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


Labor/Employment, Government, Administrative/Regulatory

The day the New Deal was born

Oct. 16, 2018
By James Attridge

On March 25, 1911, a 30-year-old social worker named Frances Perkins was walking through Greenwich Village to visit a friend. ...


Tax, Administrative/Regulatory

Last month, California enacted the Uniform Trust Decanting Act, which will now apply to all California trusts unless the trust...


Labor/Employment, Administrative/Regulatory

Without careful planning, a relatively straightforward claim for workers compensation benefits could turn into a huge legal fi...


Labor/Employment, Entertainment & Sports

The esports sector is warming up to collective bargaining agreements, athlete rights, and streamlined media opportunities. The...


Intellectual Property, Government, Entertainment & Sports

After five years of collaborations between major players in the music industry, such as the RIAA, SirusXM and the Recording Ac...


Law Practice, Appellate Practice

Let’s play ‘Let’s Suppose.’

Oct. 15, 2018
By Myron Moskovitz

Imagine if the law gave an appellate court jurisdiction to hear an appeal from the decision of the Senate Judiciary Committee ...


Government, Constitutional Law, Administrative/Regulatory

Net neutrality and the US Constitution

Oct. 15, 2018
By Charles S. Doskow, Ezra Goldschlager

The conflict between California and the Trump administration regarding net neutrality is but one more area in which the confli...


Native Americans, Family, Constitutional Law, Civil Rights

ICWA is under attack, again

Oct. 12, 2018
By Jedd Parr, Delia Sharpe

The Indian Child Welfare Act, and potentially tribal sovereignty, suffered a significant setback last week when a federal cour...


Labor/Employment

Just over a year ago on Oct. 5, 2017, the news broke that Harvey Weinstein “paid off sexual harassment accusers for decades.”


Labor/Employment, Corporate

California Gov. Jerry Brown just signed into law the nation's first gender diversity mandate for female representation on publ...


Judges and Judiciary

What Justice Kavanaugh can do to redeem himself

Oct. 12, 2018
By Christopher Hawthorne

You might say I have a rooting interest in the redemption of people who have done bad things as children.


Administrative/Regulatory


Civil Litigation, Labor/Employment, California Courts of Appeal

Landmark wage and hour ruling

Oct. 11, 2018
By Arthur F. Silbergeld, Natalie Ikhlassi

The California Court of Appeal recently certified for publication a landmark wage and hour decision upholding the legality of ...


Civil Litigation

Victims of art theft, beware. If you think you know who stole your painting — even if you don’t know its whereabouts — don’t w...


Civil Litigation, Law Practice, California Courts of Appeal, Appellate Practice

Get expert witness declarations right

Oct. 11, 2018
By David J. Ozeran

In recent months, the California appellate courts have published a number of cases addressing the role of expert witness decla...


International Law, Government, Constitutional Law, Antitrust & Trade Reg.

Broadly based legal challenges are possible. The president’s power to conduct foreign affairs does not give the executive cart...


Civil Litigation, Alternative Dispute Resolution

If the attorney is appearing at mediation on behalf of his or her client, does the attorney sign the “as to form” line or the ...


Litigation & Arbitration, Civil Litigation, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals

Claims like those of individual drivers are exactly the types of claims that should be disposed through a process less formal ...


Labor/Employment, Civil Rights

Bad actors don’t suddenly change their stripes because they were spoon-fed a few hours of mandatory training. So how do we cha...


U.S. Supreme Court, Immigration

Is Nielsen v. Preap a textualist nightmare?

Oct. 10, 2018
By Seth M.M. Stodder

As the saying goes, "bad facts make bad law." Add in an unartfully drafted statute, and you have Nielsen v. Preap, the latest ...


Transportation, Administrative/Regulatory

It’s time to plug this gaping hole in our motor vehicle laws.


Real Estate/Development

A middle ground is possible for rent control, but this year’s initiative to repeal Costa-Hawkins does the opposite.


Law Practice

Illness can make you a better person

Oct. 9, 2018
By Frank H. Wu

I have been pondering "commensurability," an important concept in law, after my diagnosis with a rare, serious autoimmune dise...


Securities

Elon Musk, a modern-day Peter Pan

Oct. 9, 2018
By Ronald E. Wood

Unless an alarm sounds to immediately constrain Musk’s Neverland-like banter and play, the clock in the Croc will draw ever cl...


Criminal, Corporate, Administrative/Regulatory

2nd Circuit Focuses FCPA Enforcement on Agency

Oct. 9, 2018
By Laura Kabler Oswell, Nathaniel L. Green

The 2nd Circuit's ruling in United States v. Hoskins may provide further encouragement for foreign individuals and entities to...


Criminal

Jail credits and 'knowing intelligent' pleas

Oct. 9, 2018
By George K. Rosenstock

To ensure that a plea is "knowing and intelligent," criminal defense attorneys must tread carefully through the briar patch of...


Civil Litigation, Intellectual Property, Entertainment & Sports

Down the Stairway to Heaven, and into district court

Oct. 8, 2018
By Bennett A. Bigman

Based on a recent ruling by the 9th U.S. Circuit Court of Appeals, rock legends Robert Plant and Jimmy Page will return to a L...


U.S. Supreme Court, Constitutional Law

Taking back takings lawsuits

Oct. 8, 2018
By Meriem L. Hubbard

This term the Supreme Court has a chance to overturn a decades-old decision that kept many property owners out of federal courts.


U.S. Supreme Court, International Law

Secret sales and prior art

MCLE
Oct. 8, 2018
By Craig E. Countryman

This term, the Supreme Court will consider whether, under the America Invents Act, a secret prior sale can invalidate a patent.


Law Practice, Entertainment & Sports, Contracts

In a ruling heard ‘round the entertainment world, in August a superior court in Los Angeles said Johnny Depp’s oral contract w...