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


Wills, Estates & Trusts

Supreme Court clarifies rules for modification of revocable trusts

Feb. 26, 2024
By Mark J. Phillips, Jake V. Phillips

In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...


Labor/Employment

Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recogni...



U.S. Supreme Court

Anti-DEI advocacy groups have a new target: minority-focused grant programs

Feb. 26, 2024
By Ann O’Leary, Marcus A.R. Childress

Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...


Contracts, Entertainment & Sports, Torts/Personal Injury

Should the NCAA take a knee forever?

Feb. 23, 2024
By Frank N. Darras

The NCAA was recently sacked by new players’ unions, coaches on the move, and the absence of a much-needed federal framework. ...



Ethics/Professional Responsibility

Grief is personal and those in the legal community can learn from each other, and show empathy to those who are experiencing l...


Family

The public family law system deserves equal treatment

Feb. 23, 2024
By Lorie S. Nachlis

Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...



Litigation & Arbitration

The outcome of Bissonnette v. LaPage Bakeries Park St., LLC will affect whether commercial drivers, regardless of the i...


Torts/Personal Injury

California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog’s pr...



Securities

Exxon’s lawsuit is part of a larger trend of corporations and conservative groups seeking to overturn or limit ESG regulations...


Construction

Credit where credit is due – local agency action to promote housing

Feb. 22, 2024
By Christopher S. Burt, Andrew K. Fogg

Local authorities have a shared responsibility to address the statewide housing crisis, and some cities have taken creative an...



Alternative Dispute Resolution

When a mediator must be the bearer of bad news

Feb. 22, 2024
By Lori Dobrin

Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...


Judges and Judiciary

Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...



Data Privacy, Technology

Tardy issuance of privacy regulations lands watchdog agency in court.


Civil Litigation

SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...



Ethics/Professional Responsibility

Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice,...


Alternative Dispute Resolution

Birthing a mediation redux

Feb. 21, 2024
By Harris E. Weinberg

Full-day mediations let the process dictate the schedule, rather than the other way around, and are more conducive to achievin...



Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...


Education Law

The complex legal terrain of special education law

Feb. 21, 2024
By Jennifer Chang

Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...



Alternative Dispute Resolution

New Year, new mass arbitration rules from the AAA

MCLE
Feb. 20, 2024
By John A. Vogt, JoeAl Akobian

Companies should update their arbitration agreements to take advantage of the new AAA rules and include conditions precedent t...


Technology

Recent FCC ruling on AI calls will likely test TCPA’s limits

Feb. 20, 2024
By Megan L. Rodgers, Daniel Rios



Alternative Dispute Resolution

Successful mediations call for an artist’s touch

Feb. 20, 2024
By Robert McGuiness

Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.


Alternative Dispute Resolution

A few words can make a big difference in California arbitration discovery

Feb. 16, 2024
By Gary Nadler, Louise A. LaMothe

Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on th...



Corporate

A clear-eyed view of the Corporate Transparency Act

Feb. 16, 2024
By Michael K. Lindsey

The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...


Family

Exposing juvenile dependency’s harsh realities

Feb. 16, 2024
By Panda L. Kroll, Roni Keller

Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...



Torts/Personal Injury

Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...


Intellectual Property

The music industry may have to adapt to the rise of AI-generated works by focusing on live performances, fan experiences, and ...



Alternative Dispute Resolution

Acceptance, rather than control, is the key to shifting from an adversarial stance to a cooperative one in resolving disputes.


Intellectual Property

AI watermarks run deep

Feb. 15, 2024
By Relani Belous

Meta is working with other companies and organizations to expand its watermarking feature to third-party content and to embed ...



Class Action, Environmental & Energy

Turning up the heat for California’s class action climate

Feb. 14, 2024
By Amy Jane Longo, Rocky C. Tsai

Businesses that fail to comply with new disclosure laws may face lawsuits from consumers who allege that they have been misled...


Tax

Senate could keep fire victims from getting burned – twice

Feb. 14, 2024
By Robert W. Wood, Alex Z. Brown

The Tax Relief for American Families and Workers Act of 2024 includes a provision that would exclude from federal income tax a...