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


Government, Administrative/Regulatory

Price gouging: A hidden danger of the pandemic

May 20, 2020
By Joseph N. Akrotirianakis, W. Scott Cameron

You might be tempted to raise prices to try to recoup some of your lost revenue. But be careful — if you do raise prices, you ...


Do you have tax losses, or are you expecting some? These days, that sounds like a silly question. How losses are treated under...


Government, Constitutional Law, Civil Rights

When public health and individual liberties collide

May 19, 2020
By David A. Carrillo, Brandon V. Stracener

Individual liberties are not absolutes, and in emergencies citizens must defer to the collective good.


Mergers & Acquisitions, Corporate

The ‘efforts’ clause loophole

May 19, 2020
By Dustin Chase-Woods

You’ve recently closed a merger, representing the seller in a deal that netted your client — and you — a good bit of cash. And...


Labor/Employment, Intellectual Property

It is often said that every crisis also presents an opportunity. The current COVID-19 pandemic presents a chance to revise and...


Insurance

Last week the California insurance commissioner issued a notice to all insurers recognizing the economic hardship and lack of ...


U.S. Supreme Court, Intellectual Property

The court unanimously decided that neither the Lanham Act’s statutory language, nor historical precedent supported making will...


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

Ruling provides guidance on grantor retained annuity trusts

May 19, 2020
By Carol Kao, Julie Dewberry

For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included...


Securities, Corporate

Adopting a ‘poison pill’ in response to the pandemic

May 19, 2020
By Thomas J. Ivey, Bryan Smith

The COVID-19 pandemic has taken a toll on the global economy and financial markets. As a result, public companies are increasi...


U.S. Supreme Court, Government, Criminal

Not every abuse of power is a federal crime

May 18, 2020
By Matthew E. Sloan, Emily Ludmir Aviad

On May 7, the U.S. Supreme Court dealt a blow to prosecutors policing public corruption under federal property fraud statutes ...


Appellate Practice

Home schoolin’

May 18, 2020
By Myron Moskovitz

I taught for more than four decades. I got pretty good at it — or so I believed. When I retired from teaching five years ago, ...


U.S. Supreme Court, Health Care & Hospital Law, Civil Litigation

The California Supreme Court will hear arguments Tuesday on whether to follow the rationale in Jarman to allow nursing home re...


Labor/Employment

Our firm has begun receiving calls asking this question. I regret to inform workers that, as long as the employer had workers’...


Environmental & Energy

Trump issued an executive order this month declaring a national emergency over potential foreign threats to the security of th...


Education Law

US Department of Education releases final Title IX rules

May 15, 2020
By Pilar Morin, David Urban

On May 6, the Office for Civil Rights of the U.S. Department of Education released its new regulations under Title IX of the E...


U.S. Supreme Court, Criminal, Constitutional Law

Qualified immunity: Are we there yet?

May 15, 2020
By Robert L. Bastian Jr.

Are we there yet? Some jurisprudential road trips wind longer than others. But the history in federal courts of qualified immu...


Law Practice

Protecting big cats in California and beyond

May 15, 2020
By Elizabeth Holtz

The popularity of the Netflix documentary “Tiger King” has thrust the plight of big cats in captivity into the spotlight. Whil...


Law Practice

A discussion about lawyering and trauma during the shutdown.


Alternative Dispute Resolution

The temple of justice

May 15, 2020
By Robert S. Mann

When you next sit down to prepare for a mediation, consider putting the “temple of justice” idea on your list of items to disc...


Government, Criminal

On May 7, the DOJ filed a motion to dismiss the charges against Flynn for lying to the FBI. The action by the DOJ has been app...


Alternative Dispute Resolution

Mediating during coronavirus: danger and opportunity

May 15, 2020
By Stephen H. Sulmeyer Ph.D

It is commonly believed in the West that the Chinese word for “crisis” is comprised of two characters, one representing “dange...


Books

Robert Stone’s fiery America

May 15, 2020
By Richard Wirick

There are writers who appear, possibly once in a generation, who seem to galvanize time’s eerie striations and craft novels th...


Government, Administrative/Regulatory

COVID-19 data privacy could be a Pandora’s box

May 14, 2020
By Gerald L. Sauer

It has taken a global pandemic to finally move legislators in DC toward progress on consumer privacy issues. Despite an urgent...


Labor/Employment, Civil Litigation

The coronavirus pandemic has stoked fears among businesses that they will be targeted with lawsuits as they reopen for busines...


Judges and Judiciary

‘Your Honor, you’re still on mute’

May 14, 2020
By Samantha P. Jessner

For the most part, courts have functioned pretty much the same way for centuries, with lawyers, clients, witnesses, judges and...


State Bar & Bar Associations, Letters, Legal Education

... or perhaps the bar exam system is broken

May 14, 2020
By Mitchel L. Winick

“The simplest solution is most likely the right one.” This is the most common paraphrased version of English Franciscan friar ...


State Bar & Bar Associations, Letters, Legal Education

Good lawyering is not about regurgitating knowledge

May 14, 2020
By Michiel Pestman

Only 26.8% of the candidates passed the February California bar exam. This is the lowest pass rate since 1951, when the bar st...


Military Law, Law Practice

Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...


Criminal

Amid the dark clouds of the ongoing pandemic, a silver lining has appeared for white collar defendants and their counsel, in t...


Labor/Employment, Civil Litigation

A major deficiency under the current whistleblower protections is the time-consuming litigation process subjecting aggrieved e...