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.

Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

U.S. Supreme Court, Year in Review Column, Civil Litigation, Intellectual Property

Earlier this year, the U.S. Supreme Court made clear that venue in patent cases based on where a corporation "resides" is limi...


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

A federal lawsuit filed in the Southern District of California provided a key link in the evolutionary chain of school desegre...



Labor/Employment, Corporate

I have to join in the chorus of voices asking: How can this be? Who is to blame? What can we do?


U.S. Supreme Court, Military Law, Government, Civil Rights

In the early 1980s, I had the honor of representing a group of 11 Japanese-American World War II soldiers. Each soldier had co...



Employee stock options are a great perk, but they can be complicated. By Robert W. Wood


Government, Judges and Judiciary

Since the current focus in Washington is on the nomination of Neil Gorsuch to the U.S. Supreme Court, it is easy to overlook t...



Civil Rights, Civil Litigation, Judges and Judiciary

Doss v. Bernal was filed in 1943. The plaintiffs alleged that permitting Mexicans to live in the neighborhood would cause them...


Military Law, Government, Civil Rights, Administrative/Regulatory

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...



Family, Native Americans, Administrative/Regulatory

While the Indian Child Welfare Act has its detractors, numerous national child welfare organizations tout it as the "gold stan...


Intellectual Property, Government, Administrative/Regulatory

Although cannabis remains a Schedule I drug under federal law, the U.S. Patent Office is issuing utility patents and plant pat...



Government, Labor/Employment, California Supreme Court

If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Judges and Judiciary

Brief encounter

Nov. 6, 2017

On an unacceptable phenomenon and a brief encounter in the air.



Civil Litigation

Know and understand the Southern California deposition stipulation to project experience and protect your clients. By Davi...


Corporate, Securities, Administrative/Regulatory

Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...



Labor/Employment, Corporate

A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...


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

Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...



Transportation, Corporate, Administrative/Regulatory

Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...


Administrative/Regulatory, Securities, Government

On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...



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

As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...


Civil Litigation, Law Practice, Corporate

Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...



Administrative/Regulatory, Transportation, Government

A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...


Contracts, Corporate, Civil Litigation

Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...



Constitutional Law, Labor/Employment, U.S. Supreme Court, Government

Time to overrule Abood

Oct. 2, 2017

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...


Civil Rights, Criminal

Crime and algorithms

Sep. 29, 2017

There is a cost to be paid for the myriad benefits society derives from the use of algorithms. An occasional “date from hell,”...



U.S. Supreme Court, Constitutional Law, Civil Rights

So here’s where we are in Masterpiece Cakeshop: The lineup of eight of the justices is pretty clear, 4-to-4.


California Supreme Court, Government, Administrative/Regulatory

A city manager’s personal cellphone buzzes in the early morning hours with notice of a string of urgent texts advising about t...



Government, Securities, Corporate, Administrative/Regulatory

Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...


Criminal, U.S. Supreme Court

The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...



Constitutional Law, U.S. Supreme Court

Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...


A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox