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


Evidence

The little hearsay exception that couldn’t

Nov. 30, 2023
By Ashfaq G. Chowdhury

A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...


Constitutional Law, Administrative/Regulatory

Is it time to reconsider Penn Central?

Nov. 29, 2023
By Michael M. Berger

We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regula...


Labor/Employment

How far do California’s new non-compete laws reach?

Nov. 29, 2023
By Walter C. Pfeffer

California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...


Judges and Judiciary, Government

Where should we go from here?

Nov. 29, 2023
By James P. Gray

We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, ...


Technology, Corporate

Great governance holds the key to “good” AI

Nov. 29, 2023
By Sara L. Terheggen

In assessing AI’s data and functionality and its intersection with current and future regulatory compliance, it is important f...


State Bar & Bar Associations, Ethics/Professional Responsibility

Beginning with reporting year 2025, all attorneys must complete one hour of continuing legal education in use of technology in...


Year in Review Column, Securities

The SEC’s recent enforcement actions confirm whistleblower protections

Nov. 28, 2023
By Thomas A. Zaccaro, Deeksha Kohli

In the SEC’s last fiscal year alone, the SEC’s Office of the Whistleblower received a record 18,000 tips (or approximately 70 ...


Family

Guide to Family Court “Buzzwords” (Part 2)

MCLE
Nov. 28, 2023
By Patti C. Ratekin

The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...


State Bar & Bar Associations, Letters, Ethics/Professional Responsibility

In order to better serve the public, why doesn’t the State Bar turn its attention to partnering with the local bar association...


State Bar & Bar Associations, Letters, Ethics/Professional Responsibility

The statement that “everyone’s against it” is false. The State Bar staff report clearly states that 84% of the public support ...


In response to unlicensed credit promoters failing to substantiate ERC claims, the IRS announced new guidelines for reviewing ...


Torts/Personal Injury, Constitutional Law

Balancing free speech with a right to know about possible carcinogens

Nov. 27, 2023
By Nidya Gutierrez, Aaron Zigler

If we value free speech, we must agree that businesses should not be unjustifiably compelled to issue messages to their consum...


Judges and Judiciary, Family

Guide to Family Court “Buzzwords” (Part 1)

MCLE
Nov. 27, 2023
By Patti C. Ratekin

The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...


Judges and Judiciary, Family

Solutions for a broken family law system

Nov. 27, 2023
By Mark E. Minyard

There are those who think that the family court does not need more judicial officers and believe it simply needs to be more ef...


Insurance

Opportunities for insisting on independent counsel

Nov. 27, 2023
By Peter S. Selvin, Elliot Chen

Although the court's holding in Long v. Century Indemnity Co. had to do with whether Long's suit was subject to mandato...


Constitutional Law

Bump stocks, machine guns, and the rule of lenity

Nov. 24, 2023
By Glenn E. Roper

A brief submitted by the Pacific Legal Foundation focused on the “rule of lenity,” a doctrine that requires resolving ambiguit...


Technology, Law Practice

Navigating the tech-legal landscape

Nov. 24, 2023
By Robert Scott

As has been the case in many industries, leaders in the legal community have questioned whether it’s responsible to implement ...


Letters, Family

The Emperor Has No Clothes (in family law)

Nov. 24, 2023
By Francisco F. Firmat (Ret.)

A system of justice that adds years to the emotional injury of divorce litigation, where justice is delayed and fractured, whe...


Law Practice

In this month’s edition of “The Source,” we delve into the power of content marketing in the legal field. Discover how to defi...


Mergers & Acquisitions

M&A Safe Harbor Policy bolsters deal certainty

Nov. 22, 2023
By Joshua DuClos, Douglas Axel

The new policy has faced considerable political criticism, but critics have failed to acknowledge the valuable impact the poli...


Judges and Judiciary, Family

Why is the family court the only court that is forced to treat its litigants with disrespect while litigants in other legal di...


Law Office Management, Ethics/Professional Responsibility

Reclaiming your books from unclaimed property

Nov. 22, 2023
By David M. Majchrzak

One of the benefits of monthly reconciliations is that it allows lawyers to determine relatively soon who has not received the...


Corporate, Constitutional Law

It is crucial to recognize that corporations, like any other entity, have the right to engage in public discourse. Attempting ...


Government, Contracts, Administrative/Regulatory

Government claims and declaratory relief: Stronghold Engineering Inc. v. City of Monterey. The 6th District ruled that ...


Tax, Law Practice

You have likely heard of the tax concept of constructive receipt. This tax rule only applies to cash basis taxpayers. And rega...


Criminal, Constitutional Law

School districts continue to throw illegitimate roadblocks to their responsibility to protect minor students from sexual abuse...


Land Use, Administrative/Regulatory

My second-most memorable client

Nov. 20, 2023
By Myron Moskovitz

John Maher was a human dynamo – an unstoppable bundle of Irish charm and street smarts. A good-looking, smooth-talking guy wit...


Securities, 9th U.S. Circuit Court of Appeals

No lead plaintiff status, no standing ruling draws dissent and an appeal

Nov. 20, 2023
By Jonathan D. Uslaner, Lauren M. Cruz

Ninth Circuit says that investor who failed to stand up and seek lead plaintiff status has no standing to appeal an adverse ru...


Judges and Judiciary, Family

Perhaps, if all California family law judicial officers simultaneously requested reassignment out of family court, Gov. Gavin ...


Government, Criminal

When a juvenile offender commits a violent and dangerous crime such as murder or predatory sexual assault and that offender is...