Government, Criminal
Legislative limits: Voter action is needed to amend Proposition 47
By Marc N. Kapetan
California is facing a retail theft and fentanyl crisis, but the proposed solutions by politicians in Sacramento fall short of...
Alternative Dispute Resolution
The wild gold rush of the mediation profession: Strike it rich or bust?
By Joel Bertet
There are 1.33 million lawyers and 40 million lawsuits filed in the US every year, creating a backlog and delay in the court s...
Civil Rights
The future of discrimination in unions with BIPOC representation
By K. Chike Odiwe
A white teacher in Sacramento County has sued his union for reserving one seat on its governing board for a non-white member, ...
Labor/Employment
The Workplace Violence Prevention Plan compliance deadline is almost here
By Michael M. Brewer
California employers must establish an effective workplace violence prevention plan by July 1, 2024, and applies to all Califo...
Environmental & Energy
Little Hoover Commission’s recommendations undermine fundamental CEQA protections
By Jennifer Ganata, Douglas P. Carstens
The report fails to provide verifiable data or specific analysis to justify its proposals, and in some cases, contradicts its ...
Torts/Personal Injury
Court rules background checks are not required for Lyft passengers
By Michael E. Rubinstein
The Court applied the sliding scale of foreseeability factors from the California Supreme Court cases of ...
Proposition 22 and the statute only relate to workers’ compensation, and do not address the tort liability of app-based compan...
State Bar & Bar Associations, Letters
State Bar action is overdue in city attorney corruption scandal
By Jerry Flanagan, Ryan Mellino
The State Bar of California is confronting its most significant test yet in proving its reformation efforts. This comes as the...
Gray divorce can affect retirement plans, savings, assets, insurance benefits, and personal possessions of the divorcing spous...
Tax professionals can play a vital role in clarifying the taxation of damages and legal fees, assessing tax gross-up assertion...
Ethics/Professional Responsibility
Client transgressions: What to do when a client plans to commit a crime
By Shari L. Klevens, Alanna G. Clair
Lawyers who face ethical dilemmas when dealing with clients who propose or commit illegal acts may consult their firm’s in-hou...
Real Estate/Development, Tax, California Supreme Court
California Supreme Court to decide on mansion tax’s fate
By Jeffrey Dintzer, Garrett Stanton
The Taxpayer Protection and Government Accountability Act, an anti-tax initiative, is likely to pass in November, which could ...
The Camp Lejeune Justice Act of 2022 allows lawsuits against the government for injuries caused by contaminated water, but pla...
Professional teams and scouts may face a shortage of experienced talent in the next few drafts, but also have a better sense o...
Letters
Society is moving away from the "Scarlet Letter" approach to punishment and the State Bar should as well
By Eugene M. Hyman
"State Bar Trustees Approve Expungement of Discipline Records," Daily Journal May 17. The State Bar should implement a more in...
Criminal, California Supreme Court
CA Supreme Court upholds trial court’s dismissal of strict liability municipal code violations against landlord
By Dmitry Gorin, Alan Eisner
The Wheeler case provides a further avenue to obtain a dismissal of criminal charges for an innocent landlord even faster purs...
Torts/Personal Injury
Whiplash and Whiplash-Associated Disorder is no joke
By Reza Torkzadeh, Allen P. Wilkinson
Many people with whiplash recover in one to three months, but some develop chronic symptoms that can last for years and affect...
Entertainment & Sports, Contracts
The current state of independent film financing
By Schuyler M. Moore
Equity financing is the starting point for all film financing and there are many ways to go about it, but beware of the dreame...
The ongoing legal battle over Marilyn Monroe’s Brentwood property has reignited discussions about historic designations in Los...
Letters
Facts matter and the Daily Journal has a responsibility to investigate and report accurate facts
By Virginia A. Phillips
The Daily Journal's recent piece on the retirement of Judge Cormac J. Carney failed to include all facts regarding Judge Carne...
Immigration
Yet again, the government proposes a rule that would further erode the right to seek asylum
By Miosotti H. Tenecora
The proposed rule to apply the mandatory bars to credible fear interviews would require a complex analysis that is best suited...
Law Practice, Appellate Practice
‘Cleaned up’ California: 7 years on
By Benjamin G. Shatz, Patrice Ruane
The “cleaned up” citation format, proposed by attorney Jack Metzler in 2017, has gained popularity in legal writing, with near...
Tax, Labor/Employment
The IRS has ramped up its efforts to catch tax fraudsters involved in Employee Retention Credit misuse
By Michele Leichtman Weiss, Sally Reddy
The IRS has stepped up enforcement efforts against mills that prepared inflated or illegitimate Employee Retention Credit clai...
Law Practice, Ethics/Professional Responsibility
Aging gracefully and recognizing competency issues in the practice of law
By Benazeer “Benny” Roshan
The average age of active attorneys in California is 50, and more than 16% are over 65. This “silver tsunami” of baby boomer l...
Horse owners and litigants who prevail in hard cases should not take credit for the achievements of their horses or lawyers, r...
Law schools should reconsider the rigid division of subjects and combine some courses that have doctrinal overlap.
U.S. Supreme Court, Constitutional Law
US Supreme Court rules that race, if not a predominant factor, can be used in political district mapping
By Philip M. Howe
The Court ruled that challenges to a re-districting map must establish that “race was the predominant factor motivating the le...
Insurance, Environmental & Energy
Four options for dealing with climate-related disasters: defend, adapt, retreat, or buy/rent-out
By Chinye Uwechue
California is facing a crisis as insurance companies are leaving the state due to the increasing frequency and severity of cli...
Judges and Judiciary, Ethics/Professional Responsibility
How does impartiality work when judges are selected because of their real and perceived biases?
By Mark B. Baer
United States Supreme Court Justice Clarence Thomas has been criticized for his alleged ethical violations and bias. However, ...
Criminal, California Supreme Court
Petitioners and AG Bonta ask California Supreme Court to review constitutionality of death penalty
By Douglas Fuchs, Eric Vandevelde
The California Supreme Court could either grant review and appoint a special master, as suggested by the AG, or deny review wi...