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


Labor/Employment, Covid Columns

SB 1159 extends California’s COVID-19 presumption of compensability

MCLE
Sep. 18, 2020
By Theodore A. Penny, Yvette Davis

On Thrusday, Gov. Gavin Newsom signed Senate Bill 1159, which was passed as the replacement to Newsom’s Executive Order N-62-2...


U.S. Supreme Court, Administrative/Regulatory

The U.S. Supreme Court has been asked to invalidate marijuana’s Schedule I status under the CSA on constitutional grounds.


Constitutional Law, Civil Rights

‘We the People’: 100 years of perspective on the 19th Amendment

Sep. 17, 2020
By Nicole Chollett Bershon, Julie R. F. Gerchik

It is no secret that in 1776, when the Founding Fathers wrote the preamble to the U.S. Constitution, “We the People” did not i...


U.S. Supreme Court, Intellectual Property

Rulings will increase trademark conflicts and expense

Sep. 17, 2020
By Richard L. Kirkpatrick, William P. Atkins

Two decisions this year by the U.S. Supreme Court broaden trademark protection and are bound to increase trademark litigation ...


Technology, Law Practice

Prognostications are that legal micro-directives consisting of proactively distributed real-time snippets of the law will inev...


Tax, Real Estate/Development

Can you count?

MCLE
Sep. 16, 2020
By Guido I. Piotti

A guide to long-term leases, reassessments... and counting


Real Estate/Development, Covid Columns

All branches of California’s government enacted sweeping changes to the eviction process in response to the COVID-19 pandemic....


Mergers & Acquisitions, Corporate

There has been a bevy of special purpose acquisition company initial public offerings in the last three years, resulting in fr...


Government, Banking, Administrative/Regulatory

Assembly Bill 1525 will protect covered financial entities under state law and offer cannabis businesses the option to directl...


Law Practice, Civil Litigation

California’s Code of Civil Procedure enters the 21st century

Sep. 16, 2020
By Amy P. Lally, Joel Richert

But while Senate Bill 1146’s proposed changes to the Code of Civil Procedure are long-overdue and ultimately welcomed, SB 1146...


Civil Litigation, California Courts of Appeal

Until a recent appellate ruling, it appeared that, under California law, if a debtor made a transfer without receiving “reason...


Health Care & Hospital Law, Administrative/Regulatory

EO to ensure drug rebates are passed down to patients

Sep. 15, 2020
By David M. Hoffmeister, Georgia C. Ravitz

President Donald Trump recently issued an executive order for the purpose of ensuring that discounts offered on prescription d...


Government, Environmental & Energy

A handful of notable, environmentally focused bills made it through both houses of the California Legislature and are now wait...


Constitutional Law

I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The C...


Securities, Civil Litigation

California court enforces federal forum charter provision

Sep. 15, 2020
By Peter B. Morrison, Virginia F. Milstead

A California superior court recently held that a provision in a Delaware corporation’s articles of incorporation requiring sto...


Government, Banking, Administrative/Regulatory

CFPB, California style

Sep. 15, 2020
By Nancy R. Thomas

California is the latest state to adopt its own mini-Consumer Financial Protection Bureau. Under the new regime, we will get a...


Insurance, 9th U.S. Circuit Court of Appeals

On Monday, the 9th Circuit issued an opinion deciding an issue of first impression on a significant insurance issue: “[W]hen, ...


Law Practice, Judges and Judiciary, California Courts of Appeal

On the other hand...

Sep. 14, 2020
By Arthur Gilbert

Despite its passion and strength, does this concurring opinion belong here?


Real Estate/Development, Government, Covid Columns, Administrative/Regulatory

CDC’s eviction ban and the burn-off of eviction moratoria

Sep. 14, 2020
By Grace Winters, Viral Mehta

Earlier this month, the Centers for Disease Control and Prevention announced an order banning residential evictions for most r...


Real Estate/Development, Law Practice

The eviction

Sep. 14, 2020
By Myron Moskovitz

A bite of an apple leads to a lawsuit.


Labor/Employment, Government, Environmental & Energy

Recap of California legislation: All eyes on the governor

Sep. 14, 2020
By Dennis Cardoza, Jennifer Walsh

Governor Newsom has 30 days to consider nearly 400 pieces of legislation. The total number of bills reaching the governor’s de...


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

Will AB 5 keep on trucking?

Sep. 14, 2020
By Ronald L. Zambrano

When AB 5 was enacted, its principal target was the gig economy, but its impact has extended well beyond the workforce that dr...


State Bar & Bar Associations

Lawyers, this is your cue: It’s time to step up to the plate. Especially young lawyers and law students.


Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals

A surprise decision came from the 9th U.S. Circuit Court of Appeals last week in which the court denied a petition by the gove...


Law Practice

Peremptory challenge bill awaits governor’s signature

Sep. 11, 2020
By Allen L. Lanstra, Kasonni Scales

On Aug. 31, the California Legislature passed a bill that would strengthen the ability to challenge discrimination in the jury...


Law Practice, Covid Columns

No one has been paying attention for a while now

Sep. 11, 2020
By D. Mark Jackson

What recent experiences with remote juries tell us about our distracted world


Covid Columns, Alternative Dispute Resolution

Arbitration during a global pandemic

Sep. 11, 2020
By Daniel B. Garrie, Gail A. Andler

This article outlines a basic checklist designed for the convenience of counsel in furtherance of their meet and confer obliga...


Education Law, Corporate

This summer, amid headlines about national outrage and protest over the deaths of George Floyd, Breonna Taylor and others at t...


Technology, Law Practice

A new framework identifies the autonomous levels of AI legal reasoning and provides a much-needed means of comparing advances ...


Data Privacy

Consumer data privacy referendum: clear as mud

Sep. 10, 2020
By Gerald L. Sauer

What can you say about a ballot measure, ostensibly designed to enhance online data privacy, that is being opposed not only by...