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


Intellectual Property

Patent derivation at the Federal Circuit

Apr. 5, 2017
By Vikram Iyengar

A recent decision is likely to be one of the last times the U.S. Court of Appeals for the Federal Circuit reviews a district c...


Bill could spell big changes for class action litigants

Apr. 5, 2017
By Arthur F. Silbergeld

The House recently passed the Fairness in Class Action Litigation Act, which would add eight new sections to the Consumer Clas...


Perspective

Why is that a standard term?

Apr. 5, 2017
By Scott M. Wornow

When someone says a deal term is "standard," ask why. Then ask why again. By Scott Wornow ...


Civil Litigation, Intellectual Property

The legal status of online reviews

Apr. 5, 2017
By Jean-Paul Jassy

Recent developments shed light on the legal protections afforded online reviews and the hosting sites that post them. ...


Administrative/Regulatory

Address housing costs with balance

Apr. 5, 2017
By Jeffrey McCoy, Jeremy B. Talcott

The California Supreme Court just added unnecessary delay and expense to a sorely needed development project while 1,375 futur...


Transportation

Generation Next and the mileage crossover point

Apr. 4, 2017
By Jonathan A. Michaels

While most agree that our future will be filled with autonomous vehicles, the road to get there will be complicated and thorny.


Insurance

A recent ruling serves as a stern warning to insurers that absent a true "final adjudication," they must continue to pay defen...


An IRS ruling on an issue is clearly best if you can get it. Yet, you can't always get it. What's more, in some cases it can b...


Appellate Practice

Writs: Part III

Apr. 4, 2017
By Myron Moskovitz

My last two columns explored the substance of extraordinary writs, but form also matters.


Judges and Judiciary

A perfect layup

Apr. 4, 2017
By Arthur Gilbert

You never know who's going to read your column. It could even be someone like Shaquille O'Neal. ...


Judicial Profile

Marguerite Downing

Apr. 4, 2017
By Arin Mikailian

LA County Judge Marguerite Downing talks to the juveniles in her courtroom about their futures.


Constitutional Law, Administrative/Regulatory

An assault on religious principles

Apr. 3, 2017
By William J. Becker Jr.

First, and overreach by Attorney General Xavier Becerra, and now a state law restricting religious institutions.


Constitutional Law, Administrative/Regulatory

Congress took away our internet privacy rights

Apr. 3, 2017
By Ernesto Omar Falcon

For 20 years, you had a legal right to tell your cable and telephone company "no" when it came to profiting from the sale of y...


Judicial Profile

Robert P. Applegate

Apr. 2, 2017
By Arin Mikailian

LA County Judge Robert P. Applegate focuses on settling cases but tries to stay out of the way.


Law Practice

Wonder what it's like to be a judge for a day?

Apr. 1, 2017
By Jonathan A. Goldstein

Service as a judge pro tem is a unique opportunity to observe firsthand how the wheels of justice work. By Jonathan Goldstein ...


Perspective

It's settled: Mediation works in family law

Apr. 1, 2017
By Mitchell A. Jacobs

It's settled: participating in mediation early on in divorce proceedings is more cost effective, less time consuming and amica...


Labor/Employment

Local measures may grow into state law

Apr. 1, 2017
By Benjamin M. Ebbink

Cumbersome local employment ordinances with barely any track record may become state law unless legislators put on the brakes....


Intellectual Property

Coachella is about more than music

Apr. 1, 2017
By Christine B. Redfield

According to a recent lawsuit, the Coachella Music Festival is also about reining in fast fashion's desire to make a quick buc...


Judges and Judiciary

"Opening a new set of briefs is like opening the daily newspaper," Aldrich said, preparing to end almost 23 years on the appel...


Civil Litigation, Intellectual Property

Inside the DMCA's black box

Mar. 31, 2017
By Jennifer M. Urban

Does the notice and takedown system -- which limits online service providers' responsibility to police their services for copy...


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

Internal whistleblower reports are protected

Mar. 31, 2017
By Stephen L. Cohen, W. Hardy Callcott

A divided 9th Circuit panel said a company's retaliation for internal reports is actionable under Dodd-Frank.


Health Care & Hospital Law, Government, Administrative/Regulatory

Affordable Care Act gets an uncertain prognosis

Mar. 31, 2017
By Michael C. Parme, Theresa M. Wynne

It remains to be seen whether a replacement plan will succeed; in the meantime, an ACA checkup is in order. ...


Labor/Employment, Immigration

Protecting immigrant workers' rights

Mar. 31, 2017
By Kati L. Griffith

States can do more to protect unauthorized immigrant workers' rights, particularly in light of inadequate federal support. ...


Government

Politics, law and women's health

Mar. 31, 2017
By Deborah L. Rhode

The Trump administration's agenda could make a bad situation worse and place women's reproductive autonomy at increased risk. ...


Civil Litigation, Bankruptcy

When courts can approve structured dismissals

MCLE
Mar. 31, 2017
By David S. Kupetz

In bankruptcy courts as on the playground, everyone has to wait their turn, says the U.S. Supreme Court. No cutting allowed in...


Should you file an amended return, and what are the pitfalls?


U.S. Supreme Court, Intellectual Property

New copyright test may not be the final chapter

Mar. 30, 2017
By Elliot N. Brown

One wonders whether the Supreme Court's new test will resolve or replicate the puzzles that led to this decision.


Insurance

An insurer's duty to indemnify for a settlement

Mar. 30, 2017
By Kirk A. Pasich

As one court has stated, "even if the insurer has not denied coverage or refused to defend, the insurer has a duty to accept a...


California Supreme Court

The art of the duel: the original ADR

Mar. 30, 2017
By James Attridge

Long before dueling banjos, there were dueling people, including dueling politicians. ...


Government, California Supreme Court

Jerry Brown's legacy at the high court

Mar. 30, 2017
By Joseph R. Grodin

In August, Jerry Brown will have the opportunity to appoint his 11th Supreme Court justice. But the numbers aren't the end of ...