Mediations are rarely smooth sailing, and sometimes one side may appear incapable of moving toward the middle. Here are five s...
As Hunter Biden and his legal team mount a defense against nine counts of failing to file and pay taxes, tax evasion, and fili...
Civil Rights
Reverse discrimination analysis is likely to face a historical shift
By Carol Gillam, Sara Heum
In light of the recent decision under Students for Fair Admissions, Inc. v. President and Fellows of Harvard College an...
California Gov. Gavin Newsom has publicly referred to the state’s treatment of its native population as genocide, and Presiden...
Letters
Some superior court judges prefer the California Style Manual
By Helen E. Williams
Ascertain the preferences of the particular judge or court to whom your brief will be submitted prior to deciding whether to u...
Ethics/Professional Responsibility
Should arbitrators and mediators attend law firm Christmas parties?
By Jeff Kichaven
The answer? No. This coal-in-the-stocking advice grows out of Formal Opinion 2023-024 of the California Supreme Court Committe...
Guide to Legal Writing, Appellate Practice
Throwing the book at improper citations
By Zareh Jaltorossian
Most appellate lawyers have some writing pet peeve, but there is one failing deserving of universal condemnation! No, not usin...
Contracts
A rural water district, arsenic-laden drinking water, and a story you can’t make up
By Garret D. Murai
A rather bland legal decision - a local agency's violation of Public Contract Code section 20104.50(b) gives rise to a remedy ...
Labor/Employment, Contracts
Lessons learned when a termination goes sideways
By Leonid M. Zilberman
Sam Altman’s termination (and reinstatement) as CEO of OpenAI is a case study in the perils of “at-will” employment and avoidi...
In these hyperpartisan times there's a temptation to criticize censorship only when exercised by the opposite political party....
Many attorneys see appellate judges as ATM’s in black robes. Just insert the precedent, type in a few facts, apply the precede...
U.S. Supreme Court, Alternative Dispute Resolution
PAGA: What’s gone, what’s left, and what’s next
By David D. Bibiyan
A year and-a-half after the Supreme Court of the United States sent shockwaves with its Viking River Opinion, we do kno...
Evidence, Civil Litigation
Creative expression and Lady Justice
By Gary A. Watt, Stella Padilla
The iconic image of the blindfolded lady represents the promise of unbiased administration of justice. That promise has never ...
Intellectual Property
Considerations for international brand expansion – beware of pirates!
By Elizabeth J. Rest
In first-to-file jurisdictions, so-called “trademark pirates” often race to the Trademark Office to file applications for exis...
If the First Amendment will not protect us, then our reaction to the Congressional testimony, the withdrawing of funding to un...
Technology, Evidence
Roadmap to courts’ review and acceptance of AI-generated evidence
By Laura Lin, Rachel June-Graber
To determine how courts are likely to consider AI-generated evidence, the evolution of the use of Wikipedia in judicial opinio...
Letters
Charles T. Munger’s impact on the Daily Journal lives on
The news coverage after Charlie’s passing gives me an appreciation of what a class-act he was.
Ediscovery, Civil Litigation
The civil litigation process will soon be fairer
By Arash Homampour
The recent mandate for comprehensive initial disclosures aligns California with the FRCP, compelling parties to provide a comp...
Intellectual Property
The how-tos of trying a patent case
By Raquel F. Dachner, David R. Flyer
Before taking on a patent case as a Plaintiff, you must first compare your client’s patent to the accused product. Do any of t...
Labor/Employment
The future of DEI: making employment initiatives effective
By Philip I. Person, Matthew J. Weber
The true value of DEI programs is the improved employee experience, which generally translates into company success.
Civil Rights
8th Circuit’s election-year case on race, politics, and voting rights
By Michael A. Columbo, Karin Sweigart
NAACP stands at the combustible crossroads of race, law, and elections, with some lauding it as a well-founded correcti...
A brief that demonstrates that the lawyers have prepared their case such that they will be able to present it to a jury in a <...
State Bar & Bar Associations
A history of discrimination and progress within California's bar associations
By John S. Caragozian
In 1950, the membership of the Los Angeles County Bar Association voted to admit all lawyers, regardless of race or color. Som...
Civil Litigation
‘High frequency litigants’ in the ADA realm have gone suddenly silent
By Richard A. MacBride
In recent years, there was an explosion in the number of ADA access cases in California filed by just a few individuals and la...
Technology
AI is the new kid in town, but use caution
By Reza Torkzadeh, Allen P. Wilkinson
With AI, the legal profession is currently undergoing its most substantial and significant metamorphosis since the first lawye...
Judicial review is well-rooted in American political tradition. But so are checks and balances. The president and Congress can...
Each New Year’s we believe in our own capacity to change. Prisoners deserve the same second chance.
Criminal
The race is on for LA County DA – and in greater numbers
By James R. Bozajian
Though older records are sparse, it might well be that there have never been so many people taking on an incumbent for a Los A...
Litigation & Arbitration, Evidence
A party’s duty to preserve evidence arises when litigation is ‘reasonably anticipated’
By Andrew P. Owen
The Victor Valley court began with well understood principles of how impactful evidence destruction could be on "fairne...
Litigation & Arbitration
How to navigate the complexities of non-disparagement clauses
By Douglas L. Johnson, Daniel B. Lifschitz
Although non-disparagement clauses are currently under a magnifying glass due to their historical potential for abuse, they re...