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.
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

Both parties should be clear in their understanding and agreement as to what an advance payment is for, and that if it is an a...


The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...



In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...


Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...



Alternative Dispute Resolution

Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...


Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...



SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...


Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...



Alternative Dispute Resolution

Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.


The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...



Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...


Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...



Environmental & Energy, Class Action

Businesses that fail to comply with new disclosure laws may face lawsuits from consumers who allege that they have been misled...


Civil Litigation

The lower life expectancy of certain groups, such as Hispanic males, can affect the economic value of life care plans and othe...



The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can...


Wills, Estates & Trusts, Alternative Dispute Resolution

Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listenin...



Securities

The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission...


Alternative Dispute Resolution

Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.



Civil Procedure, Civil Litigation

The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...


Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...



Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...


It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...



Technology

Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.


For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...



US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...


In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...



Alternative Dispute Resolution

Disclosure is required whenever a reasonable, informed person could entertain doubts about the arbitrator’s impartiality.


While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil ...



Evidence, California Supreme Court

Gray areas

Jan. 31, 2024

The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the bri...


Securities, Corporate

The badge of unicorn requires more than just a lofty idea and a hint of innovation, it demands revenue numbers that can be tra...