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


Environmental & Energy, Government

States are riding the coattails of federal govt. environment policies

Dec. 27, 2022
By McGregor Scott, Oliver Thoma

After two years of federal-state environmental justice initiatives, are state attorneys generals letting the feds do all the w...


Entertainment & Sports

Stream it Tonight! Philadelphia (1993)

Dec. 23, 2022
By Paul Bergman, Michael Asimow

Under the movie industry’s censorship code, which remained in effect from 1934 to 1968, homosexuality was a subject that didn’...


Appellate Practice, Law Practice, Technology

For the skeptics out there, AI’s impact on the legal industry is relatively nascent.


Appellate Practice, Law Practice

Staying in touch with your client on a monthly basis reduces the chance that you will lose contact with the client, increases ...


Appellate Practice, Law Practice

Tips for drafting a civil complaint

Dec. 22, 2022
By Anne Schneider

Research federal, state and local rules to determine if there are any specific requirements you must adhere to in drafting you...


Litigation & Arbitration

Successful mediation is a two-way street

Dec. 22, 2022
By Angela Reddock-Wright

Attorneys are expected to get a “win” for the client and must be seen as taking a strong stand on their behalf. This is laudab...


Appellate Practice, Ethics/Professional Responsibility, Law Practice

Reporting lawyer misconduct is just good business

Dec. 22, 2022
By Arash Homampour

The harsh reality is that if one of our peers crosses a line, we generally turn a blind eye, many times for fear of reprisal.


Letters

Meaningful jury selection must be protected

Dec. 22, 2022
By Bruce M. Brusavich


Administrative/Regulatory

Amendments to California franchise laws in the New Year

Dec. 22, 2022
By Barry Kurtz, Matthew J. Soroky

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


The right to control theory may soon be history, but Ciminelli probably won't produce a single, unified guideline restr...


Intellectual Property

Voluntary cessation doctrine in trademark cases

Dec. 21, 2022
By David Martinez, Tommy H. Du

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


Ethics/Professional Responsibility, Law Practice

2022 in Review: Cases Involving Lawyers

Dec. 21, 2022
By Alex A. Graft, Kenneth C. Feldman

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


Appellate Practice, Law Practice

Powerful legal communication

Dec. 21, 2022
By Reza Torkzadeh, Allen P. Wilkinson

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


U.S. Supreme Court

The Supreme Court in 2022

Dec. 21, 2022
By Erwin Chemerinsky

Rarely in American history has the Supreme Court ever taken a right away, but 2022 taught us that precedent matters little in ...


Law Practice

Persuasion Science for Legal Writers

Dec. 20, 2022
By John P. Blumberg

Persuasive writers must use the same techniques as their trial lawyer counterparts who employ persuasion science to increase t...


Immigration

Save our economy with sensible immigration reform

Dec. 20, 2022
By Eli M. Kantor

Even though employers have raised wages and offered signing bonuses, there are still help wanted signs in almost every store a...


Consumer Law

Mini-TCPAs in full swing

Dec. 20, 2022
By Alexis Buese, Melanie Senosiain

These so called “mini-TCPA” statutes affect businesses looking to electronically solicit customers in those states – even if y...


9th U.S. Circuit Court of Appeals

Judge William A. Fletcher, one of the judges in the original 2-1 panel majority upholding AB 51, switched sides on Appellant’s...


Labor/Employment, Tax

Phasing out the bonus depreciation tax break

Dec. 19, 2022
By Phil Jelsma

Going forward, although bonus depreciation is the first of the tax benefits being reduced or phased out, it is by no means the...


Government

The Welfare War - Part Three

Dec. 19, 2022
By Myron Moskovitz

I thought I could persuade a Sutter County jury of conservative farmers to acquit a welfare recipient with the right ap...


Appellate Practice, Law Practice

Trial tips for direct and cross-examination

Dec. 19, 2022
By Dan L. Stanford

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


Ethics/Professional Responsibility

The benefits of “on lien” compensation models in PI cases

Dec. 19, 2022
By Matt Zar, Survam Patel

Directly bankrolling a client's funds will raise the ire of defense counsel and compromise a client's case. It can also raise ...


Appellate Practice, Law Practice

Legal Writing Fundamentals

Dec. 19, 2022
By Anne Schneider

The IRAC formula is one surefire promise of success in litigation.


Labor/Employment

The clock is ticking on rounding

Dec. 16, 2022
By Michael D. Singer

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


Appellate Practice, Law Practice

Leading questions and cause challenges

Dec. 16, 2022
By Lawrence P. Riff

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


Environmental & Energy

Modernizing water law won’t be easy

Dec. 16, 2022
By Eric L. Garner

If you like practicing in an area of law where you can go to a book and look up the answer, don’t become a water lawyer in Cal...


Appellate Practice, Law Practice, Guide to Legal Writing

Bah Humbug

Dec. 16, 2022
By Brian M. Hoffstadt

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


Data Privacy, Technology

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


Labor/Employment

A holiday wish list of potential employment law changes for 2023

MCLE
Dec. 15, 2022
By Michael S. Kalt, Lois M. Kosch

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


Technology, U.S. Supreme Court

Gonzalez v. Google and tech platforms' liability

Dec. 15, 2022
By Erik Olson, Raven Quesenberry

One Supreme Court case could change the Internet as we know it