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


Entertainment & Sports, Contracts, Administrative/Regulatory

The NCAA ultimately wants to gnash its teeth again and is betting big on the idea that federal legislation will not be passed ...


Alternative Dispute Resolution

Now that so few cases get to trial, and so many are mediated before a lawsuit is even filed, perhaps there is a role for media...


Health Care & Hospital Law, Civil Procedure

The California Supreme Court decision is an important development for the many providers that lack the resources necessary to ...


Civil Procedure, California Supreme Court

Batten down the hatches, a new wave of UCL claims may be on the horizon

Jul. 27, 2023
By Ryan D. Ball, Matthew T. Billeci

In the wake of California Medical, organizations that routinely devote resources to fighting unfair business practices ...


Technology

AI drone reportedly kills its human controller in war simulation and becomes favorite weapon of cyber criminals.


State Bar & Bar Associations, Ethics/Professional Responsibility

To the extent that new Rule 8.3 might be a reaction to these recent events, the Thomas Girardi scandal was not caused by a rel...


The program started as a Continuing Legal Education (CLE) to enforce Iranian premarital and marital agreements in California d...


U.S. Supreme Court, Land Use, Constitutional Law

Who benefits from delay?

Jul. 26, 2023
By Michael M. Berger

We are seeing a growing number of land use cases that seem to fall under this rubric. And I wonder why that should be so.


With humility and curiosity, we ask better questions to guide clients towards solutions that make sense for them. In a world w...


Family

Maintaining cultural awareness for partners of justice

Jul. 26, 2023
By Maria Puente-Porras

Establishing Cultural Competency is necessary for any judicial officer presiding over family law matters to protect against we...


Tax, Contracts

When is unpaid rent a liability?

Jul. 26, 2023
By Phil Jelsma

In Catrina E. White v. Commissioner, T.C. Memo. 2023-77 (June 21, 2023), Tax Court Judge Paris looks at when unpaid ren...


Family

What is cultural competence?

Jul. 26, 2023
By Gitu Bhatia

We are more biased than we realize and these blind spots can make us contribute to injustices without having any intention of ...


Family

Plant seeds and a garden will grow

Jul. 26, 2023
By Ellyn J. Stein

Cultural Competency in Family Law Practice (CCFLP) has its genesis in a seed planted by Fred Glassman fifteen years ago. As th...


Real Estate/Development, Administrative/Regulatory

The lack of legal support and certainty around the effect of the Builder’s Remedy, combined with the likelihood that cities wi...


Government, Criminal

A Rule 59 motion for a new trial in Carroll II v. Trump was recently denied. In rejecting the motion, Judge Kaplan expl...


Native Americans, Land Use, Environmental & Energy

Frankly my dear, I don’t want a dam (on the Klamath)

Jul. 25, 2023
By Alexander Rufus-Isaacs

America’s long love affair with dams has left us with around 44,000 dams over 15 feet in height, and a great deal more under t...


Ethics/Professional Responsibility

Sharing office spaces can be beneficial, but it demands a commitment to professionalism and confidentiality.


The bar is arguing that Eastman conspired with Trump and his allies to overturn the 2020 election results with the purpose of ...


Judges and Judiciary

In 2023 the world is firmly in the era of “big data” and the LASC is no exception. Our court is awash in vast oceans of data. ...


Law Practice

Is a law office led by women different from one led by men?

Jul. 24, 2023
By Amy Oppenheimer, Gorev Ahuja

Decision-making styles have various pluses and minuses. While not necessarily gender-linked, in general, transparency is alway...


Technology, Administrative/Regulatory

FTC investigation of ChatGPT a win for consumers

Jul. 24, 2023
By Sabita J. Soneji

By any measure, this is an incredibly swift response by the agency to new technology. Although AI remains at nascent stages, t...


We invite the California Legislature to revisit Penal Code 261.5 in compliance with caljic 10.65, and Anderson, and to make th...


Technology, Administrative/Regulatory

In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


California Supreme Court, Alternative Dispute Resolution

The reasoning employed in Adolph, and the potential outcomes it allows, may run afoul of higher federal law, namely the...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

Although there is a procedure to make a complaint about federal court judges, there is no mechanism to make a complaint about ...


U.S. Supreme Court, Alternative Dispute Resolution

Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...


Tax

Tax missteps if you leave California

Jul. 21, 2023
By Robert W. Wood

California uses a comparative analysis to see if you have closer connections to another state. Some people who leave have unre...


Constitutional Law, Alternative Dispute Resolution

Older workers may get a broad arbitration carve-out

Jul. 21, 2023
By Barry M. Appell

There is reason to believe that additional arbitration carve-outs – for race, religion, disability and other forms of harassme...


California Supreme Court, Alternative Dispute Resolution

Legal implications of the Supreme Court's ruling in Adolph v. Uber

Jul. 20, 2023
By Sue M. Bendavid, Tal Burnovski Yeyni

Employers should review and consider modifying their arbitration agreements to conform to the Adolph decision. They sho...