U.S. Supreme Court, Civil Litigation, Government
Government contractors soon may be able to access competitors’ confidential information
By Rebecca J. Edelson, Adam Bartolanzo
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
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
Courts are slow to address negligent STD transmission
By Thomas E. Wall
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
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
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
Double feature at the US Supreme Court clarifies the copyright litigation landscape
By Ian C. Ballon, Sabina A. Vayner
[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
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?
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
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
Appellate rulings transform patent eligibility challenges
By Alyssa M. Caridis
[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?
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
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
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
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
The troubling intersection of the DTSA and state caselaw
By Conor Tucker
[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
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
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
Western philosophy and attorney-client confidentiality
By Frank H. Wu
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
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 ...
Maybe. History might provide a helpful clue.
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?
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...
Sometimes, waiving oral argument is what’s best for your client.
Environmental & Energy
Lyndon Johnson’s vision of the (green) Great Society
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
Will California pass legislation addressing the Dynamex ruling?
By Benjamin M. Ebbink
When the California Legislature convened in December for the start of the 2019-2020 legislative session, it was clear from the...
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
By Nicolas Morgan, John Nowak
After a string of high-profile Supreme Court defeats, the SEC finally won one, and it will have ramifications.
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
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
By Steven Flannes Ph.D
Left unaddressed, demanding and intrusive forces can hinder cognitive performance and decision-making, increase conflict behav...