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

Ediscovery, Alternative Dispute Resolution

Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...


The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...



The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...


Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...



Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...


U.S. Supreme Court, Constitutional Law, Civil Rights

Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...



Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...


Evidence

Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...



Constitutional Law


CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...



Contrary to what we see on television, there is no waiting period to report a missing person. This includes a child that is il...


California Supreme Court

Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...



Judges and Judiciary

Raising issues of judicial or court bias is understandably uncomfortable, especially for those who have to continue to live an...


Labor/Employment, Contracts

Did the perfect storm of general labor changes, economic distress, and a protracted strike create fair winds for the WGA to re...



Judges and Judiciary

Times, they changed

Oct. 2, 2023

Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...


From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...



Securities, Administrative/Regulatory

While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...


Intellectual Property, Administrative/Regulatory

The Google case is historically significant as the first major antitrust challenge against a tech company in over two decades,...



Administrative/Regulatory

If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...


Law Practice

When it comes to fostering a healthy firm culture, it’s all about supporting favorable behaviors that not only support today’s...



Music’s biggest star can teach some lessons to the defense bar.


Administrative/Regulatory

Unique to the FCA's structure is the right of private citizens - often referred to as "relators" or "whistleblowers" - to purs...



Constitutional Law, Civil Rights

California and Florida have conflicting laws about gender-affirming care. The divide will likely be resolved by the conservati...


Intellectual Property

Copyright law seeks to protect an individual’s freedom of expression. Ordering a sale of artistic property would seemingly def...



Many people serving long sentences are also part of an aging population that is far less likely to reoffend, and costly to kee...


Judges and Judiciary

If judges were to avoid all bar association events that were sponsored by law firms, their absence would adversely affect the ...



Currently, some districts divide their business geographically, so that a case filed in a particular division will only be hea...


California Courts of Appeal

This is the first time that any court has dealt with a settlement that is less than the 998 offer when the case involved a fee...



Labor/Employment, Administrative/Regulatory

California employers with workspaces that are prone to extreme heat, such as warehouses, may want to review newly-proposed Cal...


Alternative Dispute Resolution

Outcomes in a courtroom are not sterile; they are the result of human beings assessing the motivations and actions of others. ...