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


Constitutional Law

Can campuses be safe for students and free speech?

Mar. 14, 2024
By Michael Blacher, David Urban

Colleges and universities can avoid conflicts between free speech and anti-harassment rights, such as enforcing policies consi...


9th U.S. Circuit Court of Appeals, Business Law, Corporate

The Ninth Circuit affirmed that an unlicensed broker could not enforce a contract to sell a business opportunity in California...



Entertainment & Sports

The best solution to the complex issues surrounding the transfer portal and the NIL rights is federal legislation that can pro...


9th U.S. Circuit Court of Appeals, Admiralty/Maritime

The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between...



In a case of first impression, the 1st District Court of Appeals in California determined that a project owner’s claim for liq...


The new theory suggests that insider trading violations cover individuals who trade a company’s securities, not based on nonpu...



Torts/Personal Injury

A refresher on Dram Shop liability

MCLE
Mar. 12, 2024
By Reza Torkzadeh, Allen P. Wilkinson

California follows the common law rule that the sale or furnishing of alcoholic beverages to an intoxicated person is not the ...


U.S. Supreme Court

Unanimous, but wrong

Mar. 12, 2024
By Erwin Chemerinsky

The Supreme Court’s decision was unjustified based on the text and the original meaning of the Constitution and undermined the...



Alternative Dispute Resolution

The failure factor in successful trust mediation

Mar. 12, 2024
By John H. Sugiyama

Trial can be an instrument of mediation, as it creates pressure and incentives for parties to negotiate and settle.


The Racial Justice Act only applies to cases where there is evidence of exhibited bias, not implicit bias, and the appellate c...



Military Law

The women who served in Vietnam

Mar. 11, 2024
By Eileen C. Moore

There were 2.8 million Americans who served in Vietnam; 10,000 of them were women.


Civil Litigation, Ediscovery

Cards on the table: California’s new mandatory discovery regime

Mar. 11, 2024
By Hannibal Huntley, Andrew Browning

SB 235 aims to improve efficiency and judicial economy by requiring parties to disclose relevant information early in the liti...



Wills, Estates & Trusts

RON is useful for real estate and business transactions, but not for estate planning, which requires more careful verification...


Constitutional Law, Corporate

Fifth Circuit renews controversy over Nasdaq board diversity initiative

Mar. 11, 2024
By Teresa L. Johnson, Sean M. Selegue

The Nasdaq rule does not require boards to have a minimum number of “diverse” directors (as do the California laws), but inste...



Health Care & Hospital Law

Health equity initiatives are not only moral imperatives, but also increase precision in health outcomes and mitigate legal ri...


Labor/Employment, U.S. Supreme Court

PAGA returns to the US Supreme Court

Mar. 8, 2024
By Felix Shafir, Peder K. Batalden

The U.S. Supreme Court may either defend or revisit Viking River’s dismissal rule and decide whether California courts must ho...



State and local jurisdictions could face significant financial losses if the Federal Emergency Management Agency (FEMA) denies...


Litigation & Arbitration

Trade secret misappropriation claims have become more common and powerful in the last two decades, due to factors such as the ...



Ethics/Professional Responsibility, Law Practice

Risks for practitioners sharing office space

Mar. 8, 2024
By Shari L. Klevens, Alanna G. Clair

The potential pitfalls of sharing office space with other professionals or attorneys, and how to avoid misleading clients, bre...


Entertainment & Sports

‘Anatomy of a Fall’ (2023)

Mar. 8, 2024
By Paul Bergman, Michael Asimow

In this riveting and suspenseful story, ‘Anatomy of a Fall’ includes complex and intelligent characters, where the prosecutor ...



Should the majority's holding in Trump v. Anderson prompt Special Counsel Jack Smith to file a superseding indictment ...


Labor/Employment

BYOD: Internal investigations and employee personal devices

Mar. 7, 2024
By Winston Y. Chan, Nicole Waddick

Companies that allow employees to use their personal devices for business communications should have effective ‘Bring Your Own...



Labor/Employment, U.S. Supreme Court

Employers should anticipate more whistleblower tips, create a culture of compliance, establish a centralized tip reporting sys...


Gov. Gavin Newsom cannot and should not grant clemency to all death row prisoners in California, as it would violate the state...



Government

George Gascón must overcome historical trends that favor challengers in the run-off. He also must deal with a lack of resource...


Contracts, Insurance

Your auto insurance policy was canceled…or was it?

Mar. 6, 2024
By Michael E. Rubinstein

The Court of Appeal in Molinar v. 21st Century Insurance Company held that an auto insurer must send a notice of cancellation ...



Technology

At the intersection of technology and biology

Mar. 6, 2024
By Jason Novak

The legal challenges and opportunities of applying AI and machine learning to different industries, especially biotech, and ho...


Division Two in the Court of Appeal in Riverside has had a mediation program since 1991, using volunteer attorney mediators wh...



Alternative Dispute Resolution

Arbitration can be tailored to meet litigants’ needs

Mar. 6, 2024
By Rich Lee, Adam Pollock

Arbitration providers and participants can devise rules that limit discovery, allow parties to select arbitrators, and ensure ...


Judges and Judiciary

How do judges learn how to be fair? CJER!

Mar. 5, 2024
By Benjamin G. Shatz, Karene I. Alvarado

CJER can react swiftly to educational needs changes prompted by the law, society, or the work of the courts, and is considered...