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


Bankruptcy

Small Business Reorganization Act of 2019

Dec. 27, 2019
By Stuart B. Rodgers

Earlier this year Congress enacted the Small Business Reorganization Act of 2019 with the stated goal of assisting small busin...


Government, Constitutional Law

The Feds’ evasion of takings law

Dec. 27, 2019
By Michael M. Berger

Hurricane Harvey. Words that struck fear into many Texans a couple of years ago. The pain still lingers — as does the litigati...


Law Practice

Noticing the privilege that helps me

Dec. 26, 2019
By Frank H. Wu

Here is a moral dilemma for those of us who favor equality — or who would like to believe we are egalitarian. It is along the ...


The IRS is aware that millions of cryptocurrency transactions may still remain unreported. Taxpayers may think they will not b...


Family

Pet peeves in your divorce

Dec. 26, 2019
By Michael Reedy, Maya Younes

Earlier this year, California enacted a law granting family law judges the authority to decide unresolved issues about pets in...


Tax

Key California tax facts

Dec. 24, 2019
By Robert W. Wood

California taxes are high, the highest in the nation. Think the IRS is tough? California’s Franchise Tax Board is generally re...


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal

In a crucial “note” applicable to all California lawyers, the opinion uses the social impact of the #MeToo movement to compel ...


Banking

In 2017, a Bankruptcy Judge Christopher M. Klein from the Eastern District of California entered a judgment in favor of bankru...


Kanye has turned more and more religious, with a new album called “Jesus Is King.” Perhaps he may have been toying with bankru...


A recent ruling is the latest in a series of 9th Circuit cases reflecting a concern that the self-interest of class counsel an...


Labor/Employment

2020 laws all California employers should know

Dec. 23, 2019
By Kate McGuigan, Michael Schlemmer

The new laws, most of which take effect Jan. 1, 2020, cover a wide area from wage and hour and work classification to hairstyl...


Government, Environmental & Energy

California heads into the next decade with over 100 new environmental laws

Dec. 20, 2019
By Monica Browner, Steven H. Goldberg

In 2019, the California Legislature had another busy year working on new environmental and natural resource bills.


Civil Litigation, Labor/Employment

PAGA is warping the California Labor Code

Dec. 20, 2019
By Paul S. Cowie, John D. Ellis

Whatever may have been the intent of the Private Attorneys General Act when it was enacted, it has since evolved into a legali...


Law Practice

How I write

Dec. 20, 2019
By Frank H. Wu

I am among the last generation of professionals to have transitioned from hand writing to typing to computers and the internet...


Civil Litigation, Law Practice

Creative uses of the 'high-low' agreement

Dec. 20, 2019
By Brian S. Kabateck, Serena J. Vartazarian

The “high-low” agreement is an often underutilized and misunderstood tactic, typically used in a jury trial to reach a settlem...


Law Practice, Ethics/Professional Responsibility

When duties of candor and confidentiality collide

MCLE
Dec. 20, 2019
By Shawn Shaffie

The State Bar recently released Formal Opinion Number 2019-200 to address how an attorney must proceed carefully in balancing ...


Law Practice, Ethics/Professional Responsibility

Former associate justice of the Supreme Court Potter Stewart (1958-1981) advanced a very simple but elegant description of eth...


Letters, Government

Using provocative language reflective of the impeachment debate in Washington, prosecutor Richard Ceballos — who was denied th...


Tax, Real Estate/Development

Although they are generally distinct sections with their own provisions, there is one possibility in which Section 1031 exchan...


Civil Rights

New initial disclosure, supplementation option

MCLE
Dec. 19, 2019
By William Slomanson

Effective Jan. 1, 2020, civil litigants will have the option of stipulating to the exchange of initial disclosure.


Government, Administrative/Regulatory

The hazy legal landscape of cannabis

Dec. 19, 2019
By Fredrick S. Levin, Daniel P. Stipano

In January 2018, Attorney General Jeff Sessions rescinded the Cole memos and directed prosecutors to pursue marijuana related ...


Law Practice, Corporate, Banking

Paths to privacy on the road to real estate transactions

Dec. 19, 2019
By Genevieve M. Larson, Kelina M. Smith

Finding efficient solutions for high profile clients


Civil Litigation, Civil Rights

Facebook is in the news again for a data breach, but this time it happened in a low-tech way. An old fashioned thief stole har...


Labor/Employment

While Senate Bill 188 specifically contemplated hair textures and hair styles associated with African-Americans, employers sho...


Civil Litigation

The crowdsourced jury

Dec. 18, 2019
By Brian M. Hoffstadt

Thanks to the internet, prospective litigants now have the additional option of “opting out” of dispute resolution by jury tri...


Civil Litigation, Criminal

AB 218: Overdue recognition of childhood abuses

Dec. 18, 2019
By Raymond P. Boucher

In enacting Assembly Bill 218, the California Legislature finally recognized what survivors of childhood sexual abuse suffer t...


Government, Administrative/Regulatory

The new law is the first of its kind and will attempt to establish cybersecurity standards for connected devices where none ha...


Government, Civil Rights

Proposed rule will make combating fair housing discrimination much harder

Dec. 18, 2019
By Nadia Aziz, Matthew F. Warren

Fifty years ago, President Lyndon B. Johnson signed the federal Fair Housing Act with the goal to “guarantee a basic American ...


Labor/Employment, Government

Pension reform options for California public agencies

Dec. 17, 2019
By Che I. Johnson, Lars T. Reed

California’s pension plans are dangerously underfunded, the result of overly generous benefit promises, wishful thinking and a...


Senate rules of procedure for impeachment trials

Dec. 17, 2019
By Charles S. Doskow

Like a suitcase you had forgotten you had that falls from the top of a closet and hits you in the head, we have now become sud...