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


Letters, Government, Criminal

Column misrepresented Proposition 57

Jul. 14, 2017
By Alex L. Landon

The July 7 opinion piece, “Parole boards & public safety,” gives an erroneous portrayal of Proposition 57, which passed la...


Insurance, California Courts of Appeal

In spite of the Supreme Court’s continuing reaffirmation of the broad “potential for coverage” standard, policyholders continu...


Alternative Dispute Resolution

‘The Journey’ and the art of negotiation

Jul. 14, 2017
By Marc D. Alexander

A fictionalized account of the negotiations between Ian Paisley and Martin McGuinness leading to the 2007 power-sharing arrang...


Intellectual Property, Entertainment & Sports

With album revenues down, artists must brand

Jul. 14, 2017
By Delia Ramirez

Many artists are branching out of music and general merchandising to start businesses in related industries. To market and mon...


Intellectual Property, Ethics/Professional Responsibility

Leveling the playing field with patent pro bono

Jul. 14, 2017
By Benjamin A. Kimes, Erik Metzger

Let’s face it; it costs a lot to hire a patent practitioner. The cost of a patent practitioner is well beyond the means of a h...


Tax, Corporate

When audits become criminal investigations

Jul. 14, 2017
By Robert W. Wood

Tax audits are nobody’s favorite topic. Sometimes your number just comes up, although there are some things that make that mor...


California Supreme Court, Administrative/Regulatory

Ruling further erodes property rights

Jul. 14, 2017
By Jeremy B. Talcott

Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...


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

Missed opportunity in takings decision

Jul. 13, 2017
By Bryan W. Wenter

In Murr v. Wisconsin, the Supreme Court missed a golden opportunity to provide clear guidance on how to identify the relevant...


Intellectual Property, California Courts of Appeal

‘Inevitable disclosure’ of trade secrets

Jul. 13, 2017
By Tyler M. Paetkau

California courts have long rejected the doctrine as incompatible with state law, but recent decisions suggest it may be avail...


Corporate

It has become ever clearer that no technology is enough to defeat a determined hacker. The increasing sophistication of socia...


Mergers & Acquisitions, Corporate

Ruling clarifies ability to ratify corporate acts

Jul. 13, 2017
By Marc Boiron, Morgan McCombe

The Delaware Court of Chancery ruled that Section 204 of the General Corporation Law of the State of Delaware could not be use...


Government, Administrative/Regulatory

Bill is an opportunity killer

Jul. 12, 2017
By James J. McDonald Jr.

The governor should veto AB 1565, which would increase the threshold for being exempt from overtime requirements.


Corporate, Contracts, Administrative/Regulatory

It’s time to reform the False Claims Act

Jul. 12, 2017
By Matthew Zandi

The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.


California Supreme Court, Antitrust & Trade Reg.

Antitrust and the State Bar of California

Jul. 12, 2017
By Robert C. Fellmeth

It looks as if the California Supreme Court is taking a lead role in California and nationally to comply with applicable feder...


Corporate

Not-for-profits must recognize funds earlier

Jul. 11, 2017
By Megan Lisa Jones

New accounting standards address not-for-profit financial statements, while accelerating the recognition of incoming funds.


Government, Constitutional Law

Christie v. NCAA: What’s really at stake?

Jul. 11, 2017
By Christopher L. Soriano

A lawsuit brought by the state of New Jersey that sought to allow sports betting recently stepped onto the national stage.


Contracts, Construction, California Courts of Appeal

There are the plans, the specifications, the general conditions, the special conditions, the addenda, the prime contract, the ...


U.S. Supreme Court, Constitutional Law, Civil Rights

Second Amendment is not a second-class right

Jul. 11, 2017
By C.D. Michel

Does the right to bear arms extend outside the home? Last month, the Supreme Court declined to review a case that could have a...


Securities, Civil Litigation, Government, Corporate, Appellate Practice, Administrative/Regulatory

DC Circuit ruling confirms split on SEC’s use of in-house judges

Jul. 10, 2017
By Nicolas Morgan, Sam S. Puathasnanon

This decision confirms a circuit split over the legality of the SEC’s administrative proceedings under the appointments clause...


U.S. Supreme Court, Government

90 days of Neil

Jul. 10, 2017
By Julie A. Werner-Simon

What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.


California Supreme Court, Appellate Practice

The final word: civil law at the state high court

Jul. 10, 2017
By Joseph M. Lipner, Bj Ard

Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law.


Bankruptcy

9th Circuit decision addresses cramdown valuation

Jul. 10, 2017
By David S. Kupetz

The en banc panel addressed a cramdown plan where the central issue was the valuation of the secured creditor’s collateral whe...


Entertainment & Sports

Presidents and the American pastime

Jul. 10, 2017
By James Attridge

Herbert Hoover once said: “Next to religion, baseball has had a greater impact on our American way of life than any other Amer...


Ethics/Professional Responsibility

Summer associates: Beyond the cocktail party

Jul. 7, 2017
By David R. Carpenter, Bridget S. Johnsen

Being a summer associate is a fun time. They attend lunches and events while making an associate's salary but without the resp...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Partners, associates and ethics

MCLE
Jul. 7, 2017
By Shari L. Klevens, J. Randolph Evans

Some of the most difficult ethical issues arise not out of an attorney’s own conduct, but rather out of instances where an att...


Transportation, Corporate

Selling vehicles in Tomorrowland

Jul. 7, 2017
By Jonathan A. Michaels

There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jona...


Letters, Law Practice

Unlawful detainer judges favor landlords

Jul. 7, 2017
By Thomas M. Hall

Although the July 6 article on the Basta law firm's success in demanding jury trials ("LA tenant firm shakes up the system wit...


Government, Criminal

Parole boards & public safety

Jul. 7, 2017
By Eric Siddall

Ironically, the same governor who in 2016 supported giving the parole board this unfettered power by way of Prop. 57 was the o...


Law Practice, Judges and Judiciary, Appellate Practice

Don’t bite the hands that feed you

Jul. 7, 2017
By Nancy H. Vaidik, Rebecca Diaz-Bonilla

This scenario repeats itself over and over in courtrooms across America. Tone deafness and inflexibility have crashed many mot...


Constitutional Law, Civil Rights

Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...