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


Securities, Entertainment & Sports

The pitfalls of celebrity shilling

Sep. 7, 2023
By Ron S. Geffner

Prior to FTX, the risks of celebrities endorsing companies were evident, with the U.S. SEC investigating and settling cases wi...


Civil Procedure, Civil Litigation

Judgment enforcement is highly technical, varies state-by-state, and can involve complex interactions between state and federa...



Letters


Government, Environmental & Energy

Save the trees or harm the forest?

Sep. 7, 2023
By Christopher Rheinheimer, Tessa Opalach

“The Save Our Sequoias Act suggests creating a Coalition of federal, state, and local entities to protect sequoia groves from ...


Denying the opportunity to cross-examine a witness raises concerns about the credibility of their testimony, as it may enable ...


Health Care & Hospital Law, Civil Litigation

When discussing healthcare with your clients, it’s crucial to explain the difference between the use of insurance, if availabl...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Despite the statutory provision labeling group or compilation registration as one work, case law makes clear that group regist...


Technology, Intellectual Property

As AI tools become more prevalent, authors and artists find themselves collaborating with algorithms, raising the question of ...


Labor/Employment

The legal framework behind labor strikes

Sep. 6, 2023
By John W. Fagerholm

Unpacking the potential Kaiser strike: A labor law perspective. Speculated to become the largest healthcare industry strike in...


Health Care & Hospital Law, Constitutional Law

The Inflation Reduction Act gives the federal government the power to negotiate the price of certain drugs for Medicare benefi...


Technology, Appellate Practice

My AI nightmare

Sep. 5, 2023
By Myron Moskovitz

Machines are skilled at persuading each other, so if machines replaced human judges, engineers could understand the judge-mach...


Law Practice, Family

While litigation serves a very important purpose in our society, it is a process choice for dispute resolution. It is by no me...


Guide to Legal Writing

Apostrophic Apotheosis: Whose fees are they, anyway?

Sep. 5, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

“Is the proper term ‘attorney fees,’ ‘attorneys fees,’ ‘attorney’s fees,’ or ‘attorneys’ fees?’” The next time you’re struggli...


We co-exist with about eight billion other individuals, nearly six billion of us are above the age of 15 and biologically capa...


Law Practice

The many roles of jury consultants – why or why not to use them

Sep. 5, 2023
By Mike Arias, Christopher A.J. Swift

Even the most experienced trial attorney would be lucky to have picked one hundred juries in their entire career. For this rea...


Class Action, 9th U.S. Circuit Court of Appeals

This strategy is not recommended, but if you are not interested in paying common benefit fees for your cases, you should remai...


Judges and Judiciary

The definition of justice

Sep. 1, 2023
By David Rosenberg

Once upon a time, we all believed that Judges could always be impartial, but we have since learned that we (like all humans) a...


Torts/Personal Injury, Civil Litigation

Billing experts – directs and crosses

Sep. 1, 2023
By Greyson M. Goody

Most billing experts are not medical doctors and became “experts” by taking a short course in billing. This article illuminat...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

New frontier for trust accounting

Sep. 1, 2023
By Erin M. Joyce

As of July 1, over 1600 California attorneys were enrolled on administrative inactive status because they failed to complete t...


Torts/Personal Injury

Proving damages in low-impact auto cases

Sep. 1, 2023
By Byron (B.J.) Abron

When you have a case that is low-impact, and thus has little to no property damage, it is important that you consider introduc...


Labor/Employment

Site inspections and #MeToo discovery are not appropriate for every case. Nonetheless, the best practice is to simply put them...


Law Practice, Evidence

Core values, such as honesty, honor, and personal responsibility, can form the foundation of the defense theme.


Constitutional Law, California Courts of Appeal

Is the court's holding limited to real parties in interest in mandamus proceedings, or could non-party litigants in other type...


Law Practice, Evidence

Drafting effective motions in limine

Aug. 31, 2023
By Teresa A. Johnson

Motions in limine serve a critical function for trial, as they help frame your case and place necessary limitations on evidence.


Most premises cases deal with constructive instead of actual notice, due to a lack of evidence showing a defendant’s actual kn...


Military Law

The tortures and extreme trauma that Everett Alvarez and other POWs experienced at the hands of the North Vietnamese and Viet ...


Law Practice, Ethics/Professional Responsibility

Saving remote appearance from itself

Aug. 31, 2023
By Daniel P. Maguire, Shawn Landry

There is no inherent reason why remote appearance should be more casual and less decorous than physical appearance. But experi...


U.S. Supreme Court, Constitutional Law

Two classic Supreme Court cases involved legislative decisions that were enforced during administrative proceedings. Had the C...


Books

A Danish giant in “The Copenhagen Trilogy”

Aug. 30, 2023
By Richard Wirick

In this 340-page book, Tove Ditlevsen stays faithful to the grit of an exiled insider wandering her own cobblestone squares an...