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


Real Estate/Development, Land Use

The Housing Accountability Act roars into life

Aug. 26, 2020
By Dolores B. Dalton

In 2017 and 2018, the California Legislature added teeth to the Housing Accountability Act, which is a previously little-known...


Labor/Employment, Health Care & Hospital Law

The U.S. Equal Employment Opportunity Commission recently released a pair of new technical assistance guidance documents to ad...


Health Care & Hospital Law, Data Privacy

In the U.S., contact tracing is presently more concept than reality. People just don’t trust the government with their persona...


For a business that loves sequels, perhaps we are witnessing Studio System Part Deux, The Studios Strike Back. There were some...


Constitutional Law

Biden on property rights

Aug. 25, 2020
By Michael M. Berger

The ascent of Joe Biden to the top spot on a presidential ticket has caused many people to review the half-century of Biden's ...


Nearly everyone has been impacted by COVID-19, from health worries, layoffs, cutbacks, reneged job offers, business and court ...


Insurance, Civil Litigation

Court: Business property insurance covers COVID-19-related losses

Aug. 25, 2020
By Ryan P. McCarl, John M. Rushing

Do all-risk business property insurance policies cover losses related to COVID-19? A recent decision out of the Western Distri...


Government

The traditional mission of the U.S. Postal Service is to bind the nation together by providing a “reliable affordable, univers...


Law Practice, Judges and Judiciary, Appellate Practice

Enhancing appellate court opinions

Aug. 25, 2020
By David J. Ozeran

Appellate court opinions are usually dry reads. No one takes a stack of advance sheets to read on vacation. Opinions are gener...


Labor/Employment, Government, California Supreme Court

In a 90-page opinion issued on July 30, a unanimous California Supreme Court looked deep into the abyss of pension rights and ...


Chelsea Becker was charged with murder after giving birth to a stillborn child. But is that ever, under any circumstances, a c...


Law Practice, Appellate Practice

I worked for more than 38 years as a writ attorney in the California Court of Appeal, 2nd District, so believe me when I tell ...


Criminal, California Supreme Court

The California Supreme Court recently issued its second of two landmark decisions of first impression, addressing criminal def...


Entertainment & Sports, Civil Litigation

Is the curtain closing on TV profit participation litigation?

Aug. 24, 2020
By John Berlinski, Kimberly Meyer

For more than half a century, Hollywood film and television studios have contracted to pay high-profile actors and producers a...


Labor/Employment, Civil Rights, California Supreme Court

Employer takeaways from the Supreme Court's Bostock decision on LGBTQ+ rights

Aug. 24, 2020
By Kathryn G. Mantoan, Daniel A. Rubens

Both the reasoning and outcome of the ruling provide important guidance for how employers can and should think about LGBTQ+ is...


Civil Litigation, Antitrust & Trade Reg.

The line between anticompetitive behavior and hypercompetitive behavior

Aug. 21, 2020
By Jason D. Russell, Zack Faigen

Last week, the 9th Circuit handed a big victory to Qualcomm, Inc., reversing the district court’s judgment that Qualcomm unrea...


State Bar & Bar Associations, Constitutional Law

Having witnessed protests and other actions taking place in cities across the United States, including Seattle, Portland, Los ...


Judges and Judiciary, Criminal

The human aspects of judging are a mystery to most members of the public, and even to lawyers. As a fan of "insider stories," ...


Law Practice, Civil Litigation

Why not follow the best road?

Aug. 21, 2020
By Gerald G. Knapton

A recent appellate ruling shows that while there are a number of ways lawyers can prove their hours to a trier of fact, only o...


Law Practice, Civil Litigation

The ‘catalyst theory’ of attorney fees

MCLE
Aug. 21, 2020
By Angela Reid

The California Supreme Court has endorsed the catalyst theory under which a plaintiff may receive attorney fees if he or she c...


Law Practice, 9th U.S. Circuit Court of Appeals

A new standard for determining waiver of work product privilege

MCLE
Aug. 20, 2020
By LaKeysia Beene, Jason E. Fellner

The 9th Circuit recently set forth a new and clarifying standard for determining whether a party to a federal action has waive...


Entertainment & Sports, Civil Litigation

While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward w...


Criminal, Constitutional Law

Identity theft crimes create a unique situation in cases that involve the booking exception to Miranda. During the booking pro...


Technology, Law Practice

A new artificial intelligence tool known as GPT-3 has been getting a lot of media attention and fueling excitement for what AI...


In the age of COVID-19, we are all armchair epidemiologists and virologists. These topics closely relate to a larger branch of...


Torts/Personal Injury, Government

The 'CAREN' we need?

Aug. 19, 2020
By Myanna Dellinger

You have heard the stories from around the nation recently: A woman called the police because she perceived “an African-Americ...


Environmental & Energy

The ongoing saga of the Dakota Access Pipeline

Aug. 19, 2020
By Melissa Malstrom

July was a tough month for the pipeline industry.


Torts/Personal Injury, Civil Litigation, California Supreme Court

Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...


Administrative/Regulatory

The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...


Government, Constitutional Law

On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...