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

9th U.S. Circuit Court of Appeals

Warrants are the only judicial key to opening a safe deposit box

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...


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 Bigelow

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


State Bar & Bar Associations

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



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 brighter l...


Corporate, Securities

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...



Constitutional Law, Evidence

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 ...


Insurance

Avoiding risks and protecting policyholder coverage

Jan. 30, 2024
By Jacquelyn Mohr Heitman , Tae Andrews

Policyholders that receive insurer requests for information should try to understand the purpose, especially if the insurer is...



California Supreme Court, Labor/Employment

Trial courts’ tool box doesn’t include PAGA manageability authority

Jan. 30, 2024
By Chandra S. Andrade , Benjamin R. Buchwalter

Unmoved by the employers’ argument that its holding would rob courts of their “full toolbox” to ensure judicial economy, the C...


Constitutional Law, Government

The US Dept. of Agriculture contends former Los Angeles student lacks standing to challenge statute prohibiting school lunch p...



Data Privacy, Technology

The FTC’s proposal to expand the list of factors defining whether a website is “directed to children” raises concerns for indu...


Criminal

Penal Code Section 654

MCLE
Jan. 29, 2024
By Gregg L. Prickett

How to determine whether multiple counts arise from a single act and from an individual course of conduct, the applicability o...



Criminal

Bail purgatory in Los Angeles

Jan. 29, 2024
By Jeffrey J. Clayton

The recently enacted bail schedule created by LA Superior Court judges began with good intentions, but has had disastrous outc...


Government

With the passage of AB 2773, advocates argue that the new law will help protect citizens who are disproportionately impacted b...



Law Practice

Referrals serve as a strategic asset for legal professionals, enabling them to effectively cultivate and expand their referral...


Letters

The pending Grace v. National Association of Realtors antitrust litigation is unlikely to succeed.



Civil Rights

The womb on trial

Jan. 26, 2024
By Nanci E. Nishimura , Kelly W. Weil

The significance of laws banning abortions even in the cases of rape or incest cannot be understated – these laws put women an...


Constitutional Law

Government Code section 844.6 raises significant constitutional concerns, especially in instances of intentional misconduct.



Ethics/Professional Responsibility

Effective and ethical witness preparation

Jan. 26, 2024
By Wendy L. Patrick

Failing to adequately prepare a witness could itself constitute an ethical violation. The problem is when in preparing a witne...


The “legislative history” of the Fourteenth Amendment is much more complex and nuanced than the comments of two legislatively ...



Law Practice

Eppur si muove

Jan. 26, 2024
By Greg Derin

It takes courage to settle cases. Often parties must change course after confronting uncomfortable facts which differ from wha...


Unless counties invest in creating healthy and vibrant well-funded public defender offices, caseloads balloon and defenders le...



Real Estate

Those interested in the real estate industry should follow the Burnett v. National Association of Realtors appeal close...


Law Practice

A public institution as large as the Los Angeles County Superior Court includes tremendous responsibilities, and needed an A-G...



Alternative Dispute Resolution

998 offers to compromise breed confusion

Jan. 25, 2024
By Anthony Khoury

For a law intended to facilitate settlement of disputes, Section 998 has fostered more than its share of perplexity among prac...


Real Estate

Resilience amid homeownership challenges

Jan. 25, 2024
By Deb Graceffa

The path to homeownership in minority communities can be long and bumpy, but those creatively finding their way are to be resp...



Law Practice

America’s most famous lawyer busted in Los Angeles

Jan. 25, 2024
By John S. Caragozian

In 1912, Clarence Darrow was tried for attempting to bribe a juror, and was represented by leading Los Angeles lawyer Earl Rog...


Letters

Trump is not disqualified from being president

Jan. 25, 2024
By James P. McBride

Section 3 of the 14th amendment bars a disqualified person from holding office, not from being elected.



Litigation & Arbitration

New Year’s resolutions for litigation readiness

Jan. 24, 2024
By Laura Kabler Oswell

New Year’s resolutions can extend to making sure your company is well-prepared for litigation, or if already mired in litigati...


9th U.S. Circuit Court of Appeals

It’s time to split the Ninth Circuit

Jan. 24, 2024
By Robert C. Bonner

The recent Ninth Circuit decision in Johnson v. City of Grants Pass underscores the difficulty of developing a true Nin...