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

Indirect patent infringement, by inducement, isn't a strict liability offense, so companies with a good-faith belief that thei...


How to Rekindle Pride in the Legal Profession


The Past and Future of Civil Legal Aid in the United States


Five attorneys discuss their game plans for handling student debt.


Judges and Judiciary

Ordered recusal of immigration judge boggles the mind

Dec. 11, 2014
By Majed Dakak, Bruce J. Einhorn

Our nation's courts are best served when filled by diverse qualified jurists applying their unique perspective and understandi...


Prevent the need for massive auto recalls

Dec. 11, 2014
By Brian S. Kabateck, Hrag Kouyoumjian

The automotive world is under siege as unrelenting media coverage exposes more details about a massive, worldwide recall invol...


Corporate, Contracts

UCC: a forgotten code in asset purchase transactions

Dec. 10, 2014
By Keith Paul Bishop

he Uniform Commercial Code has become the "forgotten code" when it comes to agreements to acquire a business in an asset purch...


Law Practice, State Bar & Bar Associations

Drop the MBE. I repeat, drop the MBE

Dec. 10, 2014
By Ira L. Shafiroff

The July California bar exam results are not good: Only 48 percent of first-time takers passed, the lowest rate in 10 years. B...


Government, Criminal

Watching the idea we are a nation of laws unravel

Dec. 9, 2014
By Ara R. Jabagchourian

There has been a troubling trend developing for some time regarding perceptions of who the law serves in our society - and it ...


Intellectual Property, Entertainment & Sports

Turtles copyright battle gets Sirius

Dec. 9, 2014
By John F. Stephens

On Nov. 14, Sirius XM was hit with a difficult-to-tune-out court ruling in favor of the 1960s rock band the Turtles in a dispu...


Judges and Judiciary

A tale of 'death' during the holidays

Dec. 9, 2014
By Arthur Gilbert

When you are arguing a case and the judge is staring into space, seemingly shutting you and your argument out of her conscious...


Civil Litigation

California courts continue to chip away at-will doctrine

Dec. 6, 2014
By Timothy D. Reuben, Michael Hirota

While it's now codified in the California Labor Code, there has long been judicial protection for those wrongly accused of, an...


Ethics/Professional Responsibility, State Bar & Bar Associations

Reinvent the State Bar of California

Dec. 6, 2014
By Teresa J. Schmid

If history is any guide, these are times that could try the soul of the State Bar.


Letters, Judges and Judiciary

Summing up Brown's picks in one sentence

Dec. 4, 2014
By Nathaniel J. Friedman

Retired Justice Rick Sims' well-thought out article might well be summed up in a single sentence: "If you loved Rose Bird, you...


Letters, Judges and Judiciary

Lack of experience is actually quite common

Dec. 4, 2014
By Aashish Y. Desai

Not until President Dwight Eisenhower was in office did an issue arise over appointing only justices with prior judicial exper...


Environmental & Energy

Double whammy for state fuel suppliers

Dec. 4, 2014
By R. Morgan Gilhuly, Christopher D. Jensen

The California Air Resources Board is poised to readopt the Low-Carbon Fuel Standard regulation in early 2015.


Law Practice, Ethics/Professional Responsibility

Privileges when law firms seek advice

Dec. 4, 2014
By Stephen L. Raucher

Do a law firm's fiduciary and ethical duties to its current clients trump the attorney-client privilege? Last month, a Califor...


Letters, State Bar & Bar Associations

No one benefits from making the bar look bad

Dec. 3, 2014
By Timothy D. Reuben

Typically a plaintiff's lawyer in a wrongful termination lawsuit does not publish articles arguing his case to the public. But...


The post-judgment 'golden hour'

Dec. 3, 2014
By Paul D. Fogel, David J. de Jesus

The immediate aftermath of an adverse judgment can be chaotic and it is easy to lose sight of the procedural requirements for ...


Environmental & Energy, California Supreme Court

CEQA exemptions on trial at high court

Dec. 2, 2014
By Arthur F. Coon

The California Supreme Court is finally poised to hear and decide a landmark California Environmental Quality Act, or CEQA, ca...


Judges and Judiciary

Kruger lacks the necessary experience

Dec. 2, 2014
By Rick Sims

As a retired judge who spent 30 years in the California judiciary, I oppose the appointment of Leondra Kruger to the Californi...


Law Practice

If you need a laptop that is not too heavy, easy to travel with, powerful and a long lasting battery, you might want to look i...


Criminal

Protecting a victim's right to counsel

Nov. 29, 2014
By Antonio R. Sarabia II

California Attorney General Kamala Harris is to be congratulated on her recent reelection. She has been a powerful and effecti...


Intellectual Property, Entertainment & Sports

Stairway to Heaven, or to the jury room?

Nov. 27, 2014
By Corey Field

Every rock 'n' roll fan knows the opening to "Stairway to Heaven," Led Zeppelin's iconic 1971 hit. But another band popular at...


Judges and Judiciary, Criminal, Constitutional Law

Fixing our two tier system of justice

Nov. 27, 2014
By Aram B. James

No indictment, no justice, in the cold blooded killing, of unarmed African-American youth, Michael Brown, by Ferguson, Missour...


Law Practice

To excel as an associate, be a whole person

Nov. 26, 2014
By Charles S. Birenbaum

The best lawyers have a life because they have an understanding of civic activity, community, family and intellectualism - whi...


Backlash may trigger civil forfeiture reform

Nov. 26, 2014
By Brian S. Kabateck

Few legal concepts can unite the nation in disbelief, but civil forfeiture laws turn the American ideal of "innocent until pro...


Letters, Contracts

Although not a perfect solution, consumers harmed by "super-omnibus" indemnity clauses in California can take some solace in t...


U.S. Supreme Court, Criminal, Constitutional Law

When you can rely on anonymous tips

MCLE
Nov. 24, 2014
By Michael J. Raphael

When may an anonymous tip provide the basis for reasonable suspicion to allow a police officer to stop and briefly detain an i...


California Courts of Appeal, Banking

A recent case address the all-too-common scenario occurs where a client's "trusted" employee, accounting manager, bookkeeper o...