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


Civil Litigation

Civil Jury Instructions: Genesis and Evolution

MCLE
Mar. 9, 2022
By Panda L. Kroll

While litigants accept the inevitability of pretrial arguments over jury instructions, the process by which these instructions...


Government, Labor/Employment

‘Made in America’ should mean ‘Made with Dignity’

Mar. 9, 2022
By Maria Elena Durazo, Teddy Kapur

We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.


The House Select Committee continues to investigate the causes that contributed to the violence at the Capitol on January 6, 2...


Insurance

Businesses around the world are facing substantial financial impact from Russia’s invasion of — or war against — Ukraine. The ...


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

Against the backdrop of the LGBTQ equal rights legal movement over the last half century, a case the U.S. Supreme Court agreed...


Criminal, Government

Heads in the (silicon) sand

Mar. 8, 2022
By Eric Siddall

Ignoring front-line employee concerns backfired for Elizabeth Holmes. How is it working for America’s most notorious progressi...


Constitutional Law, Government, U.S. Supreme Court

Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.


Law Practice

New attorneys: The key to regular referrals

Mar. 8, 2022
By James D. Crosby

There’s a reason more senior attorneys rely on referrals for business development: It’s one of the profession’s surefire ways ...


California Courts of Appeal, Civil Litigation, Construction

For the roadway contractor, it appeared to be an open-and-shut case due to an admission of liability. But that wasn’t how the ...


Legal Education

There is a speedier solution that might be the ticket — one that few will probably embrace but most can live with (aka a good ...


Judges and Judiciary, Letters

In three years, the governor’s appointment rate of people with disabilities is less than 1%. It is also my understanding that ...


Administrative/Regulatory, U.S. Supreme Court

In a case that asks whether the federal Controlled Substances Act preempts certain state workers’ compensation law, the U.S. S...


Intellectual Property, U.S. Supreme Court

In a ruling at the end of Febraury, the U.S. Supreme Court took another step down the road of relaxing the formalities claiman...


Civil Litigation, Law Practice, Securities

As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...


Appellate Practice, Law Practice

Fighting for a ‘turnaround’

Mar. 7, 2022
By Myron Moskovitz

I’ve watched lots of lawyers argue appeals — usually while waiting my turn at the bottom of an oral argument calendar. Most do...


Judges and Judiciary, Law Practice

Biased about being biased

Mar. 7, 2022
By Arthur Gilbert

While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...


Judges and Judiciary, Law Practice

Ready for trial? Think again.

Mar. 4, 2022
By Scott J. Nord

With the lack of court appearances and trials, rustiness in daily practice and trial procedures crept in.


Alternative Dispute Resolution, Labor/Employment

“Apology, forgiveness and reconciliation” is a powerful concept in dispute resolution; however, it is rarely explored in emplo...


Criminal, Government

They were elected to enforce laws, not write them

Mar. 4, 2022
By Eugene M. Hyman

The people elected legislators to write their laws; they elected members of the executive branch to enforce them. They’re welc...


Criminal, Government, Labor/Employment

State misses deadline for peace officer bias screening rules

Mar. 3, 2022
By Geoffrey S. Sheldon, Paul D. Knothe

Effective January 1, 2021, Assembly Bill 846 amended California Government Code Section 1031 to require that candidates for jo...


Alternative Dispute Resolution, Law Practice

It seems to have first shown its face in 1953 and, as the great poet said, “not with a bang, but a whimper” — a federal appeal...


Civil Litigation, Government, International Law

The gun cultures in the U.S. and Mexico could not be more different. U.S. citizens enjoy a robust constitutional right to gun ...


Criminal, Labor/Employment, Military Law

What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?


Ethics/Professional Responsibility, Law Practice

Remember ethical obligations when talking to the media

Mar. 2, 2022
By Shari L. Klevens, Alanna G. Clair

Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...


Family, Law Practice, Probate

AB 1194: California’s new conservatorship legislation

Mar. 2, 2022
By Catherine M. Swafford

This new legislation is meant to address conservatorship abuse — but some believe it goes too far, while others believe it doe...


Entertainment & Sports, Law Practice

Stream It Tonight! ‘Adam’s Rib’ (1949)

Mar. 2, 2022
By Paul Bergman, Michael Asimow

Why watch? A dramedy makes a powerful argument for gender equality two decades before the “Women’s Liberation” movement.


Government, Law Practice

How Baja California remained part of Mexico

Mar. 1, 2022
By John S. Caragozian

When the Mexican-American War’s military battles ended, the U.S. wanted to annex all of California, including Baja, but the ev...


Civil Litigation, Insurance

An insurer’s duty to investigate

MCLE
Mar. 1, 2022
By Kirk A. Pasich

As the California Supreme Court has made clear, an insurer cannot reasonably and in good faith deny payments to its insured wi...


Civil Litigation, Entertainment & Sports, Intellectual Property

A 9th Circuit decision has renewed focus on copyright protection for public performances of pre-1972 sound recordings.


Appellate Practice, Law Practice

Sci-Fi Lit(igation)

Mar. 1, 2022
By Benjamin G. Shatz

This month we'll delve a little deeper and reiterate the theme that lawyers really do get to boldly go.