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


Law Practice, Appellate Practice

Mistrials and Good Cause to Excuse Jurors

MCLE
Jul. 25, 2022
By Serena R. Murillo

The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...


Securities

Filing an S-3: Preparing for an open market window

Jul. 25, 2022
By Sara L. Terheggen

A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...


Law Practice, Appellate Practice

Where, as here, the underlying factual context can be abstracted as one or four factual contexts, the analysis bends toward th...


Securities


Entertainment & Sports

Stream it Tonight! Legally Blonde (2001)

Jul. 22, 2022
By Paul Bergman, Michael Asimow

Undoubtedly most viewers will leave this film knowing more about the chemistry of perm maintenance than about the first year o...


Insurance, Health Care & Hospital Law

A welcome return to facts in COVID-19 insurance cases

Jul. 22, 2022
By Rani Gupta, David B. Goodwin

The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....


Law Practice, Corporate, Appellate Practice

Contours of safe harbor defense continue to shift

MCLE
Jul. 22, 2022
By David M. Axelrad

The courts continue to wrestle with the safe harbor defense. There is disagreement whether the safe harbor defense applies to ...


Labor/Employment, Constitutional Law

The opinion did not end up being the panacea for defendants that was touted.


Letters


Tax


Law Practice, International Law, Appellate Practice

Observations of an Irish jury trial

Jul. 21, 2022
By Jon Morse

The defendant was seated in the dock on the opposite wall, facing the jury. It was like having him in a fishbowl where the jur...


Government, Civil Rights

When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...


Judges and Judiciary

Rose Bird was not recalled

Jul. 20, 2022
By David A. Carrillo, Stephen M. Duvernay

Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.


Environmental & Energy

An earlier - and longer - fire season, drought, a strained grid that needs upgrades, inflation and the war in Ukraine will con...


Law Practice, Appellate Practice

Why should I care about empathy?

Jul. 20, 2022
By Robert S. Mann

From the mediator’s perspective, bringing empathy to the mediation process can be a dangerous move, for a variety of reasons.


Tax, Letters

Taxing confidentiality in settlements, another view

Jul. 19, 2022
By Robert W. Wood


Ethics/Professional Responsibility, Discipline, Criminal

Polanski’s Predicament

Jul. 19, 2022
By Louis J. Shapiro

Even with the release of this transcript, a judge will likely still require Polanski to appear in person to allow for sentenci...


Tax, Administrative/Regulatory

IRS sting operations: More common than you think

Jul. 19, 2022
By Bruce Givner, Owen Kaye

The Internal Revenue Service has been conducting sting operations for as long as we have had an Internal Revenue Service. Stin...


Ethics/Professional Responsibility, Discipline, Criminal

I didn’t fully comprehend that complying with these orders made me complicit in the court’s justice-denial, but conversations ...


U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law, California Supreme Court

History is the core of the decision in Dobbs and that court failed to thoroughly examine it, in contrast to California.


Government

An attack on one of us is an attack on all of us

Jul. 18, 2022
By James J. Brosnahan

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...


U.S. Supreme Court, Government

As Americans, where do we go from here?

Jul. 18, 2022
By A. Marco Turk

While individual Justices are expected to have their own views on various constitutional issues, our system of government must...


Constitutional Law

Dobbs was correctly decided

Jul. 18, 2022
By Richard A. Nixon

For 50 years, on the issue of abortion and others, the people were controlled by decisions effected by “13 lawyers in robes” r...


Real Estate/Development, Government

The Rent Control War: Part One

Jul. 18, 2022
By Myron Moskovitz

A series of battles had led to this critical point – with many more skirmishes yet to come. California’s Rent Control War was ...


Labor/Employment

Strategies for increasing board diversity

Jul. 18, 2022
By David A. Bell, Dawn Belt



Law Practice, Government

An attack on one of us is an attack on all of us

Jul. 15, 2022
By James J. Brosnahan

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...


Family, Civil Litigation

Family law, hearsay, and the boundaries of “all relevant evidence”

Jul. 15, 2022
By Dean Hansell, Fielder Jewett

Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...


Law Practice, Appellate Practice

Some clients you might want to pass on

Jul. 15, 2022
By Barry M. Wolf

When a litigant who has lost in the trial court tells you that a win on appeal is certain, run away. If the litigant tells you...


Constitutional Law

Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...