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


Labor/Employment, Administrative/Regulatory

Beware the hidden costs of OSHA citations

Apr. 23, 2019
By Jonathan S. Vick

The amount of the penalties has increased substantially over the past few years. Additionally, employers can be subjected to p...


Entertainment & Sports, Antitrust & Trade Reg.

The famed director recently proposed that the Academy of Motion Picture Arts and Sciences change its eligibility rules to keep...


Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

9th Circuit raises bar for Article III Standing

Apr. 23, 2019
By Jennifer A. Jackson, Matthew M. Petersen

The court has become a battleground between plaintiffs and defendants on the issue of Article III standing in the wake of Spokeo.


Government, Constitutional Law

Amidst the furor over the Mueller report, not enough attention has been paid to a crucial premise for many of its conclusions:...


Entertainment & Sports

Trouble in tinsel town

Apr. 23, 2019
By Neville L. Johnson, Douglas L. Johnson

Hollywood talent agents and writers are at war with each other in what augurs to be the most important litigation in the enter...


U.S. Supreme Court, Securities, 9th U.S. Circuit Court of Appeals

A private right to sue over tender offers

Apr. 22, 2019
By Matthew W. Close, Brittany A. Rogers

A new issue quickly spilled onto center stage in a securities case currently before the U.S. Supreme Court: whether investors ...


Administrative/Regulatory

Despite the fact that the FTC may demand consumer redress or relief, this has not transpired in any cases against influencers.


Tax, Real Estate/Development, Government

Treasury releases long-awaited QOZ regulations

Apr. 19, 2019
By Andrew L. Gradman, Neda R. Barkhordar

There are still legitimate reasons to sit on the sidelines. But confusion over the rules is no longer one of them.


Civil Rights

Breaking the code of silence

Apr. 19, 2019
By Shimica Gaskins, Jyoti Nanda

Imagine being a teenage girl and locked up in a juvenile detention facility. Now imagine being sexually assaulted up to 10 tim...


Law Practice, Ethics/Professional Responsibility

Unconscionable: despicable, or inconceivable?

Apr. 19, 2019
By Louie H. Castoria

We need to draw a bold line between acceptable and unacceptable behavior in the law. Take fees, for example. No, not my fees, ...


Law Practice

Claiming a shortage of certified shorthand reporters, big box court reporting firms are sending audio/visual operators to depo...


Real Estate/Development, Law Practice

There is likely no more enticing place for a thief to commit cybertheft than in California due to our real estate prices. And,...


Administrative/Regulatory

Why are cities trying to shut down cannabis delivery services?

Apr. 18, 2019
By Allison B. Margolin, James Raza Lawrence

State law permits local jurisdictions to ban commercial cannabis storefront and non-retail operations within their borders, bu...


Alternative Dispute Resolution

Mediators persist in efforts to rebuild and renew. The destroyers and innovative creators of the last 856 years in the evolvin...


Letters, State Bar & Bar Associations

Last fall, the State Bar’s Board of Trustees circulated for public comment rule changes for special admissions of attorneys li...


Civil Litigation, Intellectual Property

Decision may chart new course for patent eligibility

Apr. 18, 2019
By Daniel N. Yannuzzi, C. Dylan Turner

The Federal Circuit has again weighed in on patent subject-matter eligibility of natural phenomena, finding certain amino-acid...


U.S. Supreme Court, Constitutional Law, California Supreme Court

It is truly a shame to see the California Supreme Court walk right up to the edge of aligning state and federal constitutional...


U.S. Supreme Court, Civil Litigation, Government

The U.S. Supreme Court is considering the scope of the trade secrets exemption under the Freedom of Information Act, which aff...


Civil Litigation, Corporate

Data breach responses: both mesmerizing and surreal

Apr. 17, 2019
By Anita Taff-Rice

The aftermath of a massive natural disaster is at the same time mesmerizing and surreal. So too is the unfolding saga of two o...


Civil Litigation, California Supreme Court

The law changes, but not at the speed many of us wish. This observation can be seen in the approach the California courts have...


Civil Litigation, Intellectual Property, Entertainment & Sports

The MMA’s impact on pre-1972 works

Apr. 17, 2019
By Krysta K. Pachman

[TOP IP] Just last year, Congress passed the Music Modernization Act, a comprehensive bill that overhauled the copyright licen...


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

Zillow ruling provides practice tips for copyright claimants

Apr. 17, 2019
By Lawrence M. Hadley, Justin P. Thiele

[TOP IP] A ruling by the 9th Circuit in March provides a comprehensive and thorough examination into an internet service provi...


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

[TOP IP] The high court addressed the "application approach" vs. "registration approach" circuit split in one ruling, then tur...


Civil Litigation, Intellectual Property

Non-traditional trademark protection in the digital age

Apr. 17, 2019
By G. Warren Bleeker, Mike A. Koplow Ph.D.

[TOP IP] Trademarks traditionally are logos or words that identify the source of a brand, good or service. Trademark and trade...


Civil Litigation, Intellectual Property

Millennials changed marketing; will they change our approach to trademarks, too?

Apr. 17, 2019
By Heather A. Antoine, Alia Delpassand

[TOP IP] A simple search for "millennials" and "marketing" instantly yields a plethora of results on "how to market to millenn...


Civil Litigation, Intellectual Property

What is really patentable? PTO sheds light in recent guidance

Apr. 17, 2019
By Priti D. Phukan Ph.D, Mei Tsang

[TOP IP] Under the leadership of Director Andrei Iancu, the PTO has issued several key guidelines to help determine questions ...


Civil Litigation, Intellectual Property

[TOP IP] Over the course of seven days in February 2018, the U.S. Court of Appeals for the Federal Circuit issued two decision...


Civil Litigation, Intellectual Property

The right of publicity in the age of social media: Will a 'share' get you #sued?

Apr. 17, 2019
By Allison W. Buchner, Lauren Schweitzer

[TOP IP] Brands often look to social media as a way to generate free publicity by maintaining an active presence that reaches ...


Civil Litigation, Intellectual Property

Trade secret litigation in the 21st century

Apr. 17, 2019
By Randall E. Kay

[TOP IP] This century has seen a marked increase in trade secret disputes. The trend likely will continue in the years ahead. ...


Intellectual Property, Corporate

The data in the details: Issues to consider in AI

Apr. 17, 2019
By Ken D. Kumayama, Shaya S. Afshar

[TOP IP] This article highlights several important topics that may be relevant to attorneys dealing with artificial intelligen...