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


Civil Litigation, Intellectual Property

Issue-preclusive effect of agency decisions in the patent context

MCLE
Jun. 28, 2019
By Irfan A. Lateef, Josepher Li

In the aftermath a 1971 Supreme Court decision courts have applied issue preclusion to end patent lawsuits. Just a few years a...


Ethics/Professional Responsibility, State Bar & Bar Associations

What to do when you hear from the State Bar

Jun. 28, 2019
By Murray Greenberg

Where we left off in part one (June 21) of this series: You have received and digested the communication from the State Bar in...


Civil Litigation, California Supreme Court

Got a final award? It ain’t necessarily so.

Jun. 28, 2019
By Michael R. Diliberto

The California Supreme Court recently said it is timely to submit a request for costs under CCP Section 998 to the arbitrator ...


U.S. Supreme Court, Tax

The U.S. Supreme Court unanimously ruled that a state could not tax an out of state resident on trust income without minimum c...


Government, Constitutional Law

The constitution is silent on presidential absolute immunity. Although presidents routinely invoked the claim of executive pri...


Letters, Education Law, 9th U.S. Circuit Court of Appeals

This response provides two clarifications to comments regarding my June 12 article on the 9th Circuit’s recent Title IX ruling.


Letters, Judges and Judiciary, Government, Constitutional Law

In two of his recent articles, appellate attorney Myron Moskovitz has generously provided us with his valuable insights regard...


Labor/Employment

Anti-age discrimination bill advances

Jun. 27, 2019
By Bryan Lazarski

A bill in Congress would amend the Age Discrimination in Employment Act to reverse and correct a 2009 U.S. Supreme Court decis...


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

To save a successful Chapter 11 restructuring from, in the words of the 9th U.S. Circuit Court of Appeals, going “up in smoke,...


Government

Dependency counsel funding draws national praise

Jun. 27, 2019
By Jill Mcinerney

Governor Gavin Newsom delivered on his campaign’s promise to invest in California’s children and families in the Budget Act of...


Insurance

Insurance policies are full of phrases and terms that might have one “ordinary and popular” meaning but a completely different...


Tax, Civil Litigation

As medicine, science, and the law continue to develop, lawsuits for wrongful birth and wrongful life are increasingly being re...


Government

Before we regulate

Jun. 26, 2019
By H. Mark Lyon

An absolute ban on all uses of all forms of a particular technology is rarely, perhaps even never, appropriate, at least where...


Criminal

Can a robot be a successful district attorney?

Jun. 26, 2019
By Stephen E. Henderson

Artificial intelligence is all the rage. We constantly hear about it in one form or another. Automation. Big data. Machine ...


A 9th Circuit panel held that such pleas are involuntary if the government lacked probable cause to prosecute the third party ...


Intellectual Property

Protecting Intellectual Property in the rapidly evolving age of AI

Jun. 26, 2019
By James L. Davis, Steve Meil

While work on AI-related technology started over 60 years ago, more than half of the nearly 340,000 AI-related patent applicat...


U.S. Supreme Court, Labor/Employment

This comes up often when the named employee in a class action doesn’t sign an arbitration agreement, but other employees do.


Law Practice, Education Law

Confused in the courtroom

Jun. 26, 2019
By Ashley Lipson

Math skills are disappearing from the legal profession


U.S. Supreme Court, Constitutional Law

Sometimes Supreme Court controversies promising tectonic shifts in constitutional rights and legal doctrines do not turn out t...


U.S. Supreme Court, Civil Litigation

When the FCC speaks, everyone must listen... maybe

Jun. 25, 2019
By Eric J. Troutman

That a district court could not ignore or refuse to follow an order by the Federal Communications Commission related to the Te...


Labor/Employment, Corporate

Companies seeking to reward employees for their contributions during their employment through the use of equity awards may not...


U.S. Supreme Court, Constitutional Law

Opening the federal courthouse door to takings claims

Jun. 25, 2019
By Marc D. Alexander

In 2017, Professor (now Dean) Erwin Chemerinsky’s book, “Closing the Courthouse Door,” was published. The book’s subtitle pres...


Tax, Law Practice

The Tax Cuts and Jobs Act passed at the end of 2017 doubled the estate and gift tax exemption. With much aplomb, it was announ...


Law Practice

Pick up the phone, please

Jun. 25, 2019
By Frank H. Wu

As a law professor, I have realized we need to teach students a skill they by and large lack when they enroll: how to use the ...


Civil Litigation, Letters, Environmental & Energy

I write to make three important corrections, and one clarification, to Howard Miller’s June 13 column, “Tectonic legal plates:...


On June 5, the SEC adopted a package of new rules, amendments and interpretations that addresses the obligations of broker-dea...


U.S. Supreme Court, Constitutional Law

Ding dong, the witch is dead!

Jun. 24, 2019
By Michael M. Berger

Please forgive the levity in the title of this column. Lawyers who litigate constitutional property rights cases have been wai...


Civil Litigation

The Los Angeles Dodgers’ bad case of déjà vu

Jun. 24, 2019
By Allen Patatanyan

When news first broke in March of a brain-damaged man whose injuries stemmed from an attack in the Dodger Stadium parking lot,...


U.S. Supreme Court, Criminal, Constitutional Law

In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States


Civil Litigation, Appellate Practice

Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows...