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


Insurance, Civil Rights

Conditional settlement demands: defusing third-parties’ tactics

Oct. 7, 2019
By Albert K. Alikin, Landon Greene

California Supreme Court Justice Otto Kaus once prophetically said, “It seems to me that attorneys who handle policy claims ag...


U.S. Supreme Court, Constitutional Law

What is discrimination because of ‘sex’?

Oct. 7, 2019
By Rex S. Heinke, Jenna M. Nalchajian

The U.S. Supreme Court will hear arguments on the issue this week.


Civil Litigation, Appellate Practice

Appellate lawyers in trial courts?

Oct. 7, 2019
By Myron Moskovitz

Recently, trial attorneys have begun to call me at the outset of a case, while it’s still in the trial court. “This case invol...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

The state has a compelling interest in encouraging victims to report their abuse so that their assailants can be prosecuted fo...


Law Practice

As fully autonomous vehicles stuffed with Artificial Intelligence (“AI”) ready to take to our roadways and commandeer the live...


Alternative Dispute Resolution

The taxonomy of mediators

Oct. 4, 2019
By Michael H. Leb, Paul P. Cheng

Bullies, butterflies, status quo and compliance


Law Practice, Ethics/Professional Responsibility

Due increasing lateral movement, it is more important than ever that firms take a close look at who they are hiring and how to...


U.S. Supreme Court, Environmental & Energy

Critical amendments in 1972 forever changed the protection of WOTUS. Simply put, it became unlawful for any person to discharg...


Law Practice, Family

Valuing the professional goodwill of an attorney in divorce

Oct. 4, 2019
By Timothy D. Reuben, Stephanie I. Blum

The courts have struggled with this topic for years, leading to uncertainty and allowing widely varying opinions from forensic...


U.S. Supreme Court, Civil Litigation, Intellectual Property

High court will address split over trademark infringement remedies

Oct. 3, 2019
By Benjamin L. Wagner, Katherine Harihar

The U.S. Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil Inc., 18-1233, to resolve a circuit split regardi...


Ethics/Professional Responsibility

Politics aside, how far is a lawyer permitted ethically to go in assisting a client?


Law Practice, Ethics/Professional Responsibility

Navigating the requirements for reporting attorney misconduct

Oct. 3, 2019
By Shari L. Klevens, Alanna G. Clair

As set forth in Rule 1.0 of the California Rules of Professional Conduct, a primary purpose of rules governing attorney conduc...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Goodwin Liu by the numbers

Oct. 3, 2019
By Kirk C. Jenkins

Today, we pass the halfway point in our ongoing series of data-driven profiles of the justices of the California Supreme Court...


The increasing concerns of many Americans about the Chinese has been summed up by FBI Director Christopher Wray as a “whole of...


Letters, Criminal

Presumption of innocence is a trial right only

Oct. 2, 2019
By Richard J. Chrystie

The Sept. 23 article on bail, “Critics unsure bail changes moving in right direction,” quotes Phil Telfeyan, executive directo...


Government, Environmental & Energy, Administrative/Regulatory

The auto emissions war against California

Oct. 2, 2019
By Richard M. Frank

The Trump administration’s waiver revocation is unwanted by anyone but President Trump (along with, perhaps, Big Oil, which al...


Law Practice, State Bar & Bar Associations

Bar proposals will upend legal profession

Oct. 2, 2019
By Erin M. Joyce

The State Bar’s proposals to authorize nonattorneys and for-profit corporations to practice law will upend the legal professio...


Civil Litigation, Labor/Employment

Lawson and the outlook of PAGA litigation in the 2020s

Oct. 2, 2019
By Kenneth D. Sulzer, Matthew Scholl

For the past 15 years, California employers have been plagued by mass actions brought under the Private Attorneys General Act,...


U.S. Supreme Court, Intellectual Property

Are PTO attorney fees expenses under Section 145?

Oct. 2, 2019
By B. Todd Patterson, Kyrie K. Cameron

The issue before the Supreme Court is: Whether the phrase “[a]ll the expenses of the proceedings” in Section 145 encompasses t...


U.S. Supreme Court, Intellectual Property

High court to consider appealability issues in IPR proceedings

Oct. 2, 2019
By Charan Brahma, Craig Crockett

The U.S. Supreme Court will consider appealability of timeliness determinations within inter partes review proceedings under 3...


Letters, Labor/Employment

AB 5 language will cause unexpected disruption

Oct. 1, 2019
By David Amkraut

Whether or not Assembly Bill 5 was really aimed only at the “gig economy,” its absurdly broad language will cause widespread a...


Civil Litigation, California Supreme Court

On Wednesday, the California Supreme Court will hear arguments in a case that will resolve a split in authority on standing to...


Judges and Judiciary, Civil Rights

Judicial Council has been misinforming about the ADA

Oct. 1, 2019
By Thomas F. Coleman

The Judicial Council has been misinforming the judiciary about the requirements of the Americans with Disabilities Act since t...


With thousands of children born each year using assisted insemination, in vitro fertilization, gestational carriers, many cour...


Immigration, Government, Constitutional Law

Impeachment isn’t the only trouble President Donald Trump is facing. Last Friday, three different federal judges rejected his ...


Judges and Judiciary, Appellate Practice

Now hear this!

Oct. 1, 2019
By Benjamin G. Shatz

An appellate opinion's primary purpose is to resolve whatever dispute the parties have brought to the court. And yet there are...


Securities, Corporate

A primer on preferred: Getting your yield’s worth

Oct. 1, 2019
By Sara L. Terheggen

The difficult aspect of investing in preferred stock is understanding what characteristics are best suitable depending on an i...


State Bar & Bar Associations

The State Bar of California recently amended its rules to allow distance learning law schools to apply for state accreditation...


Civil Litigation

Document production games run amok

Sep. 30, 2019
By Thomas J. Umberg

This year I authored Senate Bill 17 to mitigate some of the gamesmanship that has become endemic in civil litigation. The meas...


Civil Litigation, Insurance, California Supreme Court

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, S253593, the California Supreme Court is considering a ...