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


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

This October the Supreme Court will consider the permissibility of cy pres-only class action settlements.


Government

American presidents and out-of-wedlock paternity

Aug. 28, 2018
By James Attridge

The baby shoe has dropped. Just when you started to wonder what could possibly happen next, the National Enquirer has given th...


Tax, Probate

Aretha Franklin was the Queen of Soul, beloved as a recording artist and person. She had a reported net worth of $80 million o...


Letters, Judges and Judiciary, Government

Judicial election response doesn’t hold up

Aug. 28, 2018
By Louis A. Lipofsky

The issue of judicial elections is again become a subject of debate.


Civil Litigation, Labor/Employment, California Supreme Court

In what is, apparently, the first widely disseminated ruling, one court has already answered this question with a resounding “...


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal

Causation against lawyers who conceal conflicts

MCLE
Aug. 27, 2018
By Kenneth C. Feldman, Patrik Johansson

A Court of Appeal ruling muddles law concerning the applicable causation standard when a lawyer is sued for fraud or intention...


Civil Litigation, Law Practice, Appellate Practice

Don’t walk into a post-trial motion trap

Aug. 27, 2018
By Ben Feuer

If you lose a trial or dispositive ruling, your first instinct may be to file a post-trial motion. But if you don’t need to pr...


Intellectual Property, Civil Rights, California Supreme Court

The California Supreme Court's Hassell v. Bird ruling suggests courts will see through litigation tactics that attempt to avoi...


International Law, Government, Books

Steve Coll’s “Directorate S” concentrates on Pakistan’s pivotal, indeed indispensable roles in our battles with Mideast terror...


Letters, Judges and Judiciary, Government

One of the first lessons political science students are taught is that the first job of every elected official is to stay in ...


Letters, Criminal

Presumption of innocence... at trial

Aug. 24, 2018
By Richard J. Chrystie

The principle that a person is innocent until proven guilty is commonly overstated.


Litigation & Arbitration, Civil Litigation, International Law

International arbitration finally comes to California

MCLE
Aug. 24, 2018
By Howard B. Miller

Effective Jan. 1, 2019, Senate Bill 766 amends the California International Arbitration statute with new rules for California ...


Real Estate/Development, Bankruptcy

Parties that find themselves involved in the purchase of property that is either wholly, or partially, owned by an entity in b...


Real Estate/Development, Government, Administrative/Regulatory

With the school year set to begin in California, parents, educators and landlords should be aware of the unique problems cause...


Environmental & Energy, Administrative/Regulatory

New signage requirements under Proposition 65

Aug. 23, 2018
By Collin Waring

New warning signs must be posted on buildings, or property owners could face lawsuits or penalties


Law Practice, Ethics/Professional Responsibility

Protecting internal communications from disclosure

Aug. 23, 2018
By Shari L. Klevens, Alanna G. Clair

As soon as something goes wrong in a representation, the first instinct for many attorneys may be to turn to colleagues for ad...


Tax

As you might expect with any government agency, failing to cooperate voluntarily with the IRS can have consequences.


Judges and Judiciary, Government

Keep judges out of politics

Aug. 22, 2018
By Noel Wise

Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...


Administrative/Regulatory

Racing to get ahead of a looming consumer privacy ballot initiative in November, the California Legislature has enacted a new ...


Law Practice

The Seven Deadly (1L) Sins

Aug. 22, 2018
By Ira L. Shafiroff

With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...


Earlier this month, the Internal Revenue Service issued proposed regulations on additional first-year depreciation deductions,...


Judges and Judiciary, Government, Constitutional Law

Cicero's warning: Eastern District emergency

Aug. 21, 2018
By Daniel O. Jamison

There are 677 district court judgeships nationwide. As of Monday, 126 were vacant with only 73 nominees pending. Many are judi...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law

Stare decisis lite in the U.S. Supreme Court

Aug. 21, 2018
By Leonard L. Gumport

True or false: The U.S. Supreme Court gives more respect to its precedents interpreting the U.S. Constitution than to other pr...


Litigation & Arbitration, Civil Litigation, Law Practice, California Courts of Appeal

An appellate court weighs in on a settlement agreement included a confidentiality clause stating the parties and counsel would...


Law Practice, Civil Litigation, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Law Practice, State Bar & Bar Associations

UC Irvine law: A dream come true

Aug. 20, 2018
By Andrew J. Guilford

As UCI’s law school celebrates its 10th anniversary, ranked 21st among all the nation’s law schools, reviewing those early com...


Tax, Civil Litigation

Even if Monsanto were to pay the verdict, new tax rules will be as effective as Roundup in swallowing up most of the big verd...


Civil Litigation, Contracts

Drafting contracts that sufficiently define material terms

MCLE
Aug. 20, 2018
By Ryan D. Kashfian, Robert A. Kashfian

One of the most important but frequently misunderstood issues in contract drafting is whether the material terms are sufficien...


Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden...


Letters, Criminal

The headline the Daily Journal chose for a recent story feeds into the hysteria being generated and exploited by the Trump adm...