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

Buying out a tenant in San Francisco

Dec. 18, 2017
By Michael McLaughlin, Craig Ackerman

If you are thinking about selling a tenant-occupied property in a rent control jurisdiction with eviction protections, such as...


Administrative/Regulatory, State Bar & Bar Associations, California Supreme Court, Ethics/Professional Responsibility, Law Practice

The evolution of the State Bar

Dec. 15, 2017
By James Otto Heiting

Whatever your view, changes are aplenty, and more are coming. If you get a chance, make your own contribution to the bettermen...


Administrative/Regulatory, California Supreme Court, Constitutional Law, Government

Imagine that you're one of the more than 350,000 women in California who becomes unexpectedly pregnant every year. Maybe you f...


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

Ruling begins to explore the new patent venue landscape

Dec. 15, 2017
By Jeffrey M. Fisher, Nadia C. Arid

Following the U.S. Supreme Court's groundbreaking decision narrowing venue in patent infringement cases, unanswered questions ...


Administrative/Regulatory, Constitutional Law, Government, Civil Litigation

Preventing animal abuse is an issue many Californians support. But now 13 states are suing California over a law that says tha...


Ethics/Professional Responsibility, Judges and Judiciary

Judging on the graveyard shift

Dec. 15, 2017
By Lawrence P. Riff

The world of graveyard shift night owls is unfamiliar to lawyers who go on to become judges.


Judges and Judiciary

By now you likely know of the unfolding, slow-motion public crucifixion of 9th Circuit Judge Alex Kozinski.


Administrative/Regulatory, Corporate, Government, Labor/Employment

The Department of Labor announced last week that it intends to reverse course on the issue of tip pooling and give employers g...


Ethics/Professional Responsibility, Judges and Judiciary, Law Practice

Admiration for those who struggle to be on juries

Dec. 15, 2017
By Anthony J. Mohr

Half the state may want to avoid jury duty, but the other half includes not just those who serve with alacrity, but some who s...


Alternative Dispute Resolution, Civil Litigation

It ain't over til it's over

Dec. 15, 2017
By Carlos Moreno

Yogi Berra's famous baseball tautology resonates with its obvious simplicity. This adage also rings true especially in litigat...


Civil Litigation, Education Law

Universities can be distinctly different in structure than corporations, and so applying the law will vary depending upon the ...


Constitutional Law, Corporate, Civil Litigation, U.S. Supreme Court, Year in Review Column

Defense strategies shift in Spokeo's wake

Dec. 14, 2017
By Cary D. Sullivan, Chris Waidelich

It has been more than 18 months since the U.S. Supreme Court issued its decision holding that a bare, technical violation of t...


Intellectual Property, Civil Litigation, Year in Review Column

Inter partes review turned five years old this year, and the process has been widely adopted as a complement to patent litigat...


Judges and Judiciary, Law Practice

Kozinski and the number Six

Dec. 14, 2017
By Robert L. Bastian Jr.

This diatribe against 9th Circuit Judge Alex Kozinski's dismissive response to a Washington Post report which describes his al...


Law Practice, Civil Litigation

Trial lawyer Thomas V. Girardi

Dec. 14, 2017
By James R. Rosen

In a new series, James Rosen writes about the stories of prominent trial lawyers. This first installment discusses Tom Girardi...


Entertainment & Sports, Intellectual Property, Civil Litigation

Suit claims Disney plundered ‘Pirates’ script

Dec. 14, 2017
By Delia Ramirez

In a recent case, Disney has found itself in another battle with writers for an alleged infringement of a screenplay in creati...


Administrative/Regulatory, Corporate, Government, Law Practice, Tax

Both the House and Senate version of the Tax Cuts and Jobs Act include provisions that reduce the taxation of pass-through inc...


Law Practice, Tax

House and Senate tax bills target contingency fees

Dec. 14, 2017
By Robert W. Wood

Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can...


Administrative/Regulatory, Corporate, Government, Year in Review Column

What past is prologue for government enforcement in 2018?

Dec. 13, 2017
By Kimberly A. Dunne, James M. Perez

While 2017 began with questions about the new administration's enforcement agenda, it ends with many still unanswered question...


Civil Rights, Constitutional Law, Judges and Judiciary, U.S. Supreme Court

Leading us out of the cultural divide

Dec. 13, 2017
By Douglas Potts

Can court outreach inspire the public to dialogue with opposing factions on contentious social issues? It did just that with a...


Administrative/Regulatory, Antitrust & Trade Reg., Corporate, Government, Year in Review Column

Criminal antitrust enforcement likely to keep pace

Dec. 13, 2017
By Nell Clement, James Allison

Despite these leadership changes, it appears that criminal enforcement of antitrust violations will continue under President D...


Administrative/Regulatory, Corporate, Government, Labor/Employment

A step in right direction for family rights at work

Dec. 13, 2017
By Neal S. Salisian, Jay Lichter

As is typical of most legislation affecting business policies, SB 63 has stirred opposition in some, while leaving proponents ...


Administrative/Regulatory, Corporate, Government, Tax

Tax reform, tax reform, tax reform

Dec. 13, 2017
By Erin Bradrick

It seems clear that there is likely to be significant impact on the nonprofit sector no matter what tax bill Congress passes.


Appellate Practice, Judges and Judiciary, U.S. Supreme Court

How do you spell ‘G-U-I-D-A-N-C-E’?

Dec. 12, 2017
By Brian M. Hoffstadt

Although the courts' hesitancy to give guidance for future cases seems maddening at first blush, there is some method to that ...


Administrative/Regulatory, Civil Rights, Constitutional Law, Government, Labor/Employment

Legislative Open Records Act reform is needed

Dec. 12, 2017
By Duffy Carolan

Confronted with mounting pressure to address sexual harassment in the state's capital, the California Legislature needs to do ...


9th U.S. Circuit Court of Appeals, Appellate Practice, Civil Litigation, Year in Review Column

Class action litigation in the 9th Circuit

Dec. 12, 2017
By Neal R. Marder, Andrew S. Jick

This year was an eventful one in the area of class action litigation, particularly in the 9th U.S. Circuit Court of Appeals.


Appellate Practice, Constitutional Law, Government, Judges and Judiciary

Hey, courts: What about political power?

Dec. 12, 2017
By Aaron Tang

Judges should display a distinctive degree of trust to laws that burden powerful groups for at least three reasons.


Appellate Practice, California Supreme Court, Construction, Corporate

A California Supreme Court ruling is going to cause builders of newly constructed residential homes to lose some sleep. While ...


Administrative/Regulatory, Government

Regulators: approach cannabis with caution, not puns

Dec. 12, 2017
By Joseph M. Nicchitta

As Los Angeles County's first cannabis management officer, it is my job to implement the cannabis regulatory policies of the L...


Constitutional Law, Letters

Twitter can't eat cake and have it too

Dec. 12, 2017
By Mitchell Keiter

Twitter argues it should not be liable for ISIS's acts committed with its Twitter account. This accords with our intuitive und...