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U.S. Supreme Court, Criminal, Constitutional Law

The unbreakable structure of structural errors

Mar. 16, 2017
By Brian M. Hoffstadt

The approach the Supreme Court takes in an upcoming case may affect how ineffective counsel claims are litigated.


Data Privacy

Data ownership is an evolving concept

Mar. 15, 2017
By John Pavolotsky

People have been compiling and distributing data for a long time. However, in recent years, as our ability to capture and tran...


Law Practice, Corporate

Leading the legal charge at fast growing companies

Mar. 15, 2017
By Olga V. Mack, Katia Bloom

When it comes to expedited learning, few opportunities are better than working as in-house legal counsel at a fast-growing com...


Transportation

Looming legal battle over Bullitt Mustang

Mar. 15, 2017
By Jonathan A. Michaels

Last week, the famed Mustang that Steve McQueen drove in the 1968 movie "Bullitt" was found, after having gone missing some 49...


Obituaries

Banks Albach, who covered corporate law at the Daily Journal for the past two years, died last Wednesday of complications due ...


Judicial Profile

Kathleen Lewis

Mar. 15, 2017
By Arin Mikailian

San Diego County Judge Kathleen Lewis, an ex-prosecutor, says she is less cynical on the bench.


Tax

IRS has special agents, too

Mar. 14, 2017
By Robert W. Wood

The IRS recently raided Caterpillar's headquarters over its offshore tax practices. As the investigation plays out, it is wort...


Civil Rights

Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...


Judges and Judiciary

Lawyer, lawyer pants on fire

Mar. 14, 2017
By Dan Lawton

Today I paused over a recent headline that read: "Lawyer's Pants Catch Fire During Florida Arson Trial." By Dan Lawton ...


Law Practice

'Dance with the one that brought you'

Mar. 14, 2017
By Charles M. Kagay

The 9th Circuit has just extended Shania Twain's sage advice to the arcane world of subject matter jurisdiction. By Charles Ka...


Racism allowed on movie sets?

Mar. 14, 2017
By Steven J. Kaplan

A Court of Appeal recently held that a black supervisor's verbal assault — including several racial slurs — against a black su...


U.S. Supreme Court, Criminal, Constitutional Law

For all too long, the U.S. Supreme Court has refused to recognize the pervasiveness and insidiousness of racism in criminal ju...


Judicial Profile

Kathryn Solorzano

Mar. 12, 2017
By Arin Mikailian

Los Angeles County Judge Kathryn Solorzano wins plaudits for her thorough treatment of cases.


Law Practice

Winning is not the only thing. You do have to compromise -- even compromise your ideals. You do need to walk away from fights....


Law Practice

Attorney fees system is bad for us all

Mar. 11, 2017
By Richard A. Schulman

The issue has history: In Britain, the loser of a lawsuit pays the attorney fees of the winner. The "American rule," by contra...


Ethics/Professional Responsibility

Protect privileged data, or pay the price

Mar. 11, 2017
By Ann S. Lee

There are no clear rules on what security measures a lawyer must take to protect confidential emails or other electronically s...


Law Practice

When reentering the U.S., Customs and Border Protection officers can detain you for a number of different reasons. It doesn't ...


Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

Winters rights apply to groundwater, too

Mar. 11, 2017
By Josh Patashnik

This week the 9th Circuit held, as a matter of first impression, that the so-called "reserved rights" doctrine applies to grou...


Make no mistake, the Internal Revenue Service and California's Franchise Tax Board want receipts — meaning they want you to ke...


Just say no

Mar. 10, 2017
By Timothy A. Miller

Protecting buyers from unintended consequences of reliance disclaimers in M&A transactions. ...


Civil Litigation

Defamation claims and fake news bullsh*t

Mar. 10, 2017
By Dan D. Terzian

Imagine if you were sued for calling something "bullsh*t news." You don't have to imagine hard. It's already happened: BuzzFee...


Intellectual Property, Entertainment & Sports

To better understand the recent $20 million lawsuit filed against Beyoncé for alleged copyright infringement, it might help to...


Public Interest

Draft budget would slash legal aid funds

Mar. 10, 2017
By Ronald B. Turovsky

In 2016, the Legal Services Corporation provided over $43 million in funding to legal nonprofits across California. President ...


Law Practice, Ethics/Professional Responsibility

Act fast if hackers compromise client escrow funds

Mar. 10, 2017
By J. Randolph Evans, Shari L. Klevens

There is seemingly no limit to the lengths scam artists will go to victimize unsuspecting attorneys. Indeed, as you read this ...


Civil Litigation, Law Practice, Ethics/Professional Responsibility

The court's opinion correctly points out that neither the subjective belief of the client nor the formal act of withdrawing ar...


Labor/Employment, California Supreme Court

Rest period compliance guidance

Mar. 9, 2017
By David Martinez, Christina Lincoln

Last year, the California Supreme Court held that an employer's discretion to provide employees with on-duty meal periods does...


Perspective

Airtight immunity for web publishers

Mar. 9, 2017
By Christian P. Foote

Section 230 of the Communications Decency Act remains an extremely powerful shield against liability for web publishers, but o...


Perspective

Credit bidding by a creditor which has a valid and enforceable mortgage, trust deed or security interest in the property being...


Letters, Judges and Judiciary, Government

I write to correct portions of a recent letter to the editor, "Once again, governor's judicial appointments light on disabled,...


Technology & Science

Judges and jurors could participate in a five-minute VR training session before trials. Using just a headset and a pair of mot...