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


Appellate Practice, California Courts of Appeal, Civil Litigation

Seasoned litigators are well aware of the expedited procedures to enforce settlement agreements under Code of Civil Procedure ...


Corporate, Government, Tax

The plan is murky, as tax reform often is. Some handwritten comments are illegible. It is progress. Seemingly, soon, we will h...


Ethics/Professional Responsibility, Law Practice

’Tis the season to take a pro bono case

Dec. 5, 2017
By Hamid Yazdan Panah

The flexibility and independence of solo attorneys means that they are uniquely situated to take on pro bono cases and fill in...


Appellate Practice, Judges and Judiciary

To doubt or not to doubt

Dec. 4, 2017
By Arthur Gilbert

Perfectly acceptable words can become detestable through overuse and misuse. "Incredibly" and "iconic" vie for first place on ...


Constitutional Law, Corporate, Civil Litigation, Securities, U.S. Supreme Court

About-face on SEC in-house judges is startling

Dec. 4, 2017
By Ronald E. Wood

Trump Justice Department is turning its back on decades of history and process to argue that the Security and Exchange Commiss...


9th U.S. Circuit Court of Appeals, Constitutional Law, Immigration, U.S. Supreme Court

Regardless of how the Supreme Court decides Jennings v. Rodriguez, there is no doubt that its decision will have a significant...


Appellate Practice, California Courts of Appeal, Labor/Employment, Law Practice

Thanks, CLRA

Dec. 4, 2017
By Myron Moskovitz

I can't let 2017 end without congratulating California Rural Legal Assistance on its 50th anniversary. The legal aid group was...


Intellectual Property, Civil Litigation, U.S. Supreme Court, Year in Review Column

Supreme Court shook up patent venue in 2017

Dec. 4, 2017
By David Lisson, Serge A. Voronov

Earlier this year, the U.S. Supreme Court made clear that venue in patent cases based on where a corporation "resides" is limi...


Administrative/Regulatory, Antitrust & Trade Reg., Corporate, Government, Mergers & Acquisitions

DOJ's lawsuit to halt AT&T-Time Warner deal is the right thing to do

Dec. 4, 2017
By Warren Grimes, Christopher Sagers

The Justice Department's lawsuit is wise and courageous; it is a bold step to protect competition and consumers -- the primary...


Tax

Taxes are a royal pain, even for royalty

Dec. 4, 2017
By Robert W. Wood

tax lawyers are the first to point out that Meghan Markle's U.S. citizenship could cause major tax headaches for Britain's ro...


Administrative/Regulatory, Constitutional Law, Government

The CFPB and the swamp

Dec. 1, 2017
By John C. Eastman

Richard Cordray, the director of the Consumer Finance Protection Bureau whose tenure was marked by one constitutional controve...


9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, Criminal, U.S. Supreme Court

Courts clearing up police liability, immunity

Dec. 1, 2017
By Robert L. Bastian Jr.

There are encouraging signs that both state and federal appellate courts are addressing distorted interpretations of statutory...


California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court

Issues with biometrics: Here’s looking at you, Fed

Dec. 1, 2017
By Jason S. Leiderman

The iPhone X's facial recognition feature sure is cool. But what will it mean when it comes to your privacy, Fifth Amendment a...


9th U.S. Circuit Court of Appeals, Civil Rights, Judges and Judiciary, Obituaries

The Real Mayor of Los Angeles

Dec. 1, 2017
By Christopher David Ruiz Cameron

The Real Mayor of Los Angeles passed away this week. Like the elected mayor who actually keeps an office in City Hall, this un...


9th U.S. Circuit Court of Appeals, Civil Rights, Judges and Judiciary, Obituaries

Judge Harry Pregerson was a Prince

Dec. 1, 2017
By Julie A. Werner-Simon

In just the last few days, one charmed Prince Harry has gotten engaged and another Prince Harry has left us.


Ethics/Professional Responsibility, Law Office Management, Law Practice

Five tips for effective billing and collection as the year comes to a close

Dec. 1, 2017
By Shari L. Klevens, Alanna G. Clair

For all of the effort that goes into providing legal services, far too many attorneys take an informal, anything-goes approach...


Alternative Dispute Resolution, Judges and Judiciary, Civil Litigation

Keyword mediation helps expedite e-discovery

Dec. 1, 2017
By Daniel B. Garrie, Gail A. Andler

This alternative can benefit both parties, as well as the court, because a mediator can expedite an agreement in a technically...


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

Ripeness: the ghost of takings' past

Nov. 30, 2017
By Michael M. Berger

As it is that Dickensian time of year, it seems appropriate to once again review the ghostly presence of the ripeness doctrine...


Administrative/Regulatory, Construction, Government

In a decision last year, the Court of Appeal erred in concluding that it would be "illogical" to uphold a law requiring new fi...


Corporate, Intellectual Property, Civil Litigation, U.S. Supreme Court

The high court heard arguments on Monday to consider the constitutionality of administrative proceedings that revoke issued pa...


9th U.S. Circuit Court of Appeals, Corporate, Labor/Employment, Tax

Now that the 9th Circuit allows tax gross ups, will this spill over into other cases beyond Title VII?


Appellate Practice, California Courts of Appeal, Ethics/Professional Responsibility, Law Practice

The dangers of attorney disqualification motions

Nov. 30, 2017
By Matthew S. Kahn

Despite its holding, the Court of Appeal's decision (as well as the trial court's order) serves as a reminder that courts take...


California Supreme Court, Constitutional Law, U.S. Supreme Court, Year in Review Column

Property rights hit by high courts

Nov. 29, 2017
By Basil S. Shiber, Karl E. Geier

Like a lobster in slowly warming water, only in retrospect does the magnitude of the loss appear.


Civil Rights, Constitutional Law, Civil Litigation, Year in Review Column

Anonymity is as fragile as a glass door

Nov. 29, 2017
By Andres Hurwitz, Debra Garfinkle

New industries often lead to new legal issues, and the anonymous internet review industry represented by Glassdoor and Yelp wa...


Civil Rights, Labor/Employment

Sexual harassment in closed, quasi-closed systems

Nov. 29, 2017
By Hannah Brenner, Kathleen Darcy

The recent outpouring of impassioned stories suggests that we are entering a new era in which these transgressions are being t...


Corporate, Securities

The rapid rise of initial coin offerings has caused directors and officers of corporations with stockholders who are not offic...


Administrative/Regulatory, Corporate

With release of the new regulations this month, cities and counties can now get a glimpse of what a regulated cannabis industr...


9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, U.S. Supreme Court

A federal lawsuit filed in the Southern District of California provided a key link in the evolutionary chain of school desegre...


Administrative/Regulatory, Government, Labor/Employment

During the shooting last month, four off-duty deputies from the Orange County Sheriff's Department bravely jumped into action ...


California Courts of Appeal, Law Practice

When is a demand letter considered just a 'bluff'?

Nov. 28, 2017
By Edwin F. McPherson

Several questions come to mind as a result of this case: How is it to be determined if a demand letter is a just "bluff," or t...