California Courts of Appeal
Summary judgment: no longer a disfavored remedy
By Josh McDaniel
A recent California Supreme Court decision might seem to be a simple opinion about the exclusion of undisclosed expert witness...
Tax preparers and tax advisers talk a lot about "disclosure." Tax people use the term as if it is something you sometimes have...
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
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
By Marc Boiron
A recent decision out of Delaware provides clarity stockholders of a company contemplating a merger. ...
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
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
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...
Decision is the latest chapter in the Alice progeny
By Steve Bachmann
In its analysis under Alice, in a recent case the Federal Circuit distinguished the present case from Enfish and Bascom Global...
The interest in preserving the frank discussion of jurors should not protect the expression of bias we would not permit elsewh...
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
By Brian M. Hoffstadt
The approach the Supreme Court takes in an upcoming case may affect how ineffective counsel claims are litigated.
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
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...
Last week, the famed Mustang that Steve McQueen drove in the 1968 movie "Bullitt" was found, after having gone missing some 49...
Obituaries
Daily Journal reporter known for music, billiards expertise dies
By Craig Anderson
Banks Albach, who covered corporate law at the Daily Journal for the past two years, died last Wednesday of complications due ...
San Diego County Judge Kathleen Lewis, an ex-prosecutor, says she is less cynical on the bench.
The IRS recently raided Caterpillar's headquarters over its offshore tax practices. As the investigation plays out, it is wort...
Civil Rights
Third-party standing as an ADA accommodation on appeal
By Thomas F. Coleman
Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...
Today I paused over a recent headline that read: "Lawyer's Pants Catch Fire During Florida Arson Trial." By Dan Lawton ...
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?
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
Decisions show increased attention to racism in criminal trials
By Erwin Chemerinsky
For all too long, the U.S. Supreme Court has refused to recognize the pervasiveness and insidiousness of racism in criminal ju...
Los Angeles County Judge Kathryn Solorzano wins plaudits for her thorough treatment of cases.
Winning is not the only thing. You do have to compromise -- even compromise your ideals. You do need to walk away from fights....
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
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
State Bar should issue opinion on client data and travel
By Mark A. Larouche
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
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...