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


Constitutional Law, Government

Balancing free speech and government interests

Nov. 2, 2023
By Christopher Rosario

Understanding the limitations on government employees’ speech is essential to maintaining the integrity of government institut...


Government, Health Care & Hospital Law

The heavy penalties for noncompliance have been labeled “extortion” by Pharma. They have also been called “turning up to a fig...


California Courts of Appeal, Ethics/Professional Responsibility

Now, every prevailing plaintiff’s attorney can expect to see defense counsel comb through every email and correspondence in th...


Criminal, Legal Education

In 1932, U.S. President Herbert Hoover established the federal Wickersham Commission to investigate law enforcement in the U.S...


Constitutional Law

California won’t dodge gun-ownership historical analysis

Nov. 1, 2023
By Dmitry Gorin, Alan Eisner

California may have good public policy arguments for banning the most commonly-owned types of rifles in the country, or all gu...


Labor/Employment, Torts/Personal Injury

Employers win in "take-home" COVID era

Nov. 1, 2023
By Jonathan J. Brown, Antwoin Wall

In California, following Kuciemba v. Victory Woodworks, Inc., the law on "take-home COVID" has been settled: Employers ...


Alternative Dispute Resolution, Law Practice

Discussions on “agreeing to disagree” by Deborah Enix-Ross and James Gray Robinson in the American Bar Association underscore ...


Appellate Practice, Government, U.S. Supreme Court

Maximizing education benefits to honor servicemen: post-Rudisill

Oct. 31, 2023
By Antoinette Naddour, Brendan Ford

A recent court case threatens the ability to aggregate educational benefits under the Montgomery GI Bill and the Post-9/11 GI ...


Admiralty/Maritime, U.S. Supreme Court

The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.


Civil Litigation, Law Practice, Torts/Personal Injury

After losing more trials than I would ever admit and running the business literally into the ground, someone reached out to me...


Labor/Employment, Litigation & Arbitration

At the top of employers’ minds are bills that impact the validity of non-compete agreements (reaching beyond state lines), inc...


Evidence, Litigation & Arbitration

Last words: On dying declarations

MCLE
Oct. 30, 2023
By Ashfaq G. Chowdhury

The voice from beyond the grave – it’s not just a trope in Stephen King, but is also codified as a hearsay exception, and has ...


Intellectual Property, Technology

Generative AI must account for artists’ rights of publicity

Oct. 30, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The discourse surrounding generative artificial intelligence tools, including those that imitate celebrities’ vocals, has prim...


Ethics/Professional Responsibility, State Bar & Bar Associations

Part 3 – Money laundering and other illegal activity

Oct. 30, 2023
By Jennifer Stalvey

There are steps you can take to proactively protect yourself from clients seeking to exploit you and your CTA for nefarious pu...


Constitutional Law, Intellectual Property, U.S. Supreme Court

Although Elster’s constitutional challenge is only as-applied, the decision could impact applications to register names of any...


Civil Litigation, Civil Procedure, Litigation & Arbitration

“New-clear” verdicts – don’t blame the jurors

Oct. 27, 2023
By P. Christopher Ardalan

It’s easy for the defense to see large verdicts as the result of vindictive, angry jurors. But this ignores the fundamental co...


Expert Advice, Law Practice

In the intricate realm of law, communication is more than words; it’s a tool that can shape outcomes, foster trust, and drive ...


Administrative/Regulatory, Cannabis, Government

These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increa...


Appellate Practice, Civil Procedure, Securities, U.S. Supreme Court

Under the Sarbanes-Oxley Act of 2002, must a whistleblower prove his employer acted with "retaliatory intent" as part of his c...


Constitutional Law, Land Use, U.S. Supreme Court

In September, the U.S. Supreme Court said it will consider expanding the Nollan/Dolan test for exactions on legislative...


Ethics/Professional Responsibility, Law Practice, Litigation & Arbitration

Lessons learned from classic fictional attorneys

MCLE
Oct. 26, 2023
By Joanna L. Storey Mishler

We set the stage with examples of how fictional attorneys handled a thorny issue, and then broke down how the attorney got it ...


Civil Rights, Government, Health Care & Hospital Law

California must invest in community mental health services and housing – with input from people with lived experience of menta...


Communications Law, Technology

While the California Net Neutrality law has been widely viewed as the toughest law legislation in the country, complaints must...


Constitutional Law, Intellectual Property

Physical takings under copyright law

Oct. 25, 2023
By Michael M. Berger

Demanding the physical surrender of private property to the government when there was no quid provided for this quo ran afoul ...


Contracts, Insurance

There is no easy solution and there are competing interests creating a constant political “tug of war.” Only time will tell ho...


9th U.S. Circuit Court of Appeals, Intellectual Property

Turning a blind eye to trademark infringement

Oct. 25, 2023
By Dariush Adli

Contributory trademark infringement based on willful blindness requires actual knowledge.


Ethics/Professional Responsibility


Constitutional Law, Criminal

The strategic question for criminal defense attorneys is, how long can we delay cases while we wait for the courts to strike d...


Alternative Dispute Resolution, Government

SB 365 could potentially lead to parallel proceedings, where the main dispute continues in court while the appeal on the defen...


Constitutional Law, U.S. Supreme Court

What to know about Culley v. Marshall

Oct. 24, 2023
By Conor Tucker

Respondents express concern that, under Mathews, a host of new procedural questions would arise, forcing federal courts to “mi...