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


Judges and Judiciary

April Showers

Apr. 1, 2024
By Arthur Gilbert

California and other state legislatures are working to improve the intelligibility of legislation by limiting sentences to 25 ...


Appellate Practice

Many cases do not have a strong enough argument or trial court record to have a decent chance of winning. Appellate lawyers pr...



The Kansas State Young Americans for Freedom sought access to DEI funds, by twice citing an article by Mark B. Baer as a reaso...


Jury service can be traumatic

Apr. 1, 2024
By Laura W. Halgren

Jurors may be exposed to disturbing testimony or evidence that can cause secondary trauma. Some courts offer counseling servic...



Historically, firing an officer has not been straightforward as even serious misconduct cases have not led to termination.


Constitutional Law

Is a taking based on pretext constitutional?

Mar. 29, 2024
By Michael M. Berger

In Brinkmann v. Town of Southold, the Second Circuit ruled that the taking of private property for a passive park was a...



Contracts, Real Estate/Development

Lawyers Preventing Homelessness

Mar. 29, 2024
By Adam Murray

Surveys find that between 11% and 45% of people experiencing homelessness report eviction as a primary cause of their homeless...


Antitrust & Trade Reg.

The European Commission has forced Apple to allow iPhone users to directly download apps from the web and install other app st...



Antitrust & Trade Reg., Real Estate/Development

Changes are coming, but real estate commissions may stay the same

Mar. 28, 2024
By Tyler Sanchez, Marius Mateescu

The settlement includes practice changes that decouple the buyer’s commission payment from the sale of a home listed on NAR-af...


Civil Procedure

Turning down reasonable 998 offers can be costly

MCLE
Mar. 28, 2024
By Arash Homampour

Section 998 offers can be used strategically to evaluate the strengths and weaknesses of cases, but they can also be used for ...



Law Practice

Discover the power of empathy as the foundation of client-centricity, the critical role of effective communication in forging ...


Contracts

The City of Los Angeles can and should use the California Unfair Competition Law to sue the individuals or companies who resel...



Cannabis

California’s cannabis law leaves law enforcement agencies in a haze

Mar. 27, 2024
By Geoffrey S. Sheldon, Emanuela Tala

Unless and until SB 1264 or a similar bill is passed it appears that public safety officers are generally free to use marijuan...


Clemency is a means to ameliorate or avoid particular criminal judgments in special cases. The statutory application procedure...



Antitrust & Trade Reg.

California revives criminal enforcement of the Cartwright Act

Mar. 27, 2024
By Bonnie Lau, Eliot A. Adelson

Companies doing business in California should consider the Cartwright Act when developing or updating their antitrust programs...


California Courts of Appeal, Labor/Employment

Employers will need to be more cautious and pragmatic in resolving labor disputes, as they may face significant fee awards eve...



Criminal

The OC billboard campaign won’t reduce crime

Mar. 26, 2024
By K. Chike Odiwe

Studies have shown that tough-on-crime laws do not reduce crime rates, but rather increase the number of people in prison, esp...


Securities

The SEC requires public companies to maintain disclosure controls and procedures, and it can sanction companies and officers w...



Answering yes or no to the IRS question can have significant consequences, as a false or misleading answer could expose the ta...


Constitutional Law

The Supreme Court in Lindke v. Freed ruled that a public official's social media activity constitutes state action only...



Consumer Law

Is it time to re-think the consumer expectation test in liability defect cases?

Mar. 25, 2024
By James J. Yukevich, Cristina Ciminelli

Manufacturers, especially vehicle manufacturers, should be able to present any evidence that shows there was no defect in the ...


Education Law

Top institutions have notoriously low admission rates, particularly for women and people of color, highlighting the importance...



State Bar & Bar Associations

Several states, including California, have been considering alternative pathways to lawyer licensure. Washington and Oregon ha...


Constitutional Law

Double jeopardy: Oh no! You again!

Mar. 25, 2024
By James P. Cooper III

California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and b...



Ethics/Professional Responsibility

Legal ethics lessons learned from COPRAC opinions

MCLE
Mar. 22, 2024
By Joanna L. Storey Mishler

The Committee on Professional Responsibility and Conduct has published several ethics opinions and helps lawyers navigate risk...


Malicious and negligent employees and contractors account for one-third of data breaches.



Torts/Personal Injury

Parental liability for minor child’s torts

Mar. 22, 2024
By Reza Torkzadeh, Allen P. Wilkinson

Parents can be held liable for up to $25,000 for the injuries, death, or damage caused by their child’s willful misconduct.


Labor/Employment

PAGA claims: Still room for uncertainty

Mar. 22, 2024
By Jonathan Andrews, Monique Ngo-Bonnici

There is a lack of clarity regarding the preclusive effect of an arbitrator’s decision in the individual PAGA action and wheth...



Environmental & Energy

Clearing the air on criminal enforcement of hydrofluorocarbon importation laws

Mar. 22, 2024
By Davina Pujari, Christopher Rheinheimer

Michael Hart is the first person to be charged with illegally importing HCFC-22, a hydrochlorofluorocarbon that depletes the o...


Constitutional Law

Commute them all, revisited

Mar. 22, 2024
By David A. Carrillo, Brandon V. Stracener

The California Supreme Court has only a limited and procedural review of the governor’s clemency power, and it should concur w...