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...
This MCLE has expired.

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Civil Litigation, Environmental & Energy, Entertainment & Sports

Snarky ACLU brief is rhetorically misguided

Aug. 4, 2017
By Robert L. Bastian Jr.

Why is the ACLU even involved in the defamation case against John Oliver, brought after his talk show “Last Week Tonight” did ...


Alternative Dispute Resolution

Floccinaucinihilipilification

Aug. 4, 2017
By Robert S. Mann

No, that’s not a typo; it’s a word that means “the act or habit of estimating something as worthless.” Reminds me of mediation.


Environmental & Energy, Corporate

Bills leave unresolved cap-and-trade issues

Aug. 4, 2017
By Joshua A. Bloom, Timothy D. Cremin

The extension of the cap-and-trade program is a major milestone for the state’s greenhouse gas reduction program. However, it ...


Letters, Government, Criminal

What does the Legislature want to do now to increase anarchy in our state? Let everyone out of jail by eliminating the bail sy...


Tax

It helps to have a payroll company to ensure that your payroll taxes get pain — that is, until the payroll company itself star...


Administrative/Regulatory

In June, the Brewers Association — a nonprofit trade association representing the craft beer industry — launched a new “Indepe...


Letters, Government, Criminal

In her July 24 column, Michele Hanisee, heralded the California Supreme Court’s decision concerning the interplay of Propositi...


Military Law, Government, Constitutional Law, Civil Rights

Trump can’t fire transgender troops

Aug. 3, 2017
By Maureen Johnson

Refusing to allow transgender people to serve — and indeed, kicking to the ground those who already do — violates the equal pr...


Mergers & Acquisitions

A quick guide to VC investment in Germany

Aug. 3, 2017
By Robin Eyben

While U.S. VC activity appears to be in the middle of a self-correction period, the German venture market almost doubled in th...


Corporate

10 legal mistakes to avoid in your startup’s early stages

Aug. 3, 2017
By Katherine Fleming Ashton

In the fast-paced, high stakes startup environment in California, a company’s legal needs may seem a nuisance and not get the ...


Ethics/Professional Responsibility

A recent decision highlights the need to pay attention to the Rules of Professional Responsibility when handling privileged ma...


Intellectual Property, Corporate

Many businesses, especially those in the tech sector, spend a great deal of time and money obtaining patents to protect their ...


Government, Administrative/Regulatory

Catch up with byzantine cannabis regulations

Aug. 2, 2017
By Robert W. Selna

The state agencies responsible for issuing licenses spent the past several months convening public hearings and accepting writ...


Law Practice

Network like nobody’s watching

Aug. 2, 2017
By Hamid Yazdan Panah

Oftentimes, solo attorneys are faced with a difficult task of practicing law, managing a business, while continually promoting...


Government, Criminal

A smarter bail system

Aug. 2, 2017
By Margaret L. Carter, Daniel R. Suvor

Across the United States, millions of people have been incarcerated while awaiting a court date simply because they cannot com...


Letters, Government, Criminal

Distortions about prosecutorial misconduct

Aug. 2, 2017
By Marc Debbaudt

Defense attorney Michael Ogul recently wrote an opinion piece titled “A clearer prosecutor rule would benefit all.” Here’s my ...


Securities, Mergers & Acquisitions, Corporate

Looming specter: post-closing fraud claims

Aug. 1, 2017
By Eva Davis, James P. Smith

So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements — designed, respectively, to pr...


Government, Corporate, Administrative/Regulatory

Bill will ease joint employer rules

Aug. 1, 2017
By Michael J. Lotito, Missy Parry

On July 27, House Republicans unveiled a bill, the Save Local Business Act (H.R. 3441), that would amend two labor and employm...


Government, Constitutional Law

Newspapers, television and social media have been forums for recent commentary on whether President Donald J. Trump could use ...


Transportation

The truth about lithium

Aug. 1, 2017
By Jonathan A. Michaels

Lithium — the natural resource mined from the Earth’s crust — is perhaps the best-known commodity that people know the least a...


Government, Criminal, Administrative/Regulatory

Five plaintiffs that use medical cannabis to treat their ailments, recently filed suit to remove marijuana from its Schedule I...


Constitutional Law

Don’t tread on Trump’s Twitter

Jul. 31, 2017
By Kevin L. Vick

The president of the United States may block you if you do — but is he allowed to do that?


9th U.S. Circuit Court of Appeals

Food labeling cases may finally proceed

Jul. 31, 2017
By Jason D. Russell, Hillary A. Hamilton

A number of “natural” food labeling class actions have been lingering in California federal courts for some time, many waiting...


California Supreme Court

E-filing blues at the California Supreme Court

Jul. 31, 2017
By Thomas M. Hall

I thought, why not try the new e-filing system? Cutting down on paper copies, and not having to pay a filing service to cart a...


Criminal, Constitutional Law, California Supreme Court

A clearer prosecutor rule would benefit all

Jul. 28, 2017
By Michael Ogul

Prosecutors, individuals accused of crimes, and all Californians would be better served by making it clear that a prosecutor’s...


Government, Environmental & Energy

Recently, three California local governments filed lawsuits against 37 major energy companies, seeking damages for the compani...


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

9th Circuit has chance to vindicate First Amendment

MCLE
Jul. 28, 2017
By Mark Chenoweth

Does it violate the First Amendment for the state of California to force merchants who charge more to customers paying with cr...


Insurance

Groundbreaking cyber insurance decision

Jul. 28, 2017
By Peter S. Selvin

It is believed that this decision is the first which extends the concept of computer “use” or “violation” to the practice of “...


In one recent criminal tax case, a man and woman filing their taxes jointly got three years in prison — each. We’ll come back ...


Criminal, Civil Rights, Books

The human costs of a flawed legal system

Jul. 28, 2017
By Vaughn R. Walker

Former District Judge Vaughn R. Walker reviews Joel Cohen’s new book, “Broken Scales: Reflections on Injustice.”