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


A young attorney reconciles a bitter time from childhood.


Billions of web devices pose a challenge to regulators


Most married couple file a joint return, but it's not always the best strategy.



U.S. Supreme Court, Civil Litigation, Labor/Employment

The Supreme Court just granted certiorari in a case involving what 'equitable relief' means as used in the Employment Retirem...


U.S. Supreme Court, Tax, Corporate

The battle of states and online retailers

Mar. 26, 2015
By Darien Shanske

Without doubt online retailers won a significant victory at the U.S. Supreme Court earlier this month. But will it last? ...


Civil Litigation, California Courts of Appeal, Appellate Practice

Lessons from appeals of nonappealable 'judgments'

Mar. 26, 2015
By Alana H. Rotter

What's in a name? When it comes to determining whether a trial court ruling titled "judgment" is appealable, not much.


U.S. Supreme Court, Intellectual Property

Litigation before trademark appeal board just got real

Mar. 26, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

On Tuesday, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board may have a preclusive effect on...


U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice

Three appeals ready for argument call on the 9th Circuit to decide the same issue confronted by the state Supreme Court in ...


U.S. Supreme Court, Intellectual Property

The U.S. high court's affirmation of the jury's role in deciding mixed questions of law and fact is likely to resonate in the ...


Government, Alternative Dispute Resolution, Administrative/Regulatory

Fighting against forced arbitration

Mar. 25, 2015
By Elise R. Sanguinetti

Earlier this month, the Consumer Financial Protection Bureau released a report that spelled what many have argued for years: F...


Law Practice, Criminal, Constitutional Law

Bruton rule in a post-Crawford world

MCLE
Mar. 23, 2015
By Thomas Rubinson

Acquaint yourself with limits to admission of a defendant's statements in multiple defendant trials, and to explore redaction ...


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

Will 'Blurred Lines' bury artistic freedom?

Mar. 24, 2015
By Glen A. Rothstein

The verdict, with the odds seemingly stacked against the Gaye estate, could redefine what copyright infringement means for rec...


Civil Rights, Administrative/Regulatory

Make online education accessible to all

Mar. 24, 2015
By Howard Rosenblum

Netflix eventually agreed to caption all its content - and online education should follow suit. ...


Law Practice, Ethics/Professional Responsibility

Lawyers routinely use smartphones, tablets and other devices to perform legal work, which translates into speed and convenienc...


In a case the U.S. Supreme Court will soon decide, the justices should overturn the 7th Circuit's ruling that courts are prohi...


U.S. Supreme Court

Workers need access to swift resolution of cases

Mar. 21, 2015
By Jennifer Reisch

If the U.S. Supreme Court rules that courts can review the EEOC's conciliation activities, it will have strong negative reperc...


Law Practice

Admit the confession heard 'round the world?

Mar. 20, 2015
By Mathew S. Rosengart

"What the hell did I do? Killed them all, of course," Robert Durst muttered to himself during a bathroom break at the conclusi...


Criminal

States are scrambling to update their penal codes to address the revenge porn phenomenon; in the meantime, victims might consi...


Administrative/Regulatory

Data breach laws in motion

Mar. 19, 2015
By Mary Ellen Callahan, Heidi L. Wachs

State and federal data breach laws are ever evolving these days. ...


Labor/Employment

Employers can't stop harassment if it doesn't exist

Mar. 18, 2015
By Timothy D. Reuben, Michael Hirota

A recent decision provides welcome guidance about when an employer is liable for failing to prevent sexual harassment or discr...


Constitutional Law

Protect student speech

Mar. 18, 2015
By Erwin Chemerinsky

Next week, the U.S. Supreme Court will consider whether to grant review in an important case concerning student speech. ...


Environmental & Energy

Ruling complicated use of CEQA's categorical exemptions

Mar. 17, 2015
By Donald E. Sobelman, Nicole M. Martin

Some exemptions from CEQA do not apply if there's a reasonable possibility of a significant effect on the environment due to u...


Law Practice

The law of the sharing economy

Mar. 17, 2015
By Michael A. Troncoso

As a recent misclassification case against ride-sharing service Lyft shows, our labor laws were written for a different centur...


Alternative Dispute Resolution

A scoop of mint chocolate chip mediation

Mar. 14, 2015
By Jill Switzer

Picking a mediator can be overwhelming - kind of like standing in front of the supermarket ice cream freezer. ...


Intellectual Property

Can I trademark this sick song lyric?

Mar. 14, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

Taylor Swift recently made headlines for attempting to register her song lyrics as trademarks. By Jocelyn M. Belloni and Sharo...


Civil Litigation, Government, Contracts, Construction

A court recently held the plaintiffs could state a cause of action if the winning bidder was able to submit a lower bid becaus...


Intellectual Property, Administrative/Regulatory

Biosimilar approval a groundbreaking step

Mar. 14, 2015
By Michelle Rhyu, Susan Krumplitsch

The Food and Drug Administration recently approved the first biosimilar drug for use in the United States. By Michelle Rhyu an...


Intellectual Property

Converse is kicking out the competition

Mar. 13, 2015
By Nicholas A. Rozansky

The shoemaker recently dropped a legal bombshell on dozens of companies, claiming they are infringing upon signature elements ...


U.S. Supreme Court, Labor/Employment

A case pending in the U.S. Supreme Court could alter the legal landscape for public sector labor unions. ...