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California Courts of Appeal

Summary judgment: no longer a disfavored remedy

Mar. 18, 2017
By Josh McDaniel

A recent California Supreme Court decision might seem to be a simple opinion about the exclusion of undisclosed expert witness...


Tax

To disclose or not to disclose on your tax return

Mar. 17, 2017
By Robert W. Wood

Tax preparers and tax advisers talk a lot about "disclosure." Tax people use the term as if it is something you sometimes have...


U.S. Supreme Court

John Marshall Harlan's inkstand

Mar. 17, 2017
By Hirbod Rashidi

A labor of love of Ruth Bader Ginsburg has been to give the wives of the U.S. Supreme Court justices their due credit in how t...


Transportation

Regulators are shifting gears on autonomous vehicles

Mar. 17, 2017
By Michael J. Reynolds, Jason A. Orr

California is changing its approach to AVs with the release of new proposed regulations.


Mergers & Acquisitions, Corporate

Clarity on the right to inspect books

Mar. 17, 2017
By Marc Boiron

A recent decision out of Delaware provides clarity stockholders of a company contemplating a merger. ...


U.S. Supreme Court

Qualified immunity and Neil Gorsuch

Mar. 17, 2017
By Robert L. Bastian Jr.

An opinion which raises concern among those weighing President Donald J. Trump's first U.S. Supreme Court nomination is one un...


Criminal, Constitutional Law

Searching a probationer's electronic devices

MCLE
Mar. 17, 2017
By Alison M. Tucher

Under what circumstances do the Constitution and case law allow warrantless searches of electronic devices owned by probatione...


No one wants to fight with the Internal Revenue Service or the California Franchise Tax Board. Both agencies audit, and both c...


Intellectual Property

Beware relaxed standards for patent application revival

Mar. 16, 2017
By Amir A. Tabarrok, Justin W. Zahr

With the softening of the standards required to revive abandoned patent applications, there may be implications concerning ine...


In its analysis under Alice, in a recent case the Federal Circuit distinguished the present case from Enfish and Bascom Global...


Perspective

Door opens to reversing no-impeachment rule

Mar. 16, 2017
By Jeffrey A. Aaron

The interest in preserving the frank discussion of jurors should not protect the expression of bias we would not permit elsewh...


Public Interest

Nonprofits: don't jeopardize exempt status

Mar. 16, 2017
By Erin Bradrick

In this politically charged environment, it's good to review what exempt organizations can and cannot do. By Erin Bradrick ...


U.S. Supreme Court, Criminal, Constitutional Law

The unbreakable structure of structural errors

Mar. 16, 2017
By Brian M. Hoffstadt

The approach the Supreme Court takes in an upcoming case may affect how ineffective counsel claims are litigated.


Data Privacy

Data ownership is an evolving concept

Mar. 15, 2017
By John Pavolotsky

People have been compiling and distributing data for a long time. However, in recent years, as our ability to capture and tran...


Law Practice, Corporate

Leading the legal charge at fast growing companies

Mar. 15, 2017
By Olga V. Mack, Katia Bloom

When it comes to expedited learning, few opportunities are better than working as in-house legal counsel at a fast-growing com...


Transportation

Looming legal battle over Bullitt Mustang

Mar. 15, 2017
By Jonathan A. Michaels

Last week, the famed Mustang that Steve McQueen drove in the 1968 movie "Bullitt" was found, after having gone missing some 49...


Obituaries

Banks Albach, who covered corporate law at the Daily Journal for the past two years, died last Wednesday of complications due ...


Judicial Profile

Kathleen Lewis

Mar. 15, 2017
By Arin Mikailian

San Diego County Judge Kathleen Lewis, an ex-prosecutor, says she is less cynical on the bench.


Tax

IRS has special agents, too

Mar. 14, 2017
By Robert W. Wood

The IRS recently raided Caterpillar's headquarters over its offshore tax practices. As the investigation plays out, it is wort...


Civil Rights

Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...


Judges and Judiciary

Lawyer, lawyer pants on fire

Mar. 14, 2017
By Dan Lawton

Today I paused over a recent headline that read: "Lawyer's Pants Catch Fire During Florida Arson Trial." By Dan Lawton ...


Law Practice

'Dance with the one that brought you'

Mar. 14, 2017
By Charles M. Kagay

The 9th Circuit has just extended Shania Twain's sage advice to the arcane world of subject matter jurisdiction. By Charles Ka...


Racism allowed on movie sets?

Mar. 14, 2017
By Steven J. Kaplan

A Court of Appeal recently held that a black supervisor's verbal assault — including several racial slurs — against a black su...


U.S. Supreme Court, Criminal, Constitutional Law

For all too long, the U.S. Supreme Court has refused to recognize the pervasiveness and insidiousness of racism in criminal ju...


Judicial Profile

Kathryn Solorzano

Mar. 12, 2017
By Arin Mikailian

Los Angeles County Judge Kathryn Solorzano wins plaudits for her thorough treatment of cases.


Law Practice

Winning is not the only thing. You do have to compromise -- even compromise your ideals. You do need to walk away from fights....


Law Practice

Attorney fees system is bad for us all

Mar. 11, 2017
By Richard A. Schulman

The issue has history: In Britain, the loser of a lawsuit pays the attorney fees of the winner. The "American rule," by contra...


Ethics/Professional Responsibility

Protect privileged data, or pay the price

Mar. 11, 2017
By Ann S. Lee

There are no clear rules on what security measures a lawyer must take to protect confidential emails or other electronically s...


Law Practice

When reentering the U.S., Customs and Border Protection officers can detain you for a number of different reasons. It doesn't ...


Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

Winters rights apply to groundwater, too

Mar. 11, 2017
By Josh Patashnik

This week the 9th Circuit held, as a matter of first impression, that the so-called "reserved rights" doctrine applies to grou...