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


Drones create novel issues of liability and privacy

Jan. 8, 2020
By Paul Fraidenburgh

Integrating drones into U.S. skies — and specifically into U.S. industries – is not a new goal. It has been a top priority fo...


Civil Litigation, Labor/Employment, Government

The California Rule and public retirement system governance

Jan. 8, 2020
By Ashley K. Dunning, Peter H. Mixon

By all indications, 2020 will be the year in which the California Supreme Court speaks again on the scope of the “California R...


Ethics/Professional Responsibility, Civil Litigation, Appellate Practice

Striking the wrong tone

Jan. 7, 2020
By Benjamin G. Shatz

Losing hurts. And when we’re hurt, we want to lash out. But lawyers know — or should know — that lashing out is not profession...


Entertainment & Sports, Contracts

Kit deal battle: Liverpool, New Balance and Nike

Jan. 7, 2020
By Victoria Burke

Once upon a time, there was a love triangle between the Liverpool Football Club, New Balance and Nike.


Insurance

Wildfire insurance problems are economic, not legal

Jan. 7, 2020
By Andrew B. Downs

Someone will have to pay for wildfire risks, whether it’s the individual policyholder, the insurance industry or the taxpayers...


Labor/Employment, Corporate

In some part, the investment and M&A markets factor in risks of employment law noncompliance into their valuation decision...


Appellate Practice

Zygote!

Jan. 6, 2020
By Arthur Gilbert

New Year’s opening: no resolutions. At my age, it’s too late. And no clichés about it never being too late.


Family

50 years in family law

Jan. 6, 2020
By Peter M. Walzer

The more things change, the more they stay the same.


Appellate Practice

Talking to strangers

Jan. 6, 2020
By Myron Moskovitz

Talking to strangers is risky. You never know what might bother them. Apparently, some lawyers missed the lesson.


Civil Litigation, Construction

Contractor receives not one, but two lumps of coal

Jan. 3, 2020
By Garret D. Murai

Happy new year! Hopefully, you got everything you wanted for Christmas and didn’t get a lump of coal. For one contractor, aptl...


Civil Litigation, Labor/Employment

AB 5 challenge cites arbitrary exemptions

Jan. 3, 2020
By Jennifer M. Protas

On Dec. 30, Uber, Postmates and two independent workers who use app-based platforms for referrals filed suit in U.S. district ...


Ethics/Professional Responsibility

“Behavioral Legal Ethics” is a relatively new area of the law that deals with how automatic and mostly unconscious processes p...


Intellectual Property

The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.


Civil Litigation

Appellate courts split on indemnity claims and anti-SLAPP

Jan. 2, 2020
By Benjamin W. Clements

Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity “arises from...


Civil Litigation, Labor/Employment

Punitive protection for whistleblowers

Jan. 2, 2020
By Marshall Lurtz

Employment lawyers are familiar with the full spectrum of remedies available to employees under the Fair Employment and Housin...


Government, Constitutional Law

On Jan. 3, the Court of Appeals for the DC Circuit is scheduled to hear oral argument in a case that could impact the impeachm...


Tax, Corporate

Choice of entity has always been a difficult decision, but two years later we are seeing that the Tax Cuts and Jobs Act of 201...


Education Law, Administrative/Regulatory

For-profit colleges face yet another day of reckoning

Dec. 31, 2019
By Brian S. Kabateck, Nidya Gutierrez

The Federal Trade Commission announced a record-setting $191 million settlement with the University of Phoenix and its parent ...


Real Estate/Development, Government

Is California’s Housing Crisis Act of 2019 the answer or state overreach?

Dec. 31, 2019
By Susan K. Hori, Jennifer J. Lynch

Senate Bill is a lengthy and complicated piece of housing legislation that will significantly affect land development in Calif...


As a law professor, I am supposed to teach students how to argue — in a classical education, the subject would be “rhetoric.” ...


Labor/Employment

What confidential documents may a whistleblower take?

MCLE
Dec. 30, 2019
By Joshua J. Borger

Whistleblowers often face the same Catch-22 as recent college graduates. You can’t get a job without experience, and you can’t...


Tax, Government, Banking, Administrative/Regulatory

The legal landscape of banking marijuana businesses

Dec. 30, 2019
By Fredrick S. Levin, Daniel P. Stipano

Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispensa...


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

The top 5 9th Circuit civil cases of 2019

Dec. 30, 2019
By James Azadian

With the new year quickly approaching, now is a good time to reflect on the 9th U.S. Circuit Court of Appeals’ significant cas...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of cond...


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...