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


Military Law


Black & Blue

Feb. 8, 2023

The court martial of Black sailors for mutiny by the Navy.


The decision may not break much new doctrinal ground, but it likely will have a huge practical effect.


Civil Procedure, 9th U.S. Circuit Court of Appeals


California cannabis businesses may walk the line – paying state taxes and obtaining licenses – but that doesn’t mean they will...


“No mere monkey business”: Why a federal judge rejected an artist’s First Amendment defense to trademark infringement, keeping...


Law Practice


Before the judge rules, you have an ethical duty to fight like hell. After she rules, you have an ethical duty t...


9th U.S. Circuit Court of Appeals, Civil Procedure


While the decision eliminated one potential tool for cannabis companies to protect themselves against predatory and unethical ...


Technology


One can imagine the turmoil that will occur when ChatGPT decides to take credit for what it writes. Believe me, that is in the...


In the trust and estate context, ethical rules take on a bigger role as an attorney advising a fiduciary or a beneficiary may ...


This year, the city of Anaheim offered a prime example of what not to do in response to NIMBY pressures to prohibit unwanted p...


Intellectual Property, Antitrust & Trade Reg.


A control group is not always needed, but be cautious about skipping one, and make sure it is an intentional and educated choice.


Banking, Securities


Delaying an IPO debut during a year when a company’s business and strategy were tested could be a recipe for potential disaster.


Technology


The Chatbot lawyer

Jan. 31, 2023

While the A.I. response is interesting, even thought-provoking, it is not on the mark. It mixed general ethics issues with tho...


Government


Why did the chicken cross the road? Because he didn’t have to use a crosswalk to get to the other side.


Contracts, Intellectual Property


Before you leave, check your employment contract to see what post-departure restrictions there may be, such as non-solicitatio...


When the government knows a law firm caters to a particular type of client – worst case, criminals not known to the government...


Contracts


Non-competes no more?

Jan. 26, 2023

The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...


Litigation & Arbitration, Wills, Estates & Trusts


Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...


California Supreme Court


The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...


Law Practice, Appellate Practice


Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...


Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...


The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...


Law Practice, Appellate Practice


These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...


Government, Consumer Law


In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...


Wills, Estates & Trusts, Real Estate/Development


If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...


Law Practice, Appellate Practice


I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...


Technology, Data Privacy


What general counsels and company leaders need to know about transparency and accountability for data breaches


Judges and Judiciary, California Courts of Appeal


The undead

Jan. 9, 2023

l am like a fugitive from a horror movie, one of the undead. Luckily, I don’t enter the courtroom from the entrance, an unnerv...


Military Law, Family


Senator Susan Talamantes Eggman was the right person at the right time for veterans in family law matters.


Insurance, Litigation & Arbitration


One of the most notable changes required by SB 1155 is the time an insurance company must be given to act on a pre-litigation,...


Wills, Estates & Trusts


No contest clauses come in all shapes and sizes, from a single paragraph to a dozen pages, and courts have found their enforce...