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


Criminal, Judges and Judiciary, Law Practice, Civil Litigation

The whole truth

Oct. 30, 2019
By Michael J. Raphael

Even our friends who lack a J.D. know, a witness typically swears that she will tell not just the truth, and not just nothing ...


9th U.S. Circuit Court of Appeals, Civil Litigation

A recent ruling is an important case creating a new requirement that arbitrators disclose their ownership interest in ADR orga...


Entertainment & Sports, Intellectual Property, Civil Litigation

“Oh the Places You’ll Boldly Go!,” a literary “mash-up” that places characters from the “Stark Trek” universe in settings base...


California Supreme Court, Insurance, Civil Litigation

In Slater the Court of Appeal declared that no authority supports the proposition that public policy mandates that the notice-...


Corporate, Tax

The way the settlement or judgment is structured can have significant consequences when tax season rolls around. So it pays to...


California Supreme Court, Constitutional Law

California’s constitution needs some changes

Oct. 29, 2019
By Stephen M. Duvernay, Brandon V. Stracener

Several provisions in California’s constitution are dead letters, having been quashed by judicial decisions or otherwise rende...


California Supreme Court, Civil Litigation

The Supreme Court is expected to answer open questions about the application of the anti-SLAPP statute, Civil Procedure Code S...


Judges and Judiciary

We count what we care about: Conservatees in California

Oct. 29, 2019
By Thomas F. Coleman

Bankers know to the penny how much money they are managing in their financial institution. Elections are based on the actual n...


Constitutional Law, Government, Tax, U.S. Supreme Court

Given Trump’s willingness to block any attempt to access his financial records and business dealings, the only thing certain i...


Administrative/Regulatory, Government

Businesses: What to know about draft CCPA regulations

Oct. 28, 2019
By Lindsey Tonsager, Jadzia Pierce

California Attorney General Xavier Becerra is responsible for interpreting and enforcing the act, and published draft regulat...


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

Antitrust battle continues between WGA, talent agencies

Oct. 28, 2019
By Michelle Lowery, Steven P. Vaughn

A Hollywood union’s recent amendments to its union rules sparked federal antitrust lawsuits by three of Hollywood’s top talent...


Labor/Employment

With the looming implementation of AB 5 many people in various trades and professions are asking, “Are we now employees?” One ...


Constitutional Law, Law Practice

The United States of America, it has been pointed out, was once a plural. Through grammar, you could discern that regionalism ...


9th U.S. Circuit Court of Appeals, Alternative Dispute Resolution, Civil Litigation

The panel held that before an arbitrator is officially engaged to perform an arbitration, to ensure that the parties’ acceptan...


Administrative/Regulatory, Government

New law roundup: California cannabis laws continue to grow and evolve

Oct. 28, 2019
By Joshua R. Mandell, Claudia Fu

This month, Gov. Gavin Newsom signed numerous bills into law further refining California’s already comprehensive cannabis regu...


The IRS has issued two new pieces of guidance. These rules are IRS interpretations of existing law, which means the IRS could ...


Civil Litigation, Criminal

Official records hearsay exception

MCLE
Oct. 28, 2019
By Elia V. Pirozzi

The objective of this article and self-study test is to review the law regarding the official records exception to the hearsay...


Intellectual Property, Civil Litigation, U.S. Supreme Court

The Supreme Court’s ruling in a trademark case this term could have sweeping effects if it were to resolve the circuit split b...


Ethics/Professional Responsibility, Law Practice, Civil Litigation

When representing a two person partnership or corporation, how does a lawyer avoid developing direct fiduciary duties to each ...


Books, U.S. Supreme Court

The Bow Tie Justice

Oct. 25, 2019
By Richard Wirick

A look at the late justice’s biography, “The Making of a Justice: Reflections on My First 94 Years.”


Alternative Dispute Resolution, Labor/Employment, Civil Litigation

That is the clear message sent to companies and employers with the recent passage of Senate Bill 707 in California by Gov. Gav...


State Bar & Bar Associations

Governor Gavin Newsom and the California Legislature were duped earlier this month into signing off on Senate Bill 176, the li...


Civil Rights, Ethics/Professional Responsibility, Labor/Employment

It was recently reported that Ernst & Young subjected women employees to “training” that would keep the company’s men happy.


Law Practice

In this chapter, we will look at what others have said, or are doing in furtherance of AI testimony, introduces the concept of...


Criminal, Government

California’s Legislature passed two laws this year, Assembly Bill 392 and Senate Bill 230, which modernize the state’s use of ...


Contracts, Insurance, Law Practice

For those in the live entertainment business, where venues have become targets, there has been a need to address operational i...


9th U.S. Circuit Court of Appeals, Civil Rights, Civil Litigation, U.S. Supreme Court

Takeaways from cert denial in website accessibility suit

Oct. 24, 2019
By Kristina M. Launey, Minh N. Vu

When Domino’s asked the U.S. Supreme Court to review the 9th Circuit’s decision to allow a website accessibility case filed ag...


Corporate, Tax

If you live in California, you probably know how aggressive California’s state tax agency can be. But even if you live somewhe...


International Law, U.S. Supreme Court

The common law rules

Oct. 23, 2019
By Howard B. Miller

To every current view we bring expectations from the past. So it is with a visit to London as part of a delegation during Lega...


Criminal

Extending SOL for sexual assault victims is an important step

Oct. 23, 2019
By John C. Taylor, Sonya Ostovar

On Oct. 13, Gov. Gavin Newsom signed AB 218, providing survivors of childhood sexual assault a significantly greater opportuni...