elections to the bench because of ...
Probate, California Courts of Appeal
Not final after all: Ruling voids 1991 probate court decree
By Jeffrey A. Dennis-Strathmeyer
On Feb. 24, a panel of the 1st District Court of Appeal issued a remarkable opinion concluding that a 1991 decedent estate dec...
Labor/Employment, Alternative Dispute Resolution
Virtual mediation of ERISA benefit claims in a pandemic environment
By Adrienne Clare Publicover
Despite the copious amounts of hand sanitizer and disinfectant wipes available at my downtown Los Angeles office this week, I ...
The New York Times reported that former Vice President Joe Biden’s tax proposals include one under which “People would have to...
Labor/Employment, Health Care & Hospital Law
CAL/OSHA issues Interim Guidelines for Protecting Workers From Exposure to Coronavirus
By Jonathan S. Vick
Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases such as the 2019 novel coronavir...
U.S. Supreme Court, Tax, Corporate, Civil Litigation
Corporate tax allocation agreements: No longer subject to federal common law
By Stephen J. Turanchik, Douglas A. Schaaf
The U.S. Supreme Court recently struck down a federal common law interpretation of tax allocation agreements and further cauti...
California Supreme Court
You do not forfeit an objection you didn’t have
By Don Willenburg
How do you preserve an objection you never made or had? You hope the California Supreme Court changes the law after your trial...
Immigration, 9th U.S. Circuit Court of Appeals
9th Circuit halts Trump's 'remain In Mexico' policy, and then reverses itself
By Nandini P. Nair
Last month the 9th Circuit halted the Trump administration’s “Remain in Mexico” asylum policy, which was one of the cornerston...
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit again rules prior pay cannot justify pay differentials under the Equal Pay Act
By Erin M. Connell
The 9th Circuit again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities b...
Civil Litigation
Why you might get punished for failure to comply with demurrer rules
By Susan Roche
Last month a Court of Appeal affirmed the trial court's sustaining of a demurrer in the case of Dumas v. Los Angeles County Bo...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Government-hosted social media and the 1st Amendment
By David Urban
On Feb. 26, the 9th Circuit rejected the argument that the ubiquity of social media platforms as a means of communication rend...
Labor/Employment
NLRB’s final joint-employer rule brings clarity for employers
By Michael J. Lotito, Jim Paretti
Employers received welcome news from the National Labor Relations Board last month. On Feb. 26, the board published its long-a...
Letters, Law Practice, Civil Litigation
Strong liability claims resulting in life-altering injuries are just and righteous cases
By Stanley K. Jacobs
As a plaintiffs’ trial lawyer for the past 60 years, I heartily agree with Robert Tyson ‘s recent column, “Is the Defense Bar ...
U.S. Supreme Court, Immigration, Criminal, Constitutional Law, Civil Litigation
High court ruling will allow egregious misconduct to go unchecked
By Ethan D. Dettmer, Joshua S. Lipshutz
In Hernández v. Mesa, decided Feb. 25, the U.S. Supreme Court decimated Bivens. What changed in the past 50 years?
Insurance, Civil Litigation, California Courts of Appeal
Appellate ruling shows the importance of choice of law for insurance
By Kirk A. Pasich
A recent appellate ruling shows why it is important to remember that even if a party has argued that one jurisdiction’s law go...
Judges and Judiciary
To be educated or not to be educated, that is the question
By Arthur Gilbert
The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.
Military Law, Health Care & Hospital Law
Recent developments in veterans’ law
By Eileen C. Moore
Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.
Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Big tech faces vigorous antitrust enforcement in 2020
By Aaron M. Sheanin
With mounting political pressure from Congress, the Trump administration, and multiple Democratic presidential candidates, 202...
Labor/Employment, Government
New law unconstitutionally restricts freelance journalists
By Caleb Trotter, Jim Manley
One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...
Family, Criminal
Navigating the law of Domestic Violence Restraining Orders
By Robin Birnbaum, Jillian E. Atuegbu
The goal of this article is to provide attorneys with practical information relating to the issuance of domestic violence rest...
Using the science of influence to gain an advantage in settlement discussions
Letters, Law Practice, Civil Litigation
An attack on California’s lemon law fees is an attack on consumers
By Joseph A. Kaufman
A recent guest column by Colorado attorney Lee Mickus purports to offer a broad critique of California’s lemon law by lamentin...
As President Barack Obama once observed, economic justice — making sure that every American has the opportunity to succeed — i...
Law Practice, Civil Litigation
Is the defense bar being out-lawyered?
By Robert F. Tyson Jr.
Nuclear verdicts — often those in which damages exceed $10 million — are increasingly commonplace in this country, presenting ...
Labor/Employment, Civil Litigation
A review of disability discrimination claims in 2019
By Jeffrey D. Polsky
In 2019, disability discrimination claims were among the most frequently filed employment discrimination claims in California ...
Labor/Employment
Key 2020 California employment law compliance challenges
By Ann Marie Zaletel
California has long been a national trend-setter in employment law. While some federal agencies of late have generally been mo...
Law Practice, Ethics/Professional Responsibility
Tips for taking confidential information across the border
By Shari L. Klevens, Alanna G. Clair
In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...