U.S. Supreme Court, Criminal, Constitutional Law
The unbreakable structure of structural errors
By Brian M. Hoffstadt
The approach the Supreme Court takes in an upcoming case may affect how ineffective counsel claims are litigated.
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
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...
Last week, the famed Mustang that Steve McQueen drove in the 1968 movie "Bullitt" was found, after having gone missing some 49...
Obituaries
Daily Journal reporter known for music, billiards expertise dies
By Craig Anderson
Banks Albach, who covered corporate law at the Daily Journal for the past two years, died last Wednesday of complications due ...
San Diego County Judge Kathleen Lewis, an ex-prosecutor, says she is less cynical on the bench.
The IRS recently raided Caterpillar's headquarters over its offshore tax practices. As the investigation plays out, it is wort...
Civil Rights
Third-party standing as an ADA accommodation on appeal
By Thomas F. Coleman
Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...
Today I paused over a recent headline that read: "Lawyer's Pants Catch Fire During Florida Arson Trial." By Dan Lawton ...
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?
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
Decisions show increased attention to racism in criminal trials
By Erwin Chemerinsky
For all too long, the U.S. Supreme Court has refused to recognize the pervasiveness and insidiousness of racism in criminal ju...
Los Angeles County Judge Kathryn Solorzano wins plaudits for her thorough treatment of cases.
Winning is not the only thing. You do have to compromise -- even compromise your ideals. You do need to walk away from fights....
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
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
State Bar should issue opinion on client data and travel
By Mark A. Larouche
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
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
By Timothy A. Miller
Protecting buyers from unintended consequences of reliance disclaimers in M&A transactions. ...
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
If you liked it, then you should've bought the rights to it
By Gerald L. Sauer
To better understand the recent $20 million lawsuit filed against Beyoncé for alleged copyright infringement, it might help to...
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
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
A statute of limitations ruling favoring lawyers
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
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...
Section 230 of the Communications Decency Act remains an extremely powerful shield against liability for web publishers, but o...
Perspective
Secured creditors bidding with play money in bankruptcy sales
By David M. Reeder
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
Judicial appointment statistics clarification
By Evan Westrup
I write to correct portions of a recent letter to the editor, "Once again, governor's judicial appointments light on disabled,...
Technology & Science
Fighting implicit bias in the courtroom with virtual reality
By Natalie Salmanowitz
Judges and jurors could participate in a five-minute VR training session before trials. Using just a headset and a pair of mot...