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...
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline


Administrative/Regulatory


The amendments are largely technical updates supported and advocated by many franchisee organizations, but represent significa...


Intellectual Property


A recent federal district court decision illustrates the contours of the voluntary cessation doctrine and provides a roadmap o...


Law Practice


It’s been a bellwether year– procedurally – for the anti-SLAPP statute in cases involving lawyers.


Law Practice, Appellate Practice


Words are a lawyer’s stock in trade. Law is all about words: the interpretation of a statute or contract, the persuasion of a ...


Law Practice, Appellate Practice


The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.


Labor/Employment


Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...


Law Practice, Appellate Practice


Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...


Guide to Legal Writing, Law Practice, Appellate Practice


Bah Humbug

Dec. 16, 2022

We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...


The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...


The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...


The Commission voted unanimously on each of the names it recommended for renaming.


“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...


Constitutional Law, Civil Rights


With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...


When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...


Though open-source software is offered for free, using it can carry hidden costs.


Law Practice, Appellate Practice


With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.


One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.


Class Action


The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...


Judges and Judiciary, Administrative/Regulatory


Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...


U.S. Supreme Court, Technology, Civil Rights


If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...


Health Care & Hospital Law, Government


If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...


U.S. Supreme Court, Intellectual Property


The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...


California Supreme Court


Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...


Family


For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...


Securities


Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...


Labor/Employment


It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...


Technology, Intellectual Property


The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...


It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...


Labor/Employment, Contracts


The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...


U.S. Supreme Court, Civil Rights


Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...