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


California Courts of Appeal, Civil Litigation, Labor/Employment

Ruling extends ‘home base’ rule to apply Labor Code to oil rigs

Dec. 29, 2020
By David E. Mastagni, Taylor Davies-Mahaffey

An appellate court held that California labor laws applied to crew members on a boat that docked at a California port and prov...


Appellate Practice, Law Practice

Amicus participation in appellate litigation: a guide

MCLE
Dec. 28, 2020
By Johanna S. Schiavoni

Since the goal is to present your case in a complete and helpful way, and ultimately to persuade the appellate court to agree ...


Constitutional Law, U.S. Supreme Court

A recent U.S. Supreme Court decision continues an important yet overlooked trend at the court since the early 1990s: broad agr...


Antitrust & Trade Reg., Civil Litigation, Entertainment & Sports

Antitrust law is back in the spotlight.


Civil Litigation, Covid Columns

When tuna rolls and $32 ribs are essential items

Dec. 28, 2020
By Scott Pressman, Allison M. Scott

Essentials during an emergency: Gasoline? Check. Groceries? Check. Medicine? Check. $32 restaurant prepared barbecue ribs? …Ch...


Article V should be amended by reducing the state ratification threshold from three-fourths to two-thirds. This would make the...


Criminal, Letters

Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...


Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation

Qui tam actions can avoid arbitration in California

Dec. 24, 2020
By Marc D. Alexander

A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...


Alternative Dispute Resolution, Civil Litigation, Law Practice

Discovery referees: A useful tool

MCLE
Dec. 24, 2020
By Michael S. Fields

For or complex discovery issues, reference to a discovery referee can help expedite the trial process.


Administrative/Regulatory

Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...


Law Practice

Law firms should recognize their ‘Rudolphs’

Dec. 24, 2020
By Nathan M. Davis, Juanita Fernandez

Take time to recognize and honor the different identities on your team


Administrative/Regulatory, Antitrust & Trade Reg., Corporate

Time will tell whether the divided approach in the Google antitrust cases will work.


Alternative Dispute Resolution, California Courts of Appeal, Ethics/Professional Responsibility, Law Practice

The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...


Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation, Law Practice

A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...


California Courts of Appeal, Civil Litigation, Construction

A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...


In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.


Covid Columns, Government, Real Estate/Development


Criminal, Government

Gascón lacks authority to end cash bail

Dec. 22, 2020
By Jeffrey J. Clayton

Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...


County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...


Constitutional Law, Government

The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses again...


Law Practice, Technology

Heated debate continues relentlessly regarding the U.S. Constitution and the meaning of this venerated document. One innovativ...


Government, Judges and Judiciary

One cheer for the courts that held the line in 2020

Dec. 22, 2020
By Robert L. Bastian Jr.

A Trump-appointed jurist said it most resonantly. Rejecting one of the 60 or so Republican lawsuits challenging the 2020 presi...


Antitrust & Trade Reg., Corporate, Government

The cases against Facebook

Dec. 21, 2020
By David W. Kesselman, Amy T. Brantly

The recent antitrust cases against the social media giant signal new approach to antitrust enforcement


Administrative/Regulatory, Constitutional Law, Government, U.S. Supreme Court

What's the right remedy for a constitutional structural wrong?

Dec. 21, 2020
By Anne Voigts, Michael D. Roth

The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB und...


Intellectual Property, Law Practice

Can businesses use third-party trademarks on their websites?

MCLE
Dec. 21, 2020
By Josh Eichenstein

As the internet ever-increasingly becomes the default medium for advertising and commerce, businesses are pushing the boundari...


Labor/Employment

Employers: Navigating changes to the California Family Rights Act

Dec. 21, 2020
By Wendy M. Lazerson, Galit A. Knotz

Important but little noticed changes to the California Family Rights Act become effective Jan. 1, and employers must be up to ...


Appellate Practice, Law Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.


Education Law

This article compares Title IX investigations in recent cases at both universities and discuss the lessons learned.


Real Estate/Development, Tax

With the end of the year nearing, investors must quickly yet carefully consider last minute tax planning strategies.


Administrative/Regulatory, Government, Securities

The SEC’s successful enforcement year

Dec. 18, 2020
By Nicolas Morgan, Thomas A. Zaccaro

In 2020, the Securities and Exchange Commission’s Enforcement Division achieved what Director Stephanie Avakian described as “...