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


Technology, Law Practice

The core of our adversarial approach relies upon the essential groundwork of legal argumentation. Lawyers and legal profession...


State Bar & Bar Associations, Law Practice, Covid Columns

The “diploma privilege” boils down to full faith and credit access to justice for “Us” and no faith and credit for “Them,” mea...


Torts/Personal Injury, Law Practice, Covid Columns

Leveraging alternative dispute resolution procedures to stay afloat during a pandemic


Antitrust & Trade Reg.

The Federal Trade Commission recently issued proposed rules for claiming products are “made” in the USA, and penalties under t...


Environmental & Energy

No more water, and the fire next time?

Sep. 24, 2020
By Gerald George

The current disasters across California, the country, and the world are not the “new normal.” In fact, the magnitude and frequ...


Tax, Labor/Employment, Covid Columns

President Trump’s payroll tax deferral

Sep. 24, 2020
By Maureen Linch

President Trump issued an executive memorandum last month to allow payroll tax deferral for employees in response to the ongoi...


U.S. Supreme Court, Civil Rights

The court will consider whether the ‘arise out of or relate to’ requirement for a state court to exercise specific personal ju...


Insurance, Covid Columns

As recent court decisions have shown, one thing that has not changed is an insurer’s duty to investigate a claim submitted by ...


Constitutional Law, Civil Litigation

From anti-SLAPP issues to providing ‘clear and convincing evidence’ of knowing falsity, the Harvard professor’s defamation cas...


Technology, Constitutional Law

TikTok, WeChat bans on hold due to deal, injunction

Sep. 23, 2020
By Anita Taff-Rice

Trump has now wielded the First Amendment eraser on his presidential pen to outright ban Tiktok and WeChat social media applic...


Technology, International Law, Data Privacy

This month, Facebook announced it is the subject of an inquiry by the Irish Data Protection Commission. The commission had iss...


Law Practice, Criminal, Covid Court Ops, Covid Columns

Upon learning that my client and I were going to be part of the first post-pandemic jury trial in San Francisco, I was nervous...


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

Last week we learned that California Proposition 16 is behind in the polls, with 47% of likely voters inclined to vote no on t...


Insurance, Covid Columns

Numerous state and federal legislative efforts have been launched to provide relief to businesses through their insurance port...


I congratulate the 100 deserving attorneys recognized in the Sept. 16, 2020 supplement to the Daily Journal. I was sorry to se...


Law Practice, Covid Columns, Appellate Practice

10 tips for participating in remote video oral argument

Sep. 22, 2020
By Johanna Schiavoni

As a certified appellate specialist attorney, I’ve argued more than 30 appeals, including (now) arguing remotely by video. The...


Law Practice, Covid Columns, Civil Rights

What will civil jury trials look like?

Sep. 22, 2020
By Samantha P. Jessner

On Oct. 5, the Los Angeles County Superior Court will resume jury trials in some civil matters.


Intellectual Property, Civil Litigation

Fintiv sets forth six factors for the PTAB to consider when determining whether to exercise its discretion under 35 U.S.C. Sec...


U.S. Supreme Court, Government

Will they remember Merrick Garland?


Government, Covid Columns

California seeks to get ahead of pandemic voting issues

Sep. 22, 2020
By Audrey Perry Martin

Presidential elections are always prime battlegrounds for partisan clashes on voting rules. This year, however, a global pand...


Real Estate/Development, Law Practice

The eviction

Sep. 21, 2020
By Myron Moskovitz

A bite of an apple leads to a lawsuit.


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

It is always worth considering appealing from a decision of the hearing department of the State Bar Court.


Labor/Employment

AB 2257: A closer look at the new exemptions to AB 5

Sep. 21, 2020
By Karen L. Corman, Anne Villanueva

AB 2257 provides that the exemptions to AB 5 should be reviewed under the Borello worker classification standard, instead of D...


Entertainment & Sports, Civil Rights

Kaepernick kneeling is still a symbol we need

Sep. 21, 2020
By William W. Bruzzo

I previously commented that NFL fans were hypocritical in claiming to be offended by Colin Kaepernick’s kneeling which they be...


Law Practice, Government

Dissent is not sedition

Sep. 21, 2020
By Michael Montaño

Attorney General Bill Barr encouraged federal prosecutors on a nationwide conference call this month to charge protesters with...


Government, Administrative/Regulatory

A group of scientists and veterans sued the DEA back in May, arguing that the DEA’s legal basis for keeping marijuana classifi...


Government, Constitutional Law

Balancing public employee safety with the First Amendment

Sep. 18, 2020
By Nicole R. Roggeveen

Armando Herman appealed from a workplace violence restraining order imposed on him under Code of Civil Procedure Section 527.8...


Labor/Employment, 9th U.S. Circuit Court of Appeals

New burden-shifting framework for ADA architectural barrier claims

Sep. 18, 2020
By Myra Villamor, Kristina M. Launey

Last week, the 9th Circuit adopted a new burden-shifting framework for summary adjudication of architectural barriers claims b...


Law Practice, Civil Rights

An interview with: Angela P. Harris of UC Davis School of Law

Sep. 18, 2020
By Mallika Kaur, Angela P. Harris

Mallika speaks to a critical race theorist and feminist legal scholar about challenging homogeneity of the profession and acad...


Law Practice, Covid Columns, Alternative Dispute Resolution

The COVID-19 pandemic’s impact on case resolution

Sep. 18, 2020
By Robert B. Freedman

Veteran practitioners will remember a time when getting a case to trial before the expiration of the five-year statute was a f...