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


Civil Litigation

Piercing the veil of the Trump Organization

Feb. 7, 2024
By John H. Minan

The difference between legitimate tax avoidance and tax evasion is critical. The arguable “loan debt” may have been concocted ...


Alternative Dispute Resolution

PDAAs have given arbitration an undeserved bad reputation. Here is the way to fix the problem.


Family

Where child and spousal support funds hide in plain view

Feb. 7, 2024
By Ira M. Friedman, David Friedman

Judicial Counsel Form FL-460, entitled Qualified Domestic Relations Orders for Support, can be used for both current and spous...


Criminal, Civil Procedure, California Supreme Court

Giving credit where credit is due

Feb. 7, 2024
By Laura W. Halgren

A recently published case provides direction on how courts should calculate credits when a defendant is resentenced.


Technology, Ethics/Professional Responsibility

Don’t forget to cite check your generative AI research

Feb. 7, 2024
By Benjamin E. Strauss, David Boyadzhyan

It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...


Real Estate/Development

A look at new California housing laws

Feb. 6, 2024
By Joseph von Meier

Multiple new laws related to housing development go into effect this year, and could finally bring a much-needed boost to a st...


Judges and Judiciary

It is time for California Judges to be educated about the impact of sexual assault on the victim/survivor, and training must i...


Appellate Practice

Let’s party: Federal courts and the party presentation doctrine

Feb. 6, 2024
By Benjamin G. Shatz, Benjamin E. Strauss

Courts at all levels, including the Supreme Court, continue to struggle to color within the lines of the party presentation do...


Alternative Dispute Resolution

The advantages of mediating Computer Fraud and Abuse Act disputes

Feb. 6, 2024
By Daniel B. Garrie, Gail A. Andler

CFAA cases often involve highly sensitive information, and mediation offers a unique level of privacy as generally mediation b...


Land Use, Government, Administrative/Regulatory

To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County’s general-plan, zonin...


Technology

It’s all Verdi’s fault

Feb. 5, 2024
By Arthur Gilbert

Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.


Technology, Intellectual Property

‘AI-Generated’: the 8th dirty word?

Feb. 5, 2024
By Jesse E. Morris, Neiloofar Sajedi

When it comes to the words in the ‘George Carlin: I’m Glad I’m Dead’ special, there could be a potential violation of the deri...


Torts/Personal Injury

Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases ...


Construction

Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are enti...


For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...


Torts/Personal Injury

Liens, insurance and attorney referrals

MCLE
Feb. 2, 2024
By Allen P. Wilkinson

There are a number of reasons for a client to seek treatment with a lien physician, though defense lawyers have criticized the...


Torts/Personal Injury

Closing arguments are where the FLP method truly shines in arguing for non-economic damages. This three-step approach involves...


Labor/Employment

US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...


International Law, Government

Legalizing drug use, in the name of public welfare and private health, is accumulating momentum in the United States. An appro...


Alternative Dispute Resolution

In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...


Military Law

New California regulation protects veterans’ spouses

Feb. 1, 2024
By Matthew P. Vafidis

A nonveteran spouse or domestic partner admitted to a California Veterans Home in a joint admission with a veteran may continu...


Immigration

Lax TN Visa rules expose workers to abuse

Feb. 1, 2024
By Susana Sandoval Vargas

Federal officials vet prospective TN visa applicants before they come to the U.S., but there is no subsequent monitoring of em...


Even if the Elkins Family Law Task Force recommendations were all implemented into the family law system, it would still have ...


Constitutional Law, 9th U.S. Circuit Court of Appeals

High-profile FBI search violates the Fourth Amendment

Jan. 31, 2024
By Dmitry Gorin, Alan Eisner

A Ninth Circuit panel vindicated plaintiffs’ Fourth Amendment claims, reversing a district court’s judgment in favor of the go...


Mergers & Acquisitions, Health Care & Hospital Law

A new era in California health care M&A

Jan. 31, 2024
By Jordan E. Grushkin, Matthew J. Goldman

Though it is too early to tell how aggressive the California Office of Health Care Affordability will be in subjecting transac...


Alternative Dispute Resolution

Arbitrator disclosure: designed to ensure fairness

Jan. 31, 2024
By Tricia A. Bigelow

Disclosure is required whenever a reasonable, informed person could entertain doubts about the arbitrator’s impartiality.


State Bar & Bar Associations, Ethics/Professional Responsibility

While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil ...


Evidence, California Supreme Court

Gray areas

Jan. 31, 2024
By Brian M. Hoffstadt

The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the bri...


Securities, Corporate

2024 IPO outlook: Rise or fall of the unicorn?

Jan. 30, 2024
By Sara L. Terheggen

The badge of unicorn requires more than just a lofty idea and a hint of innovation, it demands revenue numbers that can be tra...


Evidence, Constitutional Law

In the free-speech zones

Jan. 30, 2024
By Ashfaq G. Chowdhury

The issue in Camenzind v. California Exposition & State Fair was "whether, under either the First Amendment or the ...