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U.S. Supreme Court, Civil Litigation, Government

The U.S. Supreme Court is considering the scope of the trade secrets exemption under the Freedom of Information Act, which aff...


Civil Litigation, Corporate

Data breach responses: both mesmerizing and surreal

Apr. 17, 2019
By Anita Taff-Rice

The aftermath of a massive natural disaster is at the same time mesmerizing and surreal. So too is the unfolding saga of two o...


Civil Litigation, California Supreme Court

The law changes, but not at the speed many of us wish. This observation can be seen in the approach the California courts have...


Civil Litigation, Intellectual Property, Entertainment & Sports

The MMA’s impact on pre-1972 works

Apr. 17, 2019
By Krysta K. Pachman

[TOP IP] Just last year, Congress passed the Music Modernization Act, a comprehensive bill that overhauled the copyright licen...


Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

Zillow ruling provides practice tips for copyright claimants

Apr. 17, 2019
By Lawrence M. Hadley, Justin P. Thiele

[TOP IP] A ruling by the 9th Circuit in March provides a comprehensive and thorough examination into an internet service provi...


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

[TOP IP] The high court addressed the "application approach" vs. "registration approach" circuit split in one ruling, then tur...


Civil Litigation, Intellectual Property

Non-traditional trademark protection in the digital age

Apr. 17, 2019
By G. Warren Bleeker, Mike A. Koplow Ph.D.

[TOP IP] Trademarks traditionally are logos or words that identify the source of a brand, good or service. Trademark and trade...


Civil Litigation, Intellectual Property

Millennials changed marketing; will they change our approach to trademarks, too?

Apr. 17, 2019
By Heather A. Antoine, Alia Delpassand

[TOP IP] A simple search for "millennials" and "marketing" instantly yields a plethora of results on "how to market to millenn...


Civil Litigation, Intellectual Property

What is really patentable? PTO sheds light in recent guidance

Apr. 17, 2019
By Priti D. Phukan Ph.D, Mei Tsang

[TOP IP] Under the leadership of Director Andrei Iancu, the PTO has issued several key guidelines to help determine questions ...


Civil Litigation, Intellectual Property

[TOP IP] Over the course of seven days in February 2018, the U.S. Court of Appeals for the Federal Circuit issued two decision...


Civil Litigation, Intellectual Property

The right of publicity in the age of social media: Will a 'share' get you #sued?

Apr. 17, 2019
By Allison W. Buchner, Lauren Schweitzer

[TOP IP] Brands often look to social media as a way to generate free publicity by maintaining an active presence that reaches ...


Civil Litigation, Intellectual Property

Trade secret litigation in the 21st century

Apr. 17, 2019
By Randall E. Kay

[TOP IP] This century has seen a marked increase in trade secret disputes. The trend likely will continue in the years ahead. ...


Intellectual Property, Corporate

The data in the details: Issues to consider in AI

Apr. 17, 2019
By Ken D. Kumayama, Shaya S. Afshar

[TOP IP] This article highlights several important topics that may be relevant to attorneys dealing with artificial intelligen...


Intellectual Property, Corporate

Legal issues accompany the benefits of using AI

Apr. 17, 2019
By Vito Costanzo

[TOP IP] There are some significant legal policy issues raised by the emergence of artificial intelligence technology as it pe...


Civil Litigation, Intellectual Property

[TOP IP] Because of a dearth of federal cases on federal trade secret law, courts often use the "similarity" between federal a...


U.S. Supreme Court, Constitutional Law

We need to rein in agency deference

Apr. 16, 2019
By Anthony T. Caso

The U.S. Supreme Court heard arguments in a recent case concerning the deference courts give to agencies when interpreting the...


Civil Litigation, Government, Administrative/Regulatory

DOJ objecting to class settlements more frequently

Apr. 16, 2019
By Darren K. Cottriel, Ann T. Rossum

Within the past year, DOJ has objected to proposed class settlements in three consumer cases. These objections demonstrate hei...


Law Practice, Ethics/Professional Responsibility

It is not enough to be competent with the “black letter” principles. Lawyers will be competent only if they are aware of the ...


Law Practice, Law Office Management

A guide to the first steps of managing your firm’s exposure

Apr. 16, 2019
By Daniel O'Rielly, Dena Roche

It is a paradox of our practice that our clients — all of them law firms and lawyers who routinely advise, protect and defend ...


Criminal

Maybe. History might provide a helpful clue.


Government

California can lead the way on electronic wills

Apr. 15, 2019
By Julia Craig Kelety

California should adopt a simple, modern approach that recognizes the new ways that Californians memorialize their end-of-life...


Civil Litigation

Why aren’t there more California below-cost pricing cases?

MCLE
Apr. 15, 2019
By Dylan I. Ballard

The Unfair Practices Act is perhaps the broadest such statute in the nation, and far broader than comparable federal laws — ye...


Law Practice, Appellate Practice

Waive oral argument?

Apr. 15, 2019
By Myron Moskovitz

Sometimes, waiving oral argument is what’s best for your client.


Environmental & Energy

Lyndon Johnson’s vision of the (green) Great Society

Apr. 15, 2019
By Daniel A. Farber

As it turns out, President Johnson’s vision of the Great Society was environmentally oriented from the beginning.


Labor/Employment, Government

When the California Legislature convened in December for the start of the 2019-2020 legislative session, it was clear from the...


Law Practice

A gifted trial lawyer and raconteur

Apr. 12, 2019
By James R. Rosen

Just about nobody I know can spin a tale, poke fun at life and captivate his audience as well as Dick Carroll.


U.S. Supreme Court, Securities

Ruling will encourage SEC to pursue broader theories

Apr. 12, 2019
By Nicolas Morgan, John Nowak

After a string of high-profile Supreme Court defeats, the SEC finally won one, and it will have ramifications.


Books

The new transaction paradigm

Apr. 12, 2019
By Richard Wirick

Blockchain technology has many potential applications, but it is not without pitfalls and perils, which Primavera de Filippi a...


Government, Constitutional Law

Citizenship question threatens integrity of the census and state funding

Apr. 12, 2019
By Toni G. Atkins, Anthony Rendon

The Constitution requires a census that is an “actual Enumeration” that counts the whole number of persons in each state. That...


Law Practice

Using resilience tools to maintain high-level performance

MCLE
Apr. 12, 2019
By Steven Flannes Ph.D

Left unaddressed, demanding and intrusive forces can hinder cognitive performance and decision-making, increase conflict behav...