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


Insurance, Ethics/Professional Responsibility

Tips for minimizing your firm's malpractice exposure

Dec. 4, 2015
By J. Randolph Evans, Shari L. Klevens

In difficult economic times, current and former clients often look to attorneys — who they often perceive as "deep pockets" — ...


Government, Constitutional Law, Administrative/Regulatory

This past September, the ACLU did something unusual, filing a legal brief taking the federal government's side in a First Amen...


On Dec. 7, the Supreme Court will hear arguments in Franchise Tax Board of California v. Hyatt. On its face, Hyatt


Litigation

Libel law change good for publishers

Dec. 3, 2015
By Lee S. Brenner

A dispute involving an online media publisher has prompted to state Legislature and Gov. Brown to revise California's libel to...


On Wednesday, the U.S. Supreme Court will hear a case on whether states can require all health insurers, including employers w...


U.S. Supreme Court

At its Dec. 4 conference, the Supreme Court could decide whether to grant review of Mann v. United States, which presen...


Family, California Courts of Appeal

Ruling dishes on Family Code fee awards

Dec. 2, 2015
By Claudia Ribet

A recent appellate ruling wrestled with whether a trial court must differentiate between fee awards under the cost-shifting pr...


Transportation

Will the punishment fit VW's crime?

Dec. 2, 2015
By Jonathan A. Michaels

The Justice Department has an opportunity to restore faith in our government's ability to controle those it is charged with ma...


Perspective

Case could rock securities markets

Dec. 2, 2015
By Diane L. McGimsey

National settlement and clearing systems rely on regulatory consistency and stability to cheaply and efficiently settle millio...


A fight over tribal contract health care costs may seem incongruous in the larger scheme of things. But it is the larger schem...


U.S. Supreme Court

The U.S. Supreme Court has granted certiorari in a case which will decide whether a final judgment in a Federal Tort Claims Ac...


On Nov. 9, a 5th Circuit panel placed another roadblock in the way of President Barack Obama's ability to implement his latest...


Perspective

On Nov. 30, the Supreme Court will hear oral arguments in a case that will decide when federal employees in a workplace discri...


Tax

Living abroad, paying taxes in the USA

Nov. 28, 2015
By Robert W. Wood

Over 8 million Americans live and have bank accounts abroad. Many receive letters from their banks requesting U.S. tax ID numb...


Insurance

Clock is ticking for insurers to defend insured

Nov. 28, 2015
By Robert J. McKennon

Chaucer's proverb "better late than never" may provide a constructive maxim for human behavior, but it doesn't apply to an ins...


Perspective

The arc of history bends toward justice

Nov. 26, 2015
By Thomas M. Hall

Thanksgiving is a time for reflection; it might be useful to spend some time this year reflecting on the history and role of l...


The Supreme Court will consider if a sex offender's move overseas violates the Sex Offender Registration and Notification Act,...


Perspective

No easy answer to law school debt crisis

Nov. 26, 2015
By Stephen C. Ferruolo

There is no question that there is a law school debt crisis, but it can't be solved by pointing fingers and denegrating anyone...


Letters, Judges and Judiciary

Diversity discussion must include the disabled

Nov. 25, 2015
By Peter A. Lynch

The failure to include the disabled in diversity studies provides an incomplete analaysis of law firm practices and perpetuate...


Perspective

Fraud and collusion defenses can be risky

Nov. 25, 2015
By David B. Ezra

Courts generally summarily dispose of fraud and collusion defense when a neutral trial of fact is in play. By David B. Ezra ...


Intellectual Property

When not properly addressed from the outset, a dissolution between manager and artist can lead to a costly legal fight and unc...


Perspective

High court has chance to protect tribal sovereignty

Nov. 25, 2015
By Katherine Florey

Two Supreme Court decisions have made it tremendously difficult for tribes to uphold the law on their land, but in a case bein...


Airbnb, launched in 2008 to connect people with space to those who want to rent it, means renters and landlords galore, which ...


Military Law, Civil Litigation, Law Practice

Litigating with service members

MCLE
Nov. 23, 2015
By Mark E. Sullivan

Courts from time to time encounter parties to a lawsuit who are on active duty in the armed forces.


Intellectual Property

Are electronic transmissions 'articles'?

Nov. 24, 2015
By G. Brian Busey

Thanks to 3-D printing and other innovations, electronic data is a growing problem for owners of patents covering material goo...


U.S. Court of Appeals for the 9th Circuit

While the 9th Circuit's Alaska Wilderness League seems like a potential blockbuster, involving the oil industry and maj...


Labor/Employment

Three cases at the 9th Circuit examine whether federal labor law protects the right of employees to pursue class actions for w...


Perspective

A litigator in the jury box

Nov. 21, 2015
By David G. Arthur

Although the prospect of jury service was daunting, it was the most rewarding and educational month I've spent as an attorney....


Perspective

On your marks, get set, mediate!

Nov. 21, 2015
By Louis M. Marlin

To be successful, a mediation should start long before the formal gathering of the parties. By Louis M. Marlin ...


Civil Litigation, Intellectual Property, Entertainment & Sports

When is a car more than a car, Batman?

Nov. 21, 2015
By Stephen M. Doniger

If Bruce Wayne tried to buy a replica Batmobile, he might just hear the SLAP! of a lawsuit for copyright infringment.