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, Law Practice

Be careful what you post. It could cost you in court

Jun. 30, 2017
By Mark B. Simowitz

Jill’s lawyer finally fleshed out why the insurance company was not considering the surgery: His client had posted pictures of...


Intellectual Property, Corporate

Equity compensation is about retention

Jun. 29, 2017
By William E. Growney

The reality is that for most employees at most companies, a sale of the company may mean a new car or a down payment on a new ...


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

Travel ban ruling raises more questions

Jun. 29, 2017
By Hadar Aviram

On Monday, the U.S. Supreme Court issued decisions in several cases associated with the Trump administration's travel ban, rea...


Corporate

New accounting rule may lower perceived value of franchisors

Jun. 29, 2017
By Barry Kurtz, Christopher L. Passmore

Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...


U.S. Supreme Court, Civil Litigation, Appellate Practice

Time up for securities class action opt-outs

Jun. 29, 2017
By Anthony J. Dick, Christpher DiPompeo

In CalPERS v. ANZ Securities, the U.S. Supreme Court continued its trend of paring back class actions and enforcing strict tim...


Intellectual Property, Corporate

Proposed generic drugs legislation divides stakeholders

Jun. 29, 2017
By William Diaz, Michelle Lowery

The CREATES Act of 2017 is proposed bipartisan legislation targeting actions by brand name drug manufacturers that can delay e...


Tax, Criminal

After soccer star Cristiano Ronaldo was accused of criminal tax evasion, some sources suggested that his team would pay the $1...


Criminal, Appellate Practice, 9th U.S. Circuit Court of Appeals

9th Circuit ruling shows need to rein in civil forfeiture abuse

Jun. 28, 2017
By Scott A. Meiner, Mahesha P. Subbaraman

The 9th Circuit recently rejected the use of coordinated successive traffic stops by the police to search a motorist's vehicle...


Labor/Employment, Government, Constitutional Law

When a person's livelihood is at stake, the right to know the specific charges, identities of accusers and documents and othe...


Constitutional Law, California Supreme Court, Appellate Practice

Nice guys (get to keep their property after all)

Jun. 28, 2017
By Michael M. Berger

A recent Supreme Court opinion cabins an older decision that has been derided as both bad law and bad policy.


Securities, Mergers & Acquisitions, Corporate

IPOs: people, planning and critical path items

Jun. 27, 2017
By Sara L. Terheggen

Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...


Civil Litigation, Intellectual Property, Appellate Practice

Federal Circuit clarifies long-standing lost profits question

Jun. 27, 2017
By Chris Marchese, Liz Ranks

The robustness of lost profits has been undermined in recent years by an unsettled issue - whether patentees must apportion lo...


Civil Litigation, Law Practice, Judges and Judiciary

Contractual attorney fees fundamentals

MCLE
Jun. 26, 2017
By Matthew Ross

The objective of this article and self-study test is to review entitlement to attorney fees pursuant to contracts.


California Supreme Court, Appellate Practice

Maybe, but not necessarily, entitled to fees

Jun. 26, 2017
By Audra Ibarra

Or so the state high court said about contract attorney fees in cases dismissed on procedural grounds.


Government, Contracts

Bill is fair compromise on design professional liability

Jun. 26, 2017
By D. Creighton Sebra, Christopher J. Menjou

Earlier this year, Gov. Jerry Brown signed Senate Bill 496, modifies design professionals' contractual duty to defend.


Civil Litigation

Defend causation precedent in asbestos suits

Jun. 26, 2017
By Cory L. Andrews

California courts have increasingly watered down or altogether ignored the substantial-factor requirement.


Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

Brand owners rejoice at Google ruling

Jun. 26, 2017
By Simon J. Frankel, Ted Karch

The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."


Books

The mind makes up the world

Jun. 23, 2017
By Richard Wirick

In examining the building blocks of consciousness in his new book, "From Bacteria to Bach and Back," Dennett starts with billi...


David Grann has a way with creating razor-keen suspense out of already tension-filled historical narratives. "Killers of the F...


U.S. Supreme Court, Constitutional Law

Giving offense is a viewpoint

Jun. 23, 2017
By Blaine H. Evanson, Christina R.B. Lopez

The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...


Law Practice, Criminal

Criminal competency in California courts

MCLE
Jun. 23, 2017
By Christopher M. Honigsberg

The procedure for determining competency for a criminal defendant confuses many attorneys, even criminal attorneys.


Health Care & Hospital Law, Government, Administrative/Regulatory

Republican health care reform proposals have grave consequences for the millions of Americans, though Californians might be fa...


Ethics/Professional Responsibility

How to help lawyers who are in distress

Jun. 23, 2017
By J. Randolph Evans, Shari L. Klevens

The stigma surrounding substance abuse and depression often makes it difficult for those afflicted to ask for help or for thos...


Tax

Innocent, even careless mistakes can often be forgiven. Conduct that appears to be intentional, much less so.


Law Practice, Alternative Dispute Resolution

Co-mediation: When 2 heads are better than 1

Jun. 23, 2017
By Lynn Duryee, Jeane Struck

Sometimes the combination of retired judge and former attorney provides just the right medicine to get the job done.


U.S. Supreme Court, Corporate

Lingering questions following Escobar

Jun. 22, 2017
By Kimberly A. Dunne, Douglas Axel

One year ago, the U.S. Supreme Court endorsed the implied false certification theory under the False Claims Act.


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

Justices should hear 9th Circuit free speech case

Jun. 22, 2017
By Mitchell Keiter

The First Amendment's protection of conscience is more important than ever in this polarized age. The political majority can a...


Transportation, Government, Environmental & Energy, Administrative/Regulatory

Paris or no Paris, auto emissions may fall

Jun. 22, 2017
By Jeffrey Soble, Sarah Slack

U.S. auto manufacturers may be motivated to push ahead with green technologies regardless of the withdrawal from the Paris Agr...


Civil Litigation, Law Practice, Corporate

How to humanize a corporate defendant

Jun. 22, 2017
By Robert F. Tyson Jr.

Learning to personalize the corporate client by telling their story -- family, pride of ownership, community standing and more...


Appellate Practice, Administrative/Regulatory

Who is responsible for a house fire that occurs when a dog is left alone with combustible dog food on a stovetop: the dog's ow...