The Fed is poised to reduce interest rates, which should stoke deal activity both by calming deal makers’ nerves and by openin...
Criminal
Watson murder trial defendants face an 'all or nothing' argument
By Dmitry Gorin, Alan Eisner
Law Practice, Technology
Company v. Candidate: Navigating California’s changing legal hiring landscape
By Garrett Rosen
As AI has risen in popularity and adoption over the last year – even the last six months – there has been an increased need fo...
Cannabis
Unveiling the pitfalls of proposed cannabis rescheduling and banking protections
By Michael Rosenblum
The SAFER Banking Act and rescheduling of cannabis could keep the industry in a state of partial reform, and may hinder full l...
Memorable court moments don’t occur too often, but they do make for great courtroom war stories.
Ethics/Professional Responsibility
Mitigating the risks of malpractice claims from third parties
By Shari L. Klevens, Alanna G. Clair
Under the doctrine of foreseeable reliance, a court could find that a professional owes a duty to those persons whom the profe...
9th U.S. Circuit Court of Appeals, Intellectual Property
9th Circuit’s broad view of the ‘public display’ right protects copyright holders
By Jason Casero
The 9th Circuit has been a staunch defender of copyright protections, but it should come as no surprise that the scope of copy...
Government, Intellectual Property
Sino-US scientific cooperation needs to continue
By Xinying Huang
Claims of intellectual property theft, though a problem, are exaggerated and pose a threat to the extension of the U.S.-China ...
California Supreme Court, Labor/Employment
California’s employment protection landscape faces pending cases
By Phyllis W. Cheng
From current time-rounding practices to whether public entities are exempt from certain Labor Code obligations, 2024 promises ...
Environmental & Energy
Cascade-Siskiyou National Monument expansion sparks controversy
By Kara M. Rollins, Zhonette M. Brown
Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between presidential monument designa...
Torts/Personal Injury
When are punitive damages available to a plaintiff in a DUI case?
By Michael E. Rubinstein
One should not assume that just because a client was injured by a drunk driver, punitive damages are automatically available. ...
Consumer Law
Putting the squeeze on California’s lemon law
By J. Brian Lynn, Maria Sanjur-Van Brande
The state’s highest court should reverse a recent decision that provides an economic incentive for manufacturers to avoid comp...
Salespersons, many with military backgrounds, present bogus investment opportunities in day trading, commodities and other fak...
The only reason anyone would try to eliminate diversity is because they have issues with it. Most often, those issues stem fro...
There is an argument to be made that Sam Altman should be monitored and controls put into place to prevent unilateral decision...
Appellate Practice, Year in Review Column
Highs and lows: the 2023 appellate year in review
By Benjamin G. Shatz
Tech glitches and etiquette blunders brought some comedic relief during the pandemic, but 2023 turned more serious as concerns...
There's a right way to use precedent. Explain how a respected authority gave the issue some thought, wrote a persuasive analys...
Securities, U.S. Supreme Court
Supreme Court to decide whether silence is golden or fraudulent
By Jared L. Kopel
The case, Macquarie Infrastructure Corp. v. Moab Partners, L.P., No.-1165, centers upon a company's alleged failure to ...
Ethics/Professional Responsibility
Reflecting on professionalism for a 'happy' New Year
By Carole J. Buckner
The process of developing the lawyering skill of civility requires not only the knowledge that civility is a component of prof...
Data Privacy, Technology
What’s to come in 2024: a look at privacy, AI, and cybersecurity matters
By Hemu Nigam
As tensions between data privacy and AI increase, companies will have to balance their data needs with privacy, cyber, and AI ...
Entertainment & Sports, Tax
Can anyone emulate Ohtani's $700M LA Dodgers tax dodge?
By Robert W. Wood
If Shohei Ohtani’s California taxes work out as the young star and his advisers likely intend, it might be a very clever slide...
Times have changed for the better. On the other hand, interrogatory extensions didn’t have to be confirmed in writing, meet an...
In the realm of today’s interconnected professional landscape, utilizing LinkedIn is no longer just an option – it’s a strateg...
A recall of the key events that shaped tech corporate law in Silicon Valley in 2023, in the form of Taylor Swift song titles.
Ediscovery
Understanding the distinct roles of E-discovery and digital forensics
By Daniel B. Garrie, Gail A. Andler
The indispensability of e-discovery and digital forensics in the legal domain cannot be overstated. As fundamental as discover...
Contracts, Entertainment & Sports
Three NIL developments poised to impact the NCAA in 2024
By Frank N. Darras
New developments sprouted regularly in 2023. This momentum could position 2024 to be the year when meaningful NIL reforms are ...
Constitutional Law, Real Estate/Development
Rent control confronts the Constitution
By Michael M. Berger
It has been more than a century since the Supreme Court has reviewed New York City rent control. That may change.
Bankruptcy
Can the Bankruptcy Code save financially-stressed seniors?
By Selwyn D. Whitehead
If two-thirds of American seniors are relying solely on their social security benefits, the numbers do not add up – necessitat...
Letters
Addressing some missing points about the Daily Journal’s report on the California Supreme Court Historical Society publications
By Daniel M. Kolkey
The California Supreme Court Historical Society strives to offer balance in the viewpoints expressed in its two publications —...
Real Estate/Development
A landlord’s guide to assistive animals
By Pamela Westhoff, Meigan Everett
By adhering to legal requirements and implementing proper procedures, landlords can successfully manage the presence of assist...