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, California Supreme Court, California Courts of Appeal

As easy as “ABC,” but not exactly in California

Nov. 26, 2018
By Kevin D. Whittaker, Lara F. Graham

A recent ruling demonstrates that multiple tests for independent contractor status continue.


Corporate

Data breaches in 2018: contractor negligence

Nov. 26, 2018
By Anita Taff-Rice

While the cause of natural disasters is beyond our control, and stopping foreign governments’ malicious cyberattacks is daunti...


Civil Litigation, Appellate Practice

Stay what?

MCLE
Nov. 26, 2018
By James C. Martin, David J. de Jesus

Notices of appeal can get you less than you might think


Ethics/Professional Responsibility

Restoring civility in divisive times

MCLE
Nov. 23, 2018
By A. Marco Turk

Welcome to the brave new world of legal ethics and professional responsibility.


Law Practice

Tips on fee estimates in unpredictable cases

Nov. 23, 2018
By Frederick Hertz

Legal services tend to fall into three general categories when it comes to estimating fees: the “almost certainly” predictable...


Alternative Dispute Resolution

Mediation buzzkill

Nov. 23, 2018
By Robert S. Mann

With apologies for various maritime metaphors, here are some examples of mediation buzzkill and ways to avoid it.


Law Practice, Ethics/Professional Responsibility

What not to do when receiving a legal malpractice claim

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

Emotionally charged decisions made in response to the receipt of a claim rarely end well.


Law Practice, State Bar & Bar Associations

Bar exam blues

Nov. 21, 2018
By Howard B. Miller

The July 2018 California bar exam overall pass rate of 40.7 percent, the lowest in 60 years, has renewed intense discussion of...


Law Practice

Lawyers, judges and Facebook friends

Nov. 20, 2018
By Wendy L. Patrick

Social media has revolutionized the way people communicate, socialize and stay in touch. In terms of users, the social media r...


Government

A little-known subset of local government law is the law that applies to special districts, like cemeteries.


Finding a fit

Nov. 19, 2018
By Myron Moskovitz

Past retirement age and still talking about growing up.


Criminal

The reform law, as written, appears to repeal the second-degree felony-murder rule altogether.


U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution

For those of us who thought it couldn’t get much worse for consumers and employees, the 11th Circuit just decided to kick it u...


State Bar & Bar Associations, Law Practice

Public protection demands a diverse and inclusive legal system

Nov. 16, 2018
By Jason P. Lee, Leah Wilson

The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...


Law Practice, Ethics/Professional Responsibility

The deceptive simplicity of flat-fee arrangements

Nov. 16, 2018
By David M. Majchrzak, Heather L. Rosing

Despite this seeming simplicity — as with most things in life — the unanticipated can throw a wrench into a flat-fee agreement


Attorneys seeking to protect their celebrity clients’ personal confidential information disclosed in court proceedings from pu...


Labor/Employment

Ageism is the leading basis for discrimination complaints in California’s tech culture — 28 percent higher than race.


Civil Litigation, Intellectual Property

Fee award for bad faith in federal trade secrets case is a first

Nov. 15, 2018
By Dylan W. Wiseman, Rick A. Waltman

Now that one federal court has adopted the two-pronged “bad faith” analysis used by state courts, litigants might expect othe...


Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.


Government, Books

Many attorneys ruminate in trial, and not always on the matters before them. One hopes that the lawyer Ben Fountain has someon...


Labor/Employment

Consider the true implications of waiving arbitration

Nov. 14, 2018
By Anthony J. Oncidi 

While companies may be making a welcome gesture in support of the larger movement to put an end to sexual harassment in the wo...


Securities, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals

Overruled on other grounds by Brehm v Eisner

Nov. 14, 2018
By Bryan Ketroser

Unlike the Delaware Supreme Court, the 9th Circuit continues to review dismissals of shareholder derivative actions on demand ...


Education Law

Teaching what’s most important to learn

Nov. 13, 2018
By Frank H. Wu

Explaining the law is necessary but not sufficient


Civil Litigation, Intellectual Property

The details are in the devil in this copyright lawsuit

Nov. 13, 2018
By Bennett A. Bigman

On Nov. 8, the Satanic Temple filed a federal lawsuit for copyright infringement, false designation of origin and other claims...


U.S. Supreme Court, Government, Constitutional Law

Since the founding of the republic, religious tests have been anathema in the United States.


U.S. Supreme Court, Immigration, Constitutional Law

Those born in the United States are clearly citizens

Nov. 13, 2018
By Erwin Chemerinsky

The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardles...


U.S. Supreme Court, Government, Constitutional Law

The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the fe...


Criminal, Banking

My money ended up where?

Nov. 12, 2018
By Joshua J. Borger

Liability considerations for when someone breaks into your computer and sends your money overseas.


Labor/Employment

Employers should carefully review their procedures for providing lactation accommodation in accord with the requirements of AB...


Labor/Employment, Insurance, Health Care & Hospital Law

The carrot and/or stick approach to workplace smoking programs

Nov. 9, 2018
By Michelle Lee Flores, Marissa H. Alguire

Can California employers encourage employees to quit smoking or penalize them if they don’t?