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


Judges and Judiciary

The role of the robed

Nov. 3, 2022
By David Rosenberg

For better or ill, we have an adversary system in our courts and so Judges deal with conflicts every day. And the public is wa...


Litigation & Arbitration

Failure to pay arbitration invoice can lead to trial, penalties

Nov. 3, 2022
By Kerry Garvis Wright, Emma Samyan

Until the Legislature amends the statute, employers must be vigilant and timely pay all arbitration invoices


Letters, State Bar & Bar Associations


Family

How to analyze a move-away case in family court

MCLE
Nov. 2, 2022
By Anne K. Richardson

Decisions regarding where children should live when one parent proposes to move away have caused substantial angst to parents,...


Government, Tax

Congress could pass legislation to curb self-dealing abuses by future presidents, but it’s unlikely.


Entertainment & Sports, Government

Protecting the game and the children playing it

Nov. 2, 2022
By Austin G. Ward

Between 1982 and 2013, approximately 800 cases of high-school-level, sport-related deaths were documented in the United States.


The police must be empowered with the freedom to protect the community, not be called “racist” and “gang members” by the very ...


Banking, Tax, U.S. Supreme Court

A Bitt[n]er pill to swallow

Nov. 1, 2022
By Robert E. Dugdale, Daniel Barlava

Supreme Court to consider method of calculating tax penalties for non-willful FBAR errors


Government, Labor/Employment

Plaintiff’s attorneys will be integral in the enforcement of the FAST Recovery Act and should be encouraged to take on such ca...


Appellate Practice, Law Practice

Dead party, dead appeal

Nov. 1, 2022
By Benjamin G. Shatz, Benjamin E. Strauss

The Grim Reaper visits everyone, including litigants and lawyers, and rarely at a convenient time. If those left behind are no...


Government

Beware of elected officials proposing recall reforms

Nov. 1, 2022
By David A. Carrillo, Joshua Spivak

Automatic replacement doesn’t make recalls any cheaper – elections officials still need to hold the recall special election. I...


Probate, Tax

Trust litigation lawyers should not be hesitant to contact the estate planner or tax accountant associated with the estate’s s...


Government

Measure A and sheriff accountability in LA County

Oct. 31, 2022
By Andrés Dae Keun Kwon

L.A. County will not be the first county in the state to take this important step to create a system of local government check...


Tax

California has passed two laws that will shield many wildfire victims from having to pay a state tax on their fire legal settl...


Entertainment & Sports

Stream it Tonight! Evelyn (2002)

Oct. 28, 2022
By Michael Asimow, Paul Bergman

Though Ireland has a written constitution, the judges are steeped in the British tradition of parliamentary supremacy. Will th...


Appellate Practice, Law Practice

Pro Bono Week 2022 – law in everyday life

Oct. 28, 2022
By Allison L. Wang

At its heart, the celebration is an opportunity to connect the pro bono community across the nation by showcasing the incredib...


Labor/Employment, Litigation & Arbitration, U.S. Supreme Court

The Supreme Court's decisions about airplane cargo loaders and in-state delivery drivers undermine the Ninth Circuit's interpr...


Antitrust & Trade Reg., Securities

Financial fraud is becoming a cost of doing business, with no real repercussion other than monetary loss to a defendant that c...


Constitutional Law, Labor/Employment, U.S. Supreme Court

Get the Door. It’s Intrastate Delivery

Oct. 27, 2022
By Jared W. Slater

Intrastate movement of the new good, created in-state, is not the same good that came from out-of-state.


Banking, U.S. Supreme Court

Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...


Litigation & Arbitration

If the purpose of 998 offers is to facilitate settlement by disincentivizing plaintiffs to proceed to trial in the face of rea...


If victims of sexual assault avert further harm by making their stories public, the same should be true for minorities and the...


Litigation & Arbitration

Staying litigation while an order denying arbitration is appealed

Oct. 26, 2022
By Gary A. Watt, Patrick Burns

The United States Supreme Court may soon decide whether appeals from orders denying arbitration automatically stay liti...


Banking, Government, Tax

Bittner - another illegal money grab

Oct. 26, 2022
By Nina Marino

Creating a distinction in Section 5314 between the reporting form and the reporting itself is nothing more than a creative dis...


Labor/Employment

Inclusive and unbiased job postings

Oct. 26, 2022
By Areta K. Guthrey

Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...


Intellectual Property, Technology

The claims in Hanagami involved a registered copyrighted work, which allowed the Court to dismiss the claims after enga...


Criminal, Judges and Judiciary

“Reforms” have resulted in weakened criminal accountability and a revolving door of justice – the perfect formula for increasi...


Banking, U.S. Supreme Court

Bank Secrecy Act exposes failure of Congress in articulating its intent

Oct. 25, 2022
By Ariel A. Neuman, Alexander H. Tran

The circuit split that must be resolved in Bittner - with the Ninth and Fifth Circuits offering competing but both argu...


Civil Litigation

Cancer and the law

Oct. 24, 2022
By Shelly Rosenfeld

Someone with cancer often faces unexpected challenges, and though they might not need a lawyer, they may need to know their ri...


Judges and Judiciary

California gave courts $30 million this year to hire reporters for family and civil courtrooms. LASC received $9 million, but ...