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


California Courts of Appeal, Civil Litigation

Vitatech's holding is a stark reminder that such a provision may be an impermissible penalty that will not be enforced.


Civil Rights, Criminal, Government

A bail reform time warp

Nov. 13, 2017
By Eric Siddall

Bail reform advocates are in a time warp. Their portrayals of the criminal justice system resemble Charles Dickens's England m...


Appellate Practice, Civil Litigation, U.S. Supreme Court

First high court ruling considers appeals deadlines

Nov. 13, 2017
By Alana H. Rotter

What happens when the district court attempts to grant an extension beyond the 30-day limit? The U.S. Supreme Court recently s...


Civil Litigation

A member of your community hosts a celebration at his house, where alcohol is served. Someone consumes alcohol at the event, a...


Tax

Paradise Papers, tax havens and disclosure

Nov. 13, 2017
By Robert W. Wood

It will hardly be paradise to those whose names and details are being teased out of the morass. The leak contains a massive 13...


Administrative/Regulatory, Corporate, Labor/Employment, Civil Litigation

Did DNAinfo/Gothamist shutdown require WARNing?

Nov. 13, 2017
By David T. Van Pelt

The decision by billionaire tech mogul Joe Ricketts to shut down the news sites, which operated the popular LAist and SFist si...


Alternative Dispute Resolution, Civil Litigation

Why compromise?

Nov. 13, 2017
By Joan B. Kessler, Sarah J. Holley

When disputes arise, particularly those with significant emotional issues, parties may want to be vindicated and teach the oth...


Civil Rights, Letters, Civil Litigation

Outlaw all confidential settlement agreements

Nov. 13, 2017
By Robin Yeamans

Thanks for the Nov. 3 guest column titled "Secrets protect the powerful." All confidential settlement agreements should be out...


Administrative/Regulatory, Civil Rights, Government, Military Law

New law is tough on homeless veterans

Nov. 10, 2017
By Jesse Creed, Melissa Tyner

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...


Government, U.S. Supreme Court

James A. Garfield, Esq: Right Off the Bat

Nov. 10, 2017
By James Attridge

No rookie ever had a debut as impressive as our 20th president, James A. Garfield, who made his very first legal appearance at...


Ethics/Professional Responsibility

Understanding what constitutes legal malpractice

Nov. 10, 2017
By Shari L. Klevens, Alanna G. Clair

The risk of a legal malpractice claim may seem like an inescapable reality of practicing law. After all, attorneys are human a...


Alternative Dispute Resolution, California Supreme Court, Civil Litigation, U.S. Supreme Court

The ever-expanding Federal Arbitration Act

Nov. 10, 2017
By Lawrence Waddington

Ever since Congress enacted the Federal Arbitration Act in 1925 the U.S. Supreme Court has repeatedly expanded the scope of th...


Administrative/Regulatory, Family, Native Americans

Critics distort Indian child welfare law

Nov. 9, 2017
By Jedd Parr, Delia Sharpe

While the Indian Child Welfare Act has its detractors, numerous national child welfare organizations tout it as the "gold stan...


9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation

Rulings clears up attorney fees in ERISA cases

Nov. 9, 2017
By Robert J. McKennon, Stephanie L. Talavera

A 9th Circuit opinion resolved any lingering questions regarding the scope of conduct considered in awarding attorney fees fo...


Administrative/Regulatory, Government, Intellectual Property

Patents in the cannabis industry

Nov. 9, 2017
By Dan Callaway, Ryan Lowther

Although cannabis remains a Schedule I drug under federal law, the U.S. Patent Office is issuing utility patents and plant pat...


Administrative/Regulatory, Insurance

Federal crop insurance programs may not be accessible due to the federal prohibition on growing cannabis, but that does not me...


Entertainment & Sports, Intellectual Property, Civil Litigation

Case may provide guidance on publicity rights

Nov. 9, 2017
By Delia Ramirez

Olivia de Havilland, of "Gone with the Wind" fame, is not happy with her portrayal in the FX TV show, "Feud."


Government, Tax

One of the more controversial provisions in the proposed tax bill is the elimination of the state income tax deduction.


Administrative/Regulatory, Government

The basics of many state laws governing elections are surprisingly unknown. Here are the top seven things every California law...


Civil Rights, Corporate, Labor/Employment, Civil Litigation

Why does sexual harassment persist?

Nov. 9, 2017
By Frank Pray

We can excoriate the offenders in the news, strip them of their careers, reduce them to confessional supplicants, but the dark...


California Supreme Court, Government, Labor/Employment

The looming pension crisis

Nov. 8, 2017
By Daniel Grunfeld

If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Corporate, Transportation

This past summer, Tesla accomplished the unimaginable: It became the most valuable car company in the nation, surpassing both ...


Government, Tax

Last week, Republicans delivered a comprehensive tax bill that offers, among other things, a permanent corporate tax cut.


Constitutional Law

The right to be forgotten in the US

Nov. 7, 2017
By Kevin L. Vick

In recent years, the "right to be forgotten" has jumped from the cloistered world of law reviews to the front pages of newspap...


In 2015, the U.S. Army convened an "Article 32 hearing" to determine what if any charges should be brought against Sgt. Bowe B...


California Courts of Appeal, Construction

When the Right to Repair Act applies to suppliers

Nov. 7, 2017
By Garret D. Murai

A recent Court of Appeal decision examines the circumstances in which homeowners can sue a material supplier under the Right t...


Hollywood needs to start acting

Nov. 7, 2017
By Phillip R. Maltin

Aside from the "soft" changes, to things like culture and training, Hollywood must address the tough problem of how to erect r...


Letters, Civil Litigation

Settlement agreement talk ignores state law

Nov. 7, 2017
By Anthony J. Oncidi

I'm surprised so little has been said or written about California Code of Civil Procedure Section 1002.


Banking, Tax

It is an understatement to say that bitcoin and other digital currencies have taken the world by storm. Some of the valuation ...


Judges and Judiciary

Brief encounter

Nov. 6, 2017
By Arthur Gilbert

On an unacceptable phenomenon and a brief encounter in the air.