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


State Bar & Bar Associations, Ethics/Professional Responsibility

The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...


Law Practice

As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...


Insurance

After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...


Probate

Probate lite

Jul. 25, 2019
By James P. McBride

Haw probate become somewhat of an historical artifact like the horse and buggy? Hear me out.


U.S. Supreme Court, Government

Now that takings plaintiffs can immediately sue in federal court, many will no doubt choose to do so. Rightly or wrongly, supe...


Civil Litigation, Corporate

One of the reasons major corporations don’t seem to prioritize preventing data breaches is the lack of long-term consequences....


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

Will the ban on restrictive covenants get even broader?

Jul. 24, 2019
By Anne Cherry Barnett, Michele Haydel Gehrke

In what could be an important first step to further expand the already broad reach of Section 16600, the 9th U.S. Circuit Cour...


Transportation

Accident shows need for e-scooter companies to do better

Jul. 24, 2019
By Michael E. Rubinstein

On July 12, British Youtube star Emily Hartridge was killed while riding an electric scooter on the streets of London.


Government, Banking

Navigating cannabis banking legislation: more questions than answers

MCLE
Jul. 24, 2019
By Nicole S. Phillis, Heather F. Canner

Without traditional banking services, cannabis businesses are forced to operate in all cash — maintaining piles of bills at th...


Tax

When it comes to the tax laws, ‘willfulness’ is quite broad

Jul. 23, 2019
By Robert W. Wood, Joshua D. Smeltzer

In taxes, willful and non-willful are different. Innocent tax mistakes can often be forgiven, maybe with no penalty. When ther...


International Law

Liberal financier George Soros and libertarian industrialist Charles Koch are joining together to finance a new foreign-policy...


Intellectual Property, Entertainment & Sports

Modernizing music licensing

Jul. 23, 2019
By Jacqueline C. Charlesworth

The typical consumer likely can’t name a product for which the federal government sets the price — let alone under a regulator...


Environmental & Energy, Constitutional Law

The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle


U.S. Supreme Court, Constitutional Law

Rub a dub dub

Jul. 23, 2019
By Brian M. Hoffstadt

There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the...


Constitutional Law

Twitter, Trump's public park

Jul. 22, 2019
By Edward C. Wilde, Michael S. Overing

Donald J. Trump, U.S. president and Twitter Superstar, may no longer block either critics or cranks from his Twitter feed. Rat...


Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations, Appellate Practice

California’s unique State Bar Court

Jul. 22, 2019
By Jennifer Teaford

California is the only state with a court whose judges are dedicated solely to considering attorney admission and discipline m...


Judges and Judiciary, Criminal

The power of collaborative courts

Jul. 22, 2019
By Michael K. Wendler

As a prosecutor in San Mateo County, I am proud of the county’s efforts in establishing successful collaborative courts. These...


State Bar & Bar Associations

Next week thousands of aspiring lawyers will sit for the California bar exam and, if the last few years are any indication, mo...


Civil Litigation, Criminal, Corporate

Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...


Law Practice

Choosing a leader is about choosing what type of follower you wish to be.


Construction, Alternative Dispute Resolution

Your position is interesting

Jul. 19, 2019
By Robert S. Mann

“Mediation 101” teaches the importance of distinguishing between “interests” and “positions.” Trying to reconcile positions in...


Ethics/Professional Responsibility, State Bar & Bar Associations

What to do when you hear from the State Bar

Jul. 19, 2019
By Murray Greenberg

Previous articles in this series about handling State Bar complaints have brought us to the point where the disciplinary compl...


Civil Rights, California Supreme Court, Alternative Dispute Resolution

Say it like you mean it

Jul. 18, 2019
By Jan Frankel Schau

If a settling defendant wants to ensure confidentiality, the terms of that confidentiality should be explicitly spelled out, t...


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

Public injunctions remain alive and well

Jul. 18, 2019
By Ryan Wu

“There they go again,” moaned a number of Supreme Court watchers and appellate lawyers, as news came down of another apparent ...


Law Practice, Government, Appellate Practice

With its newly-passed budget, California is taking steps to give low income residents greater access to the trial courts. But ...


Real Estate/Development, Government

Senate Bill 50, introduced late last year by Senator Scott Wiener, proposed significant changes to California’s zoning laws wi...


Letters, Judges and Judiciary

Judge Real’s life lessons for young lawyers

Jul. 17, 2019
By Kris Whitten

Having read in the Daily Journal the recollections of practice before the recently deceased U.S. District Judge Manuel Real, i...


Letters, Criminal, Corporate, Constitutional Law

How to hold corporate scofflaws accountable

Jul. 17, 2019
By Gary Schons

There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.


Government

Preservation: The next frontier of affordable housing

Jul. 17, 2019
By James L. Hanger III

The current administration’s proposed federal budget threatens to eliminate or reduce several funding programs upon which many...


Legal Education, Law Practice

Externships: How to set up and host law student externs

Jul. 17, 2019
By Lisa Mead, Sue Schechter

Some advice for companies that are considering whether to take on a law student for an academic-credit learning experience.