Consumer Protection Law
The Song-Beverly Act's fee-shifting: Lemon law cases proliferate
By Liam E. Felsen
Manufacturers should evaluate repurchase demands as soon as possible, as they can avoid civil penalties and high attorneys’ fe...
Civil Litigation, Law Practice
Stepping into the light at the end of the tunnel
By Spencer J. Pahlke , Douglas S. Saeltzer
Transforming recovery into a sound financial future requires a relationship of trust with the client and connecting them with ...
Criminal, Government
California’s resentencing program saves lives and money
By Mano Raju
Public defender resentencing units should not depend on annual budget battles, but rather receive permanent funding and recogn...
The jury in New York made clear that no one, not even a former president, is above the law.
Alternative Dispute Resolution
Time, energy, and the use of traditional Japanese tea ceremonies for resolving disputes
By Devin Tucker
The time-honored Japanese tea ceremony, stemming from the era of the samurai, serves as a blueprint for proficient mediation t...
The Legislature has not created an evidentiary privilege for collaborative law as it has for mediation. For those opting for c...
Business Law
The rise of NAV financing in private equity
By David A. Niemeyer , Alex Lyass
Private equity funds that contemplate an NAV facility should work with legal counsel and advisors who can help them navigate t...
Labor/Employment, Torts/Personal Injury
A license to kill is no solution
By Raphael Metzger , James P. Nevin
A proposal to license stone countertop fabrication shops will not prevent silicosis among workers. Artificial stone contains h...
Criminal, Government
Legislative limits: Voter action is needed to amend Proposition 47
By Marc N. Kapetan
California is facing a retail theft and fentanyl crisis, but the proposed solutions by politicians in Sacramento fall short of...
Alternative Dispute Resolution
The wild gold rush of the mediation profession: Strike it rich or bust?
By Joel Bertet
There are 1.33 million lawyers and 40 million lawsuits filed in the US every year, creating a backlog and delay in the court s...
Civil Rights
The future of discrimination in unions with BIPOC representation
By K. Chike Odiwe
A white teacher in Sacramento County has sued his union for reserving one seat on its governing board for a non-white member, ...
Labor/Employment
The Workplace Violence Prevention Plan compliance deadline is almost here
By Michael M. Brewer
California employers must establish an effective workplace violence prevention plan by July 1, 2024, and applies to all Califo...
Environmental & Energy
Little Hoover Commission’s recommendations undermine fundamental CEQA protections
By Jennifer Ganata , Douglas P. Carstens
The report fails to provide verifiable data or specific analysis to justify its proposals, and in some cases, contradicts its ...
Torts/Personal Injury
Court rules background checks are not required for Lyft passengers
By Michael E. Rubinstein
The Court applied the sliding scale of foreseeability factors from the California Supreme Court cases of ...
Proposition 22 and the statute only relate to workers’ compensation, and do not address the tort liability of app-based compan...
Letters, State Bar & Bar Associations
State Bar action is overdue in city attorney corruption scandal
By Jerry Flanagan , Ryan Mellino
The State Bar of California is confronting its most significant test yet in proving its reformation efforts. This comes as the...
Gray divorce can affect retirement plans, savings, assets, insurance benefits, and personal possessions of the divorcing spous...
Tax professionals can play a vital role in clarifying the taxation of damages and legal fees, assessing tax gross-up assertion...
Ethics/Professional Responsibility
Client transgressions: What to do when a client plans to commit a crime
By Shari L. Klevens , Alanna G. Clair
Lawyers who face ethical dilemmas when dealing with clients who propose or commit illegal acts may consult their firm’s in-hou...
California Supreme Court, Tax, Real Estate/Development
California Supreme Court to decide on mansion tax’s fate
By Jeffrey Dintzer , Garrett Stanton
The Taxpayer Protection and Government Accountability Act, an anti-tax initiative, is likely to pass in November, which could ...
The Camp Lejeune Justice Act of 2022 allows lawsuits against the government for injuries caused by contaminated water, but pla...
Professional teams and scouts may face a shortage of experienced talent in the next few drafts, but also have a better sense o...
Letters
Society is moving away from the "Scarlet Letter" approach to punishment and the State Bar should as well
By Eugene M. Hyman
"State Bar Trustees Approve Expungement of Discipline Records," Daily Journal May 17. The State Bar should implement a more in...
California Supreme Court, Criminal
CA Supreme Court upholds trial court’s dismissal of strict liability municipal code violations against landlord
By Dmitry Gorin , Alan Eisner
The Wheeler case provides a further avenue to obtain a dismissal of criminal charges for an innocent landlord even faster purs...
Torts/Personal Injury
Whiplash and Whiplash-Associated Disorder is no joke
By Reza Torkzadeh , Allen P. Wilkinson
Many people with whiplash recover in one to three months, but some develop chronic symptoms that can last for years and affect...
Contracts, Entertainment & Sports
The current state of independent film financing
By Schuyler M. Moore
Equity financing is the starting point for all film financing and there are many ways to go about it, but beware of the dreame...
The ongoing legal battle over Marilyn Monroe’s Brentwood property has reignited discussions about historic designations in Los...
Letters
Facts matter and the Daily Journal has a responsibility to investigate and report accurate facts
By Virginia A. Phillips
The Daily Journal's recent piece on the retirement of Judge Cormac J. Carney failed to include all facts regarding Judge Carne...
Immigration
Yet again, the government proposes a rule that would further erode the right to seek asylum
By Miosotti H. Tenecora
The proposed rule to apply the mandatory bars to credible fear interviews would require a complex analysis that is best suited...
Appellate Practice, Law Practice
‘Cleaned up’ California: 7 years on
By Benjamin G. Shatz , Patrice Ruane
The “cleaned up” citation format, proposed by attorney Jack Metzler in 2017, has gained popularity in legal writing, with near...