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, California Supreme Court, Appellate Practice

Can you DIG it, California Supreme Court?

Sep. 18, 2017
By Myron Moskovitz

Not long ago, the California Supreme Court came down with a rather strange decision. What was strange was not the holding, but...


U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court

Collective bargaining squares off against arbitration

Sep. 18, 2017
By Brian S. Kabateck, Natalie S. Pang

In its October term, the U.S. Supreme Court will revisit whether the collective bargaining provisions of NLRA prohibit enforc...


Civil Litigation, California Supreme Court, Appellate Practice

A paradigm shift on experts and hearsay in civil cases?

MCLE
Sep. 18, 2017
By Gary A. Watt

The California Supreme Court recently overruled its prior authority permitting an expert’s opinion to rely on case-specific fa...


Law Practice, Government, Criminal

Franklin D. Roosevelt: Special Prosecutor

Sep. 18, 2017
By James Attridge


Civil Litigation, California Courts of Appeal, Appellate Practice

Generally, be specific when pleading your case

Sep. 18, 2017
By David J. Ozeran

The obvious lesson to be learned from a recent ruling is that care must be taken in pleading each theory of liability a plaint...


California Supreme Court, State Bar & Bar Associations

One bar exam is enough

Sep. 15, 2017
By Joseph Robert Giannini

The California Supreme Court should join the vast majority of other state supreme courts that have adopted reciprocal admissio...


California Supreme Court, State Bar & Bar Associations

Pass score should be a valid minimum standard

Sep. 15, 2017
By Mitchel L. Winick

The California Accredited Law Schools have filed a letter brief with the California Supreme Court supporting lowering the mini...


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

Jumping the gun on arbitrability in the 9th Circuit

MCLE
Sep. 15, 2017
By Michael S. McCauley, Daniel D. McMillan

Counsel should not assume that a general choice-of-law clause will dictate what law applies to threshold arbitrability issues ...


Civil Litigation, Labor/Employment, Civil Rights, Books

How courts undermine discrimination law

Sep. 15, 2017
By Charlotte Fishman

In their new book, Professors Sandra Sperino and Suja Thomas explain why individual cases alleging disparate treatment, harass...


Ethics/Professional Responsibility

Public relations and attorney-client privilege

Sep. 15, 2017
By Neville L. Johnson, Douglas L. Johnson

PR firms are frequently used in entertainment litigation for many reasons, including to develop a litigation strategy or plan ...


Government, Constitutional Law

Our flawed, millennial founders

Sep. 14, 2017
By Thomas M. Hall

This Sunday, September 17, 2017, is the 230th anniversary of the signing of the original version of the U.S. Constitution, to ...


Tax, Government, Corporate, Administrative/Regulatory

Charitable giving and nonprofits during disasters

Sep. 14, 2017
By Erin Bradrick

During the last week of August, we saw Hurricane Harvey pummel parts of Louisiana and Texas, including the city of Houston, ca...


Tax, Government

What real tax reform should look like

Sep. 14, 2017
By Ira L. Shafiroff

Here is a suggestion that would be a boom to workers, corporations and the economy: Abolish the income tax and replace it with...


Tax, Civil Litigation, Government, California Supreme Court

How high court ruling may lead to local tax mischief

Sep. 14, 2017
By Marty Dakessian, Ruben Sislyan

Unfortunately, this is not a scare tactic, but a very real possibility. A city looking to impose a new tax or increase an exis...


Civil Litigation, Intellectual Property, Entertainment & Sports

Tattoos & copyright law

Sep. 14, 2017
By Delia Ramirez

I doubt many people consider about the legal consequences attached to displaying someone’s art on their skin. However, nowaday...


Corporate

Two recent amendments have important practical implications for private corporations and create a framework for significant ch...


Civil Litigation

When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...


Law Practice, Civil Litigation, Appellate Practice

Proposed laws would address voir dire, motion practice

Sep. 13, 2017
By Nancy Drabble, Saveena Takhar

Two bills were sent to the governor’s desk last week reforming civil procedure — Senate Bill 658 relating to voir dire, and As...


Tax, Banking

Cryptocurrency transactions may get tax relief

Sep. 13, 2017
By Robert W. Wood

A bipartisan bill, the CryptoCurrency Tax Fairness Act of 2017, was introduced in the House by Rep. Jared Polis (D-Colo.) and ...


Labor/Employment

At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...


Immigration, Government, Constitutional Law

DACA creators ignored APA, too

Sep. 12, 2017
By John C. Eastman

In ordinary times, and in most courts, this suit (and the me-too suit filed by California’s attorney general on Monday) would ...


Intellectual Property

The art of protecting fashion designs

Sep. 12, 2017
By Dariush Adli

Protecting innovation in apparel fashion design has long been a challenge for Congress, which has repeatedly considered, but f...


Civil Litigation, Construction

Insurance and indemnity provisions are the primary risk-shifting tools for owners and contractors. Sometimes, though, insuranc...


Environmental & Energy, Administrative/Regulatory

This is likely to affect everyone in the supply chain from growers to manufacturers, to distributors to retailers.


Judges and Judiciary, Government

Every judge is free (from what?)

Sep. 11, 2017
By Richard A. Schulman

The concept of judicial independence has been in the news a lot lately. But seldom do people ask: Independent from what? And w...


Government, Education Law, Civil Rights, Administrative/Regulatory

Changing sexual assault rules: wrong time, wrong way

Sep. 11, 2017
By Barbara S. Bryant

Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault.


U.S. Supreme Court, Civil Litigation

Roadblocks to mass actions

Sep. 11, 2017
By Brian S. Kabateck, Nicholas R. Moreno

In light of recent U.S. Supreme Court rulings, the plaintiffs’ bar will have to adapt its approach to national mass actions.


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

Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.


Law Practice, Ethics/Professional Responsibility

Emails, e-fails and risks to sanity

Sep. 8, 2017
By Louie H. Castoria

Civility aside, lawyers have professional concerns about their use and abuse of email. Here are a few.


Civil Litigation, Alternative Dispute Resolution

For many reasons, it is usually advantageous to have an arbitration award confirmed in California state court. But not always.