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


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

The American Bar Association recently undertook the question of whether a lawyer may passively invest in a law firm with nonla...


Law Practice, Appellate Practice

This is the third installment of a 4-part (true) story that began two columns ago.


Law Practice, Appellate Practice

The Effect of Reversal on Appeal

MCLE
Nov. 15, 2021
By David M. Axelrad

What happens when a judgment is reversed on appeal and remanded to the trial court? That depends on the appellate court’s “dis...


Labor/Employment, Administrative/Regulatory

Will OSHA’s new COVID regulation reach California employers?

Nov. 15, 2021
By Peter Brown, Alex Volberding

On Nov. 5, the federal Occupational Safety and Health Administration published a new COVID-19 Emergency Temporary Standard. Th...


Letters, Constitutional Law

Abortion and gun control back to the states

Nov. 15, 2021
By Richard A. Nixon

Dean Erwin Chemerinsky’s recent column states that what has been missing from the discussion of the new Texas law prohibiting ...


Environmental & Energy

CEQA protects California despite special interests’ ‘Big Lie’

Nov. 12, 2021
By Roger Lin, Douglas P. Carstens

Unfortunately, in recent months a Big Lie about the California Environmental Quality Act has been popping up around California...


Labor/Employment

Good grief, California! Workers need bereavement leave

Nov. 12, 2021
By Ronald L. Zambrano

More than 750,000 people in the United States have died from COVID-19, but employees in 49 states — including California — hav...


Intellectual Property, Civil Litigation

Ruling may impact DTSA pleading standards nationwide

Nov. 12, 2021
By Bambo Obaro, Erin M. Choi

A recent opinion by the 3rd Circuit clarified the standard for pleading a trade secret misappropriation claim under the federa...


U.S. Supreme Court, Criminal, Constitutional Law

On October 5, the U.S. Supreme Court heard oral arguments in a New York case that implicates the right of a criminal defendant...


Alternative Dispute Resolution

After 17 months of full-time mediation remotely, I offer these lessons from the pandemic as they pertain to mediation.


Government

Think outside the prison

Nov. 12, 2021
By Noel Wise

The largest U.S. infrastructure-focused budget should include investment in dedicated inpatient facilities for mentally ill an...


Insurance, Data Privacy, Civil Litigation

As claims arising from the collection and disclosure of biometric information proliferate, businesses faced with lawsuits will...


Law Practice, Civil Litigation


Tax, Law Practice

Steer clear of legal settlement tax myths

MCLE
Nov. 11, 2021
By Robert W. Wood

We all pay taxes, and we all talk about them, especially how we wish they were lower. A surprising number of people also expre...


Criminal, Corporate, Administrative/Regulatory

Renewed fight against corporate crime

Nov. 11, 2021
By Ariel A. Neuman, Alexander H. Tran

The U.S. Department of Justice last month announced a refocused and reinvigorated enforcement effort to address corporate crim...


Land Use, Government

SB 10 lawsuit misunderstands state-local relationship

Nov. 11, 2021
By Chris Elmendorf, Darien Shanske


Law Practice

The Next Generation of Jurors

MCLE
Nov. 10, 2021
By Harry Plotkin

Fact: If you’re going to trial in January 2022, you may have a juror born in the year 2004 on your jury, so you need to unders...


U.S. Supreme Court, Environmental & Energy, Constitutional Law

In an unexpected move that has proponents of President Joe Biden’s climate change agenda wary, the U.S. Supreme Court announce...


Criminal

Los Angeles District Attorney George Gascón’s policies have resulted in dangerous individuals being released from custody and ...


Law Practice, Judges and Judiciary, Civil Litigation

Tips and best practices in Los Angeles’ Complex Courts

Nov. 10, 2021
By Jeffrey A. Koncius

Avoiding the common pitfalls set below will help the court and its staff address as many litigants as possible.


Technology, Law Practice

We often refer to abstract topics by referring to our sensory capacities, such as claiming that something stinks or smells, ev...


Beware: Higher-tiered parties on a construction project can be liable for interference with contract even if they have a socia...


U.S. Supreme Court, Environmental & Energy, Civil Litigation

Climate changes heads back to the high court

Nov. 9, 2021
By Richard M. Frank

Recently the U.S. Supreme Court granted review in its first environmental cases of the court’s current term; they focus on the...


Securities, Corporate

ESG and SEC: The path forward for ESG manager rulemaking

Nov. 9, 2021
By W. Hardy Callcott, Ranah L. Esmaili

Investor demand for environmental, social and governance, commonly referred to as “ESG,” investment opportunities has surged w...


Family

It’s over. Or is it? The date of separation quandary

MCLE
Nov. 9, 2021
By Scott J. Nord

To paraphrase “Hamlet,” “Separated, or not separated — that is the question” The date of separation is legally the date of the...


The bill embodies a new, more just approach in which government initiates and completes the process for reducing, dismissing, ...


Criminal

9th Circuit creates private search exception circuit split

Nov. 8, 2021
By Dmitry Gorin, Alan Eisner

The 9th Circuit recently created a circuit split regarding the private search exception to the Fourth Amendment and government...


Intellectual Property

Biden administration emphasizes 'quality; in patent proposals

Nov. 8, 2021
By Sarah Geers, Matt Johnson

This past summer, President Joe Biden issued an Executive Order on Promoting Competition in the American Economy. This executi...


U.S. Supreme Court, Data Privacy, Civil Litigation

TransUnion changes the game in data breach and privacy class actions

Nov. 5, 2021
By Ronald I. Raether, Tambry L. Bradford-Morales

This summer, the U.S. Supreme Court ruled that plaintiffs must suffer concrete harm to have standing to recover for a statutor...


Torts/Personal Injury, Civil Litigation

Key steps in trucking litigation

MCLE
Nov. 5, 2021
By Katherine Harvey-Lee

Commercial trucking litigation is complex. The complexities of the collision, the extent of the injury, the intricacies of the...