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


Intellectual Property

As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...


Environmental & Energy

Blockchain and energy: hope or hype?

Dec. 26, 2018
By Buck Endemann

Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.


“Pay me next year” requests are common with employers, suppliers, vendors, customers and more. And this time of year, many peo...


Civil Litigation, Intellectual Property

A few simple steps, taken early in the litigation, can make the difference between a favorable early settlement and a large fe...


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

Willful Infringement and enhanced damages, post-Halo

MCLE
Dec. 24, 2018
By Brian P. Biddinger, Cary E. Adickman

Though courts have tried to make it easier for accused infringers to predict their liability exposure by articulating specific...


Appellate Practice

Decoding the shot clock on appeal

Dec. 24, 2018
By Charles M. Kagay

Sports cognoscenti say the shot clock -- a 24-second limit on possession of the basketball before taking a shot -- saved the N...


Corporate, Bankruptcy, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently reached the unsurprising conclusion that former board members lacked the power to authorize the filin...


Law Practice, Ethics/Professional Responsibility

The case for adding empathy to your legal practice

Dec. 24, 2018
By Jan Frankel Schau

In his 1989 Inaugural Speech, the late President George H.W. Bush famously stated: “America is never wholly herself unless she...


Civil Litigation, Intellectual Property

A potential source of disharmony in claim construction standards

MCLE
Dec. 21, 2018
By Jim Glass, Samuel Jacobs

We recently wrote about how the Patent Office’s new rule could create disharmony in claim construction. Today we discuss the p...


Law Practice, Law Office Management

Tips for addressing document retention issues

Dec. 21, 2018
By Shari L. Klevens, Alanna G. Clair

Even in today's digital world, attorneys can drown in paper.


Law Practice, Alternative Dispute Resolution

Our cognitive bias prevents us from learning the lessons that experience can teach us -- this is the point: bias clouds our ab...


Civil Litigation, Entertainment & Sports, Constitutional Law

Will the high court hear de Havilland’s case?

Dec. 21, 2018
By Kevin L. Vick

Actress Olivia de Havilland has an enviable resume. Now 102 years old, de Havilland seeks to leave yet another mark on the ent...


U.S. Supreme Court, Civil Litigation, Labor/Employment

Dueling proposals signal 2019 will be the year of Dynamex

Dec. 20, 2018
By Benjamin M. Ebbink

It is clear that the dominant policy issue in California will focus on the ramifications of the California’s Supreme Court’s l...


Government, Criminal

Bill walks back tough-on-crime policies

Dec. 20, 2018
By Arash Hashemi

Employing an increasingly endangered species known as “bipartisan compromise,” the U.S. Senate this week passed legislation de...


In today’s interconnected, online world, public law libraries have evolved with the times. They are much more than that place ...


Government, Administrative/Regulatory

A new year means new avant garde and offbeat laws for California

Dec. 20, 2018
By Richard H. Lee, Glenn R. Coffman

While many new and important laws go into effect on Jan. 1, there are also those that showcase our quirky, trendsetting and di...


Government, Environmental & Energy, Administrative/Regulatory

Brown will leave office having set ambitious climate goals

Dec. 20, 2018
By Rosanna Carvacho, Teresa Cooke

Taken together, Senate Bill 100 and Executive Order B-55-18 to Achieve Carbon Neutrality set California — one of the world’s l...


Government, Corporate, Administrative/Regulatory

Marriott bought a hotel... and a massive data breach

Dec. 19, 2018
By Anita Taff-Rice

When Marriott International purchased Starwood in 2016, it became the world’s largest hotel chain. Unbeknownst to Marriott, it...


Law Practice, Ethics/Professional Responsibility

I recently defended a deposition for the first time in many years, having become a full-time neutral about 10 years ago. My ex...


Law Practice

The Judicial Council has just released for public comment a set of new educational requirements for court-appointed attorneys ...


Government, Constitutional Law

The power to pardon

Dec. 19, 2018
By John H. Minan

The Constitution states only two limits on the pardon power: It only applies to federal offenses, and that it cannot be used t...


Labor/Employment, Government

Public sector employers generally have the ability to interview their own employees in furtherance of conducting workplace inv...


Civil Litigation, Labor/Employment

An eligible employee may take an early pension without regard to disability. But early retirement often comes with a substanti...


Last week, U.S. District Judge Kimberly Mueller made a bold and much needed ruling.


Law Practice

Is the law logical?

Dec. 18, 2018
By Frank H. Wu

Oliver Wendell Holmes, Jr., famously declared that the life of law has not been logic but experience. Yet logic improves advoc...


Civil Litigation, Labor/Employment

Enterprising plaintiffs’ lawyers are increasingly trying to fill the gap by relying upon evidence of purported “implicit bias”...


Tax, Civil Litigation, Health Care & Hospital Law, Constitutional Law

ACA ruling won’t hold up

Dec. 18, 2018
By Erwin Chemerinsky


Civil Litigation, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

En banc 9th Circuit should reconsider FTC Act case

Dec. 17, 2018
By Blaine H. Evanson

9th Circuit Judges Diarmuid O'Scannlain and Carlos Bea have called on the en banc court to reconsider precedent approving of b...


Criminal, California Supreme Court, Appellate Practice

A rarity: Success on habeas

Dec. 17, 2018
By David Aram Kaiser

Last March, the California Supreme Court vacated the conviction and sentence of a death row inmate. This rarely happens.


Civil Litigation, Intellectual Property

A potential source of claims construction disharmony

Dec. 14, 2018
By Jim Glass, Samuel Jacobs

The PTO's recent rule change specifies that the Phillips standard will apply to both America Invents Act proceedings involving...