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


Real Estate/Development, Tax

On Oct. 19, the Internal Revenue Service issued long awaited-proposed regulations and a revenue ruling on Opportunity Zones, a...


Law Practice, Civil Litigation

The Art of Litigation

Oct. 22, 2018
By Gary E. Gans

Part I: The Art of Rhetoric


Appellate Practice, California Courts of Appeal, Education Law

Different conduct, different due process?

Oct. 22, 2018
By Kelly Woodruff

Should different types of university misconduct require different levels of due process? The 2nd District seems to think so.


The concept of being able to "get out of our environment" has become widely publicized and adopted in many forums -- for good ...


Corporate, Securities

Small companies would benefit if SEC legitimized finders

Oct. 19, 2018
By Tamara M. Kurtzman

The real need for small business capital coupled with the inability of small businesses to attract traditional financing sourc...


Contracts, Entertainment & Sports, Law Practice

End of the Hollywood handshake deal

Oct. 19, 2018
By Fredrick S. Levin, Adam Waldman

Artists who have been living under these oral percentage fee agreements should consider fully researching their rights before ...


Administrative/Regulatory, Government, Tax

Nonprofit directors, donors and more

Oct. 19, 2018
By Erin Bradrick

New ex officio director law, donor disclosures and more nonprofit news


California Supreme Court, Labor/Employment

Dynamex isn't just about Wage Orders

Oct. 18, 2018
By Scott D. Nelson

The recent worker classification ruling by the California Supreme Court isn’t just about Wage Orders.


Alternative Dispute Resolution, Civil Litigation

What you need to know about mediation confidentiality

MCLE
Oct. 18, 2018
By Lars C. Johnson

Earn MCLE reviewing the ins and outs of mediation confidentiality in California.


Law Practice

Key considerations when using expert witnesses

Oct. 17, 2018
By Shari L. Klevens, Alanna G. Clair

As the expert is neither the attorney nor the client, the protections afforded in the attorney-client relationship may not app...


Administrative/Regulatory

An FCC about-face on net neutrality

Oct. 17, 2018
By Anita Taff-Rice

The Federal Communications Commission made an argument in federal court last week that puts in doubt the agency’s authority to...


Constitutional Law, Criminal, U.S. Supreme Court

A case pending on the Supreme Court’s docket revisits the “intelligible principles” doctrine under the Sex Offender Registrati...


Constitutional Law, Native Americans

What the ICWA ruling got wrong

Oct. 16, 2018
By Keith Harper, Kathryn E. Fort

The Northern District of Texas made several mistakes in its recent ruling holding that the Indian Child Welfare Act is unconst...


Administrative/Regulatory, Government, Labor/Employment

The day the New Deal was born

Oct. 16, 2018
By James Attridge

On March 25, 1911, a 30-year-old social worker named Frances Perkins was walking through Greenwich Village to visit a friend. ...


Administrative/Regulatory, Tax

Last month, California enacted the Uniform Trust Decanting Act, which will now apply to all California trusts unless the trust...


Administrative/Regulatory, Labor/Employment

Without careful planning, a relatively straightforward claim for workers compensation benefits could turn into a huge legal fi...


Entertainment & Sports, Labor/Employment

The esports sector is warming up to collective bargaining agreements, athlete rights, and streamlined media opportunities. The...


Entertainment & Sports, Government, Intellectual Property

After five years of collaborations between major players in the music industry, such as the RIAA, SirusXM and the Recording Ac...


Appellate Practice, Law Practice

Let’s play ‘Let’s Suppose.’

Oct. 15, 2018
By Myron Moskovitz

Imagine if the law gave an appellate court jurisdiction to hear an appeal from the decision of the Senate Judiciary Committee ...


Administrative/Regulatory, Constitutional Law, Government

Net neutrality and the US Constitution

Oct. 15, 2018
By Charles S. Doskow, Ezra Goldschlager

The conflict between California and the Trump administration regarding net neutrality is but one more area in which the confli...


Civil Rights, Constitutional Law, Family, Native Americans

ICWA is under attack, again

Oct. 12, 2018
By Jedd Parr, Delia Sharpe

The Indian Child Welfare Act, and potentially tribal sovereignty, suffered a significant setback last week when a federal cour...


Labor/Employment

Just over a year ago on Oct. 5, 2017, the news broke that Harvey Weinstein “paid off sexual harassment accusers for decades.”


Corporate, Labor/Employment

California Gov. Jerry Brown just signed into law the nation's first gender diversity mandate for female representation on publ...


Judges and Judiciary

What Justice Kavanaugh can do to redeem himself

Oct. 12, 2018
By Christopher Hawthorne

You might say I have a rooting interest in the redemption of people who have done bad things as children.


Administrative/Regulatory


California Courts of Appeal, Labor/Employment, Civil Litigation

Landmark wage and hour ruling

Oct. 11, 2018
By Arthur F. Silbergeld, Natalie Ikhlassi

The California Court of Appeal recently certified for publication a landmark wage and hour decision upholding the legality of ...


Civil Litigation

Victims of art theft, beware. If you think you know who stole your painting — even if you don’t know its whereabouts — don’t w...


Appellate Practice, California Courts of Appeal, Law Practice, Civil Litigation

Get expert witness declarations right

Oct. 11, 2018
By David J. Ozeran

In recent months, the California appellate courts have published a number of cases addressing the role of expert witness decla...


Antitrust & Trade Reg., Constitutional Law, Government, International Law

Broadly based legal challenges are possible. The president’s power to conduct foreign affairs does not give the executive cart...


Alternative Dispute Resolution, Civil Litigation

If the attorney is appearing at mediation on behalf of his or her client, does the attorney sign the “as to form” line or the ...