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...
You have to be a subscriber to view this page.

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


Law Practice

Dealing with surprise at mediation

May 6, 2017
By Phillip K. Cha

No matter how prepared one is, sometimes new information still comes out for the first time during the mediation.


Ethics/Professional Responsibility

Imputation of conflicts of interest (Rule 1.10)

May 6, 2017
By Alison Buchanan

Among the new proposed Rules of Professional Conduct, Rule 1.10 represents, at least in part, a significant shift for Californ...


Law Practice, Health Care & Hospital Law, Administrative/Regulatory

Killing HIPAA

May 6, 2017
By Craig B. Garner

Today's war to save health care must make some difficult decisions. Seemingly drastic at first blush, getting rid of he Health...


Health Care & Hospital Law, Family, Administrative/Regulatory

Although the Affordable Care Act is still in place for now, the future of health care in the U.S. is uncertain. That uncertain...


State Bar & Bar Associations

...and justice for (those who can afford it)

May 5, 2017
By Jonathan A. Goldstein

Nineteen years ago California voters set in motion the dismantling of our state's judicial system and the resulting transfer o...


Law Practice

As a recent opinion shows, the private attorney general fee award is an asymmetric fee system.


Law Practice, State Bar & Bar Associations

Bar passage and social justice at Whittier

May 5, 2017
By Neil H. Cogan

Despite what some reports are saying, Whittier Law School is not closing because its students failed to satisfy the ABA's bar ...


Transportation, Administrative/Regulatory

Who controls low-altitude airspace?

May 5, 2017
By Jared Greenberg

The confusion stems from the FAA's position that the notion it does not control airspace below 400 feet is a "myth." ...


Law Practice, Labor/Employment

The Age Discrimination in Employment Act became law in 1967, but make no mistake: age discrimination is alive and well today. ...


U.S. Supreme Court, Native Americans

Lewis v Clarke blazes a trail

May 5, 2017
By Steven S. Kimball

The tribal sovereignty ruling, like the 19th century duo, the case explores ground already covered but has a dramatic impact.


Criminal, California Supreme Court, State Bar & Bar Associations

Prosecutor rule edit reflects concerns

May 5, 2017
By Gary Schons

It was fitting the that the California Supreme Court's first order responding to the proposed revisions to the Rules of Profes...


Law Practice, Ethics/Professional Responsibility

Don't let conflicts of interest get you down

MCLE
May 5, 2017
By J. Randolph Evans, Shari L. Klevens

After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...


Corporate

What startups need to know about D&O liability insurance

May 4, 2017
By Jonathan O'Connel, John O'Neill

Director and officer liability insurance is not the sexiest part of starting a startup, but venture capital investors may not ...


Bankruptcy

Non-debtor guarantors can run, but they can't hide

May 4, 2017
By Ronald N. Richards, Howard N. Madris

A corporate bankruptcy may slow down a creditor's action against the non-debtor guarantor, but it usually won't stop it.


Insurance policy provisions that give insurers who are defending claims against insureds unfettered discretion to settle is pr...


Government, Environmental & Energy, Corporate, Administrative/Regulatory

If all that matters to you is business, you might think cutting the Environmental Protection Agency's budget is good news. But...


Intellectual Property, Entertainment & Sports

The Copyright Act of 1976, which offers authors a second chance at ownership by providing a right to terminate a transfer, has...


Law Practice

Budget hints at less focus on homelessness

May 3, 2017
By Adam Murray

Voters in Los Angeles spoke loudly and clearly last November in support of a $1.2 billion bond to address homelessness. Unfort...


Criminal, Constitutional Law

When words have no meaning

May 3, 2017
By John C. Eastman

When state Legislatures can ignore initiative statutes by "redefining" the meaning of words, we no longer live under a governm...


Law Practice, Labor/Employment

The Brewers Association made headlines this April when it revised its Marketing and Advertising Code to address growing concer...


Intellectual Property

Executive orders may have impact on international operations

May 3, 2017
By Melissa Proctor, Todd M. Malynn

Two recent orders are intended to combat unfair trade practices and protect intellectual property rights.


U.S. Supreme Court, Constitutional Law

Since today's hot news is tomorrow's fireplace kindling, public record's request delays can be tantamount to denial. ...


Judges and Judiciary, Civil Litigation

The Special Verdict Paradox: Part II

May 3, 2017
By Michael J. Raphael

Is there a way that a rational civil jury can find on a special verdict form that a plaintiff has proven all the elements of a...


SB 10 and AB 42 will upend the entire statewide pretrial detention system and bypass the valuable input of the upcoming judici...


Judicial Profile

Mark Kim

May 3, 2017
By Arin Mikailian

LA County Judge Mark Kim says attorneys can count on his predictable decision-making.


Probate, Government

Apple recently denied Peggy Bush access to her deceased husband, David's, Apple ID password so she could reload an already pur...


Transportation

The Tesla Bubble

May 2, 2017
By Jonathan A. Michaels

Tesla Inc. -- the famed electric car company named after Serbian physicist Nikola Tesla -- has done what many considered to be...


U.S. Supreme Court, Government

One hundred days of Trump

May 2, 2017
By David DeGroot

In style, Trump's administration is a remarkable departure from modern presidential history.


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

This decision represents an apparent departure from prior jurisprudence on this issue, and a return to a holistic consideratio...


Government, Administrative/Regulatory

Ballot initiative fails to address subset of inmates

May 2, 2017
By Sharif E. Jacob, Andrea Nill Sanchez

Proposition 57 as currently written will do little (if anything) to reduce overcrowding caused by parole eligible life-term in...