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


Securities, Mergers & Acquisitions, Corporate

Weighing the IPO decision

Oct. 24, 2017
By Sara L. Terheggen

It would not surprise anyone to learn that more companies are staying private longer. While 2017 has seen an uptick in the num...


Labor/Employment, Corporate, Construction

Gov. Jerry Brown recently signed Assembly Bill 1701 to address labor wage liabilities owed by subcontractors.


Intellectual Property, Entertainment & Sports

Death of music rumors are greatly exaggerated

Oct. 24, 2017
By Bernard A. Burk

There are millions of registered musical works original enough for copyright.. Some were undoubtedly written by the very same ...


U.S. Supreme Court, Constitutional Law, Appellate Practice

The case no one is talking about

Oct. 23, 2017
By Ben Feuer

When the Supreme Court hears Patchak v. Zinke early next month, it will address one of the trickiest tensions in the Constitut...


Judges and Judiciary

Improving discovery dispute resolution in California state courts

Oct. 23, 2017
By Charles Stevens Crandall, Jeffrey Y. Hamilton Jr.

Discovery disputes rarely involve difficult questions of law. Many involve nothing more than intractable positions maintained ...


Civil Litigation, California Supreme Court, California Courts of Appeal

Can the internet provide reliable case-specific facts?

Oct. 23, 2017
By Thomas A. Delaney

The shockwaves from the unanimous California Supreme Court decision People v. Sanchez, 63 Cal. 4th 665 (2016), continue to rev...


Law Practice, Criminal

The National Association of Criminal Defense Lawyers has been the self-described "preeminent" criminal defense organization fo...


U.S. Supreme Court, Letters, Constitutional Law

The usual gun advocate apologia

Oct. 23, 2017
By Nathaniel J. Friedman

Donald Kilmer's cri de coeur, "Second Amendment is not a second-class right," (Oct. 17, 2017) is the usual apologia of the gun...


Civil Litigation, Law Practice, Judges and Judiciary, Alternative Dispute Resolution

We all agree on mediation confidentially

Oct. 20, 2017
By A. Marco Turk

This is rare: Both the organized plaintiffs' bar and the organized defense bar believe our current right to choose confidentia...


Civil Litigation, Environmental & Energy, Corporate, Administrative/Regulatory

New law makes modest changes to Proposition 65

Oct. 20, 2017
By Chris Micheli

The bill requires the attorney general to provide written notification that he or she does not believe there is merit to an en...


Law Practice, Ethics/Professional Responsibility

Alternative fee arrangements and ethics

Oct. 20, 2017
By Shari L. Klevens, Alanna G. Clair

One thing to keep in mind with regard to an alternative fee arrangement is to make sure everyone is talking about the same thi...


Civil Litigation, Alternative Dispute Resolution

The Arc of Mediation

Oct. 20, 2017
By Douglas G. Carnahan

Mediations -- successful ones anyway -- follow an "arc," or script of their own, and an understanding of the "mediation arc" i...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Cops are coming for your cellphone, again

Oct. 19, 2017
By Scott A. Sugarman

You may have thought the contents of your cellphone were private. Sadly, the very recent decision in People v. Sandee, 15 Cal....


U.S. Supreme Court, Government, Constitutional Law

Letting the democratic process work

Oct. 19, 2017
By Erwin Chemerinsky

The Supreme Court should hold in Gill v. Whitford that challenges to it can be heard in the federal courts and explain that d...


Securities, Corporate, Administrative/Regulatory

Growing risk of insider trading on data breaches

Oct. 19, 2017
By Joshua M. Robbins, Adam M. Sechooler

Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...


Labor/Employment, Corporate, Administrative/Regulatory

New salary history law raises new questions

Oct. 19, 2017
By Arthur F. Silbergeld

Assembly Bill 168, recently approved by Gov. Jerry Brown, prohibits an employer from asking a job applicant about salary his o...


Civil Litigation, Law Practice, Appellate Practice

The last thing a party challenging personal jurisdiction wants to do is slip into a general appearance and thereby "consent" t...


Labor/Employment, Corporate

Lessons from Delaware on noncompete best practices

Oct. 19, 2017
By Marc Boiron, Morgan McCombe

A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...


Labor/Employment, Corporate, Administrative/Regulatory

New parental leave mandate

Oct. 19, 2017
By Chris Micheli

Gov. Jerry Brown signed Senate Bill 63 to create a new unlawful employment practice related to parental leave. The bill create...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Eight.

Oct. 18, 2017
By Robert L. Bastian Jr.

The number Eight. This diatribe against the overuse of nondisclosure and confidentiality agreements is brought to you by Eight...


Law Practice, Ethics/Professional Responsibility

Passing the bar

Oct. 18, 2017
By Michael L. Stern

Today's rigorous law school admissions process and curriculum screen out those who aspire to be lawyers but lack the basic ski...


Civil Litigation, Intellectual Property, Corporate

Ruling will affect patent litigation strategies

Oct. 18, 2017
By Eliot D. Williams, Wayne O. Stacy

The U.S. Court of Appeals for the Federal Circuit recently addressed the burden of proving patentability of patent claims that...


Civil Litigation, Insurance, Corporate

An action brought against Montrose Chemical Corporation in 1990 has generated over 20 years of associated insurance coverage l...


Real Estate/Development, Corporate, Bankruptcy

The facts are undeniable. According to Credit Suisse, between 20 and 25 percent of the nation's shopping malls will close in t...


Tax, 9th U.S. Circuit Court of Appeals

Forest Whitaker case shows how not to deal with IRS

Oct. 17, 2017
By Robert W. Wood

As with some others in the entertainment world, Forest Whitaker has had a few tax problems over the years. His latest foray in...


Letters, Environmental & Energy, Criminal

District attorney upheld defendants’ rights

Oct. 17, 2017
By Gregory D. Totten

The Daily Journal reported the summary judgment in favor of the County of Ventura in a purported civil rights case. The articl...


Insurance

Property insurance policies typically cover the physical losses caused by fires, including damage and destruction of structure...


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

Beginning to see the light

Oct. 17, 2017
By Brian M. Hoffstadt

Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...


Criminal

IoT devices may testify against criminals in court

Oct. 17, 2017
By Anita Taff-Rice

In a fascinating case in Connecticut, the police earlier this year arrested a murder suspect based in large part on data colle...


Government, Constitutional Law, Civil Rights

As has been widely reported, President Donald Trump turned his attention to the First Amendment last week in the form of angry...