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


Corporate, Mergers & Acquisitions, Securities

The process of BEING public

May 24, 2017
By Sara L. Terheggen

The process of "going public," which is really about the process of "being" public, involves four stages, the most important o...


Administrative/Regulatory, Government, Labor/Employment

Concerns about proposed 'utilization scheduling' bill

May 24, 2017
By Kristina M. Launey

Can Assembly Bill 5, the Opportunity to Work Act, fashioned and passed in the Silicon Valley "bubble," serve as a model across...


Judicial Profile

Kent Kellegrew

May 24, 2017
By Arin Mikailian

Ventura County Judge Kent Kellegrew loves his work in civil court 'because it's complicated.'


Corporate, Intellectual Property, U.S. Supreme Court

Justices mulling 'conditional sale' doctrine

May 23, 2017
By Jacob A. Kramer

Many believe the Supreme Court will abolish the conditional sale doctrine in favor of a broader rule of patent exhaustion. If ...


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

The Supreme Court has made many decisions affecting patent law in the last few years. But TC Heartland stands out.


Judges and Judiciary

The end of WWII and the Italian election

May 22, 2017
By Malcolm H. Mackey

Contrary to public opinion, World War II did not end in 1945. Proclamation 2714 declared cessation of all hostilities in World...


California Courts of Appeal, California Supreme Court, Civil Litigation

Character evidence in civil cases

May 22, 2017
By Elia V. Pirozzi

The objective of this article and self-study test is to review basic legal principles affecting the admissibility of character...


Appellate Practice, California Supreme Court, Civil Litigation

Parsing protected activity

May 22, 2017
By Sarah Hofstadter

In its latest anti-SLAPP case, the state high court recently wrestled with whether the statute should apply to all government ...


Judicial Profile

George Lomeli

May 21, 2017
By Arin Mikailian

LA County Judge George Lomeli helps jurors, lawyers keep calm during criminal cases.


Tax

Can you get tax advice on contingency?

May 20, 2017
By Robert W. Wood

Contingency-fee based tax advice and representation, while becoming more common, are the exception, not the norm. ...


Securities

Heightened securities fraud pleading standard

May 20, 2017
By Neal R. Marder, Andrew S. Jick

A recent ruling will likely make it more difficult to allege securities fraud claims based on allegedly false or misleading op...


Insurance, Civil Litigation

Decisions push life insurance class actions into state court

May 20, 2017
By Robert D. Phillips Jr., Samuel Joon Park

The shifting landscape in life insurance class actions has narrowed plaintiffs' pathways to certification.


Law Office Management, Law Practice

Succession planning for (dearly) departed partners

May 19, 2017
By Daniel O'Rielly, Dena Roche

Preparing your law practice for a partner's death or incapacity is a critical component of risk management for partner departu...


California Courts of Appeal, Labor/Employment, U.S. Supreme Court

The U.S. high court has another opportunity to turn around California courts' seeming hostility to arbitration agreements, thi...


Administrative/Regulatory

Protect the open internet

May 19, 2017
By Catherine J.K. Sandoval

FCC Chairman Ajit Pai proposes to repeal rules that would have the effect of allowing internet service providors to engage in ...


California Supreme Court, Labor/Employment, U.S. Supreme Court

The last waltz with the FAA

May 19, 2017
By Steven B. Katz

A U.S. Supreme Court ruling on Monday reemphasizes the notion that its time for California courts stop dancing around the Fede...


Administrative/Regulatory, Environmental & Energy, Government

Today, with climate deniers in charge in Washington, D.C., it is more important than ever for California to stay the course in...


Civil Rights, Judges and Judiciary

Maintain professionalism in depositions

MCLE
May 19, 2017
By J. Randolph Evans, Shari L. Klevens

To avoid the ire of the court and serious sanctions, attorneys taking and defending depositions should conduct themselves as i...


Administrative/Regulatory, Labor/Employment

Local cannabis laws and drug testing pitfalls

May 18, 2017
By Ryan A. McCoy

Amid the constantly shifting tide of laws at the federal, state and local levels, employers must ensure compliance with Califo...


Administrative/Regulatory

Protecting the traveler, and sometimes the travel industry

May 18, 2017
By Laurie E. Sherwood, Sadaf A. Nejat

Until case law addressing the Travel Consumer Restitution Corporation waiver develops, there is no certainty as to how differe...


Administrative/Regulatory, Criminal, Government

Keep feds out of our cannabis business

May 18, 2017
By Reginald Byron Jones-Sawyer, Lynne Lyman

Assembly Bill 1578 would prohibit the federal government from forcing local agencies to assist in enforcing federal marijuana ...


The EU General Data Protection Regulation, which becomes effective next May, is a warning shot fired across the Atlantic -- th...


California Supreme Court, Labor/Employment

Resurrecting the 'spirit' of the 7th day of rest

May 18, 2017
By Wendy Mcguire Coats, Katherine P. Sandberg

With its origins reaching back thousands of years, the history behind this law is richer than you think. ...


Law Practice

Litigation funding won't fuel frivolous suits

May 17, 2017
By Deborah Hensler

Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.


Health Care & Hospital Law, Law Practice, Civil Litigation

Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, t...


Intellectual Property

Implications for prefiling activity under AIA

May 17, 2017
By Abhijit P. Adisesh

As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practi...


Probate, Tax

A recent case demonstrates that, sometimes, the law recognizes equity.


Constitutional Law, U.S. Supreme Court

SEARCH WARS: Return of the Judiciary

May 17, 2017
By Brian M. Hoffstadt

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...


Judicial Profile

Poli Flores Jr.

May 17, 2017
By Arin Mikailian

Superior Court Judge Imperial County (Brawley) ...


California Courts of Appeal, Contracts, Corporate

Contracts may hold up, even if signer had no authority to bind

May 16, 2017
By Iain Mickle, Andrea L. Bacchi

In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agre...