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


Family, California Courts of Appeal

Attorneys who avoid getting involved in premarital agreements found another reason for doing so, thanks to a recent appellate ...


Tax, Corporate

Whether you agree with President Donald Trump that the recently passed tax act is the biggest tax cut in history, the new law ...


Judges and Judiciary, Ethics/Professional Responsibility, State Bar & Bar Associations

The California primary election takes place on June 5. The state’s general election follows on Nov. 6. This includes the elect...


Judges and Judiciary, International Law

Hers has been a lifetime of firsts.


Law Practice, Law Office Management, Ethics/Professional Responsibility

Protecting client info in the age of law firm breaches

Mar. 9, 2018
By Shari L. Klevens, Alanna G. Clair

This obligation has taken on new importance in recent years, as law firms find themselves targeted by hackers who realize that...


Tax, Civil Litigation

Many plaintiffs will face higher taxes on their lawsuit settlements under the recently passed tax reform law.


Letters, Judges and Judiciary, Government

Veterans and especially the disabled have largely been left behind in California judicial appointments.


Civil Litigation, California Supreme Court, California Courts of Appeal

Can you ascertain that class?

Mar. 8, 2018
By Terence N. Hawley, Joshua D. Anderson

California appellate courts have issued conflicting opinions on what ascertainability means.


U.S. Supreme Court, Bankruptcy, Banking

Ruling clarifies avoidance powers of bankruptcy trustees

Mar. 8, 2018
By Neal S. Salisian, Stephanie Chau

In a unanimous decision, the U.S. Supreme Court has added considerable clarity surrounding the avoidance powers of bankruptcy ...


Civil Litigation, Intellectual Property, Entertainment & Sports

A new trend is underway where media sources are threatening and suing celebrities for copyright infringement, and demanding m...


Administrative/Regulatory

Though premised on violation of the state cannabis regulations, these claims will be actionable under state consumer protectio...


Letters, Judges and Judiciary, Government

Brown, Groban should be commended

Mar. 8, 2018
By Darrell P. White

The Brown administration has appointed Hispanic jurists at nearly double the rate they found upon taking office in 2011.


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

Are US courts bound to defer to foreign governments?

Mar. 7, 2018
By Christopher A. Whytock

The Supreme Court is weighing whether the process of determining foreign law should be different when the information given to...


Letters, Judges and Judiciary, Government

Bench diversity stats mislead on disabled numbers

Mar. 7, 2018
By Peter A. Lynch

Only two persons with disability were appointed to the bench in 2017 in the entire state of California. From 2011 to 2017, onl...


U.S. Supreme Court, Immigration, Government

More than 50 years ago, Congress firmly rejected the notion that putting America “first” means excluding “persons of different...


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

The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared lar...


U.S. Supreme Court, Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals

Supreme Court vs the Wild West

Mar. 6, 2018
By John C. Eastman

Not since the epic battle between the 9th Circuit and the U.S. Supreme Court over the execution of Robert Alton Harris a quart...


Appellate Practice

If you're a loser, act like it

Mar. 6, 2018
By Benjamin G. Shatz

Hoping someone else might take the laboring oar and benefit you is a tremendous longshot. If you're a loser, own it: Act like ...


U.S. Supreme Court, Environmental & Energy, Constitutional Law, California Supreme Court, California Courts of Appeal

Billionaire vs surfers case may go to high court

Mar. 6, 2018
By Bryan W. Wenter

Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.


Government, Environmental & Energy, Administrative/Regulatory

A recurring issue in land use litigation is an argument advanced by project opponents that environmental review under the Cali...


Letters, Judges and Judiciary, Government

Unfortunately, readers were given a partial, distorted snapshot of the unprecedented progress being made to diversify the benc...


Letters, Judges and Judiciary, Government

Brown made progress, but there's still work to do

Mar. 6, 2018
By Charles H. Jung

The numbers show that this governor has made significant progress. But while well represented in the California Supreme Court,...


U.S. Supreme Court, Labor/Employment, Civil Rights

Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.


Civil Litigation, Intellectual Property, Government

For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the mo...


Civil Litigation, Intellectual Property

It used to be the case that user-generated content was seen as free for the taking.


Civil Litigation, Law Practice, Appellate Practice

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


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Not my vote

Mar. 5, 2018
By Arthur Gilbert

For now, unless I have reason not to do so, all incumbent judges have my vote.


Civil Litigation, Insurance, California Courts of Appeal

A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claim...


Family

Bright people do unwise things

Mar. 5, 2018
By Jeffrey P. Blum

This axiom is on full display in one of the most interesting family law cases decided in 2017.


U.S. Supreme Court, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Sorry, we don’t take American Express

Mar. 2, 2018
By Jeremy K. Robinson

The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.