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


Civil Litigation, Construction

Insurance and indemnity provisions are the primary risk-shifting tools for owners and contractors. Sometimes, though, insuranc...


Environmental & Energy, Administrative/Regulatory

This is likely to affect everyone in the supply chain from growers to manufacturers, to distributors to retailers.


Judges and Judiciary, Government

Every judge is free (from what?)

Sep. 11, 2017
By Richard A. Schulman

The concept of judicial independence has been in the news a lot lately. But seldom do people ask: Independent from what? And w...


Government, Education Law, Civil Rights, Administrative/Regulatory

Changing sexual assault rules: wrong time, wrong way

Sep. 11, 2017
By Barbara S. Bryant

Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault.


U.S. Supreme Court, Civil Litigation

Roadblocks to mass actions

Sep. 11, 2017
By Brian S. Kabateck, Nicholas R. Moreno

In light of recent U.S. Supreme Court rulings, the plaintiffs’ bar will have to adapt its approach to national mass actions.


Civil Litigation, Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice

Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.


Law Practice, Ethics/Professional Responsibility

Emails, e-fails and risks to sanity

Sep. 8, 2017
By Louie H. Castoria

Civility aside, lawyers have professional concerns about their use and abuse of email. Here are a few.


Civil Litigation, Alternative Dispute Resolution

For many reasons, it is usually advantageous to have an arbitration award confirmed in California state court. But not always.


Civil Litigation, Insurance, California Supreme Court, California Courts of Appeal

Additional insureds and bad faith

MCLE
Sep. 8, 2017
By Kirk A. Pasich

Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.


Civil Litigation, Law Practice, 9th U.S. Circuit Court of Appeals

Cy pres is alive and well in class action settlements

Sep. 8, 2017
By Caleb H. Liang, James M. Lee

The 9th Circuit has approved the use of cy pres in settlements where there are millions of class members who would receive pen...


Law Practice, Ethics/Professional Responsibility

Spot warning signs in the quest for new clients

Sep. 8, 2017
By J. Randolph Evans, Shari L. Klevens

In the never-ending search for new clients and more work, attorneys are often willing to overlook or explain away the warning ...


Tax, Civil Litigation, Government, California Supreme Court, California Courts of Appeal

It just got easier to pass local taxes

Sep. 7, 2017
By Meriem L. Hubbard

Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...


U.S. Supreme Court, Mergers & Acquisitions, Corporate, Bankruptcy

Justices to weigh complex M&A safe harbors

Sep. 7, 2017
By Neal S. Salisian, Stephanie Chau

The Supreme Court’s grant of certiorari in a case is a clear indicator that it is ready to resolve the endemic circuit split o...


Immigration, Government

The end of the Deferred Action for Childhood Applicants program will affect almost 800,000 young people present in the U.S. wi...


Insurance, California Supreme Court, California Courts of Appeal

Punitive damages for failing to defend developer

Sep. 7, 2017
By Roger C. Haerr

The California Court of Appeal recently affirmed in part a punitive damages award arising out of an insurer’s bad faith in ref...


Government, Corporate

SEC settlements can bring unintended consequences for CPAs

Sep. 7, 2017
By Mark Mermelstein, Kevin Askew

A settlement with the Securities and Exchange Commission can, and often does, prompt aggressive disciplinary action by the Cal...


Intellectual Property, Corporate

Don’t wait to address common trademark issues for startups

Sep. 7, 2017
By Jennifer Lee Taylor, Margaret Mayo

Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...


Tax, Government

California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.


Immigration, Government

By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to ...


Law Practice, Civil Rights, State Bar & Bar Associations

The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear...


Civil Litigation, California Supreme Court, California Courts of Appeal

Gravamen theory in anti-SLAPP

Sep. 6, 2017
By Thomas A. Delaney

Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.


Military Law, Government, Criminal

On March 25, 1814, Hull became the only general in American history sentenced to death.


U.S. Supreme Court, Government, Constitutional Law

The pardon of Joe Arpaio has caused the stir it was apparently intended to generate — and the Daily Journal recently published...


Transportation, Administrative/Regulatory

While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...


Civil Litigation, California Supreme Court, Bankruptcy, 9th U.S. Circuit Court of Appeals

Spendthrift clauses get a new limitation

Sep. 5, 2017
By Megan Lisa Jones

Ambiguities in the California Probate Code led to disagreements among courts. Under the current ruling, a bankruptcy estate is...


Civil Litigation, Law Practice, Appellate Practice

Filing the Notice of Appeal

Sep. 5, 2017
By Myron Moskovitz

If you screw up this one, there is no appeal.


Government, Constitutional Law, Civil Rights

An assault on the freedom of the press

Sep. 5, 2017
By Duffy Carolan

The UN high commissioner for human rights recently railed against President Trump for his attack on freedom of the press.


Law Practice, Judges and Judiciary

Tyypos

Sep. 5, 2017
By Arthur Gilbert

Back in the old days when I practiced law, I stumbled through rounds of combat with the IBM Selectric. To place the boxing ana...


Securities, Corporate, Administrative/Regulatory

California now grants an exemption that allows individuals acting as “finders” to receive transaction-based compensation witho...


Government, Environmental & Energy, Administrative/Regulatory

Nature abhorrent vacuum

Sep. 1, 2017
By Clark Morrison

How California is filling the void in federal environmental regulation.