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


Administrative/Regulatory

What your foreign national client needs to know about visas

Sep. 28, 2023
By Greg Berk, Christine Doyle

Foreign national clients are often confused about their visa options and durations for staying in the U.S., with some cases su...


Administrative/Regulatory

From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...


Securities, Administrative/Regulatory

New SEC rules create industry chaos

MCLE
Sep. 28, 2023
By Sara L. Terheggen

While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...


Ethics/Professional Responsibility

As California lawyers, we are actually assisted by our status as the last holdout state to adopt some version of ABA rule 8.3 ...


Ethics/Professional Responsibility

Civility should not be the exception

Sep. 28, 2023
By Arash Homampour

How the annual civility oath will be taken and documented is not entirely clear, but the simple recitation of words once a yea...


Intellectual Property, Administrative/Regulatory

The Google case is historically significant as the first major antitrust challenge against a tech company in over two decades,...


Entertainment & Sports, Contracts

Oppressive examples of college athletes signing away lifetime rights for deals now may not provide the long-term benefits they...


Torts/Personal Injury

Airport noise is back in the news

Sep. 27, 2023
By Michael M. Berger

One of the classic things that courts have used to restart any limitations period has been the level of noise produced. That i...


Tax, Labor/Employment

Employee retention credits prompt IRS audits

Sep. 27, 2023
By Robert W. Wood

Though there are plenty of legitimate ERC claims, there have been fraudulent ones too. As a result, businesses that legitimate...


Antitrust & Trade Reg.

It simply does not make sense or constitute sound public policy that anticompetitive agreements and conduct involving “combina...


Intellectual Property, Civil Procedure, 9th U.S. Circuit Court of Appeals

The court appears to be willing to exercise personal jurisdiction based on a defendant’s prior operations and activities in a ...


Data Privacy, Administrative/Regulatory

In recent years, the CFPB and FTC have taken aggressive enforcement actions against debt relief companies, putting the credit ...


Administrative/Regulatory

If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...


The question arises whether universities should provide warnings about potential liability alongside their legally mandated st...


Land Use, Environmental & Energy, Administrative/Regulatory

Social noise is not an environmental impact

Sep. 26, 2023
By Brandon Kline

Thanks to Assembly Bill 1307, UC Berkeley’s student housing initiative, and similar projects that faced public scrutiny, can p...


Torts/Personal Injury

Everything is “inherent” when understanding a public entity’s duty to warn for hazardous recreational activities. Several rece...


Guide to Legal Writing

13 essential principles for advanced legal writers

Sep. 25, 2023
By Steven B. Katz

If you can, banish the fact section completely and discuss pertinent facts in the proper level of detail in the argument. Orga...


Government, Constitutional Law

Senate Bill 2 eliminates the good cause requirement for the issuance of said permit to carry, and whose counterpart version in...


Administrative/Regulatory

Wronged investors may struggle to recover their losses as government agencies primarily focus on prosecuting wrongdoers rather...


Alternative Dispute Resolution

The hybrid mediation format is evolving as the hybrid setting becomes more common.


Technology, Alternative Dispute Resolution

Revolutionizing Dispute Resolution

Sep. 22, 2023
By David B. Coher, Jeffery Daar

Recent years have witnessed a rapid transformation in how disputes are mediated and arbitrated, with new technologies and othe...


Technology

The lowdown on AI (not written by AI, just I)

Sep. 22, 2023
By Relani Belous

It is likely that a human without AI may be swapped out for one with it.


Law Practice

Three key components to a healthy law firm

Sep. 22, 2023
By Corey Castillo, Joshua Driskell

When it comes to fostering a healthy firm culture, it’s all about supporting favorable behaviors that not only support today’s...


Civil Litigation

Music’s biggest star can teach some lessons to the defense bar.


Technology, Law Practice

As advisors, attorneys can help organizations identify what laws apply based on the nature of the data involved, what AI polic...


Revised in 2023, Family Code 6344 allows a family court to order attorney’s fees in favor of the prevailing party in a domesti...


Administrative/Regulatory

A litigious first half of the year for the False Claims Act

Sep. 21, 2023
By James L. Zelenay Jr., José E. Madrid

Unique to the FCA's structure is the right of private citizens - often referred to as "relators" or "whistleblowers" - to purs...


Technology, Civil Litigation

There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury a...


Government, Administrative/Regulatory

The Government Transparency Act is good medicine

Sep. 21, 2023
By Jerry Flanagan, Ryan Mellino

Resistance to disclosure sometimes coincides with investigations into malfeasance by public officials. Often, resistance to di...


Data Privacy, Administrative/Regulatory

New SEC rules may have prompted MGM Resorts’ next day report of expected millions in losses from ongoing cyberattack.