Civil Litigation, Intellectual Property
Blockchain, patents and open source software
By Tom D. Franklin, Brian D. Olion
Some people think open source and patents go together like oil and water. When it comes to blockchain technology, it's more li...
Civil Litigation, Intellectual Property
Think twice before omitting an AI entity as an inventor
By Raphael (Ray) Freiwirth, Vicki Norton
The advent of artificially intelligent entities capable of making new discoveries raises intriguing ethical issues surroundin...
Civil Litigation, Intellectual Property
Did you mark? I didn’t notice! The marking statute and licensed patents
By Joshua M. Masur, Joshua L. Rayes
Until a recent Federal Circuit ruling, the practical application of these duties and burdens in litigation was hotly disputed,...
Intellectual Property, Government, Entertainment & Sports
The most significant music licensing bill in a generation
By Jordan Bromley
The Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants.
Civil Litigation, Intellectual Property
Patent Office can intervene to defend its rulings
By Eliot D. Williams
A recent split panel of the Federal Circuit upheld the right of the U.S. Patent and Trademark Office to participate in an appe...
Civil Litigation, Intellectual Property
Making sense of patent damages after Exmark
By Alyssa M. Caridis, Mark Wine
At first glance, the January decision appears to turn a decade of patent damages jurisprudence on its head.
Intellectual Property, Civil Rights
Satisfying the patent application written description requirement
By James C. Yang
A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.
Civil Litigation, Intellectual Property, Constitutional Law
Amazon patents blur human-robot line
By Dariush G. Adli
The online retail giant's success in obtaining two patents has raised fundamental legal and even constitutional questions abou...
Civil Litigation, Intellectual Property
The rise of craft brew trademark wars
By Oliver S. Bajracharya
6,000 breweries means 6,000 brewery names, only some of which are registered as a trademark with the U.S. Patent and Trademark...
Civil Litigation, Intellectual Property
Drafting patent settlements and licenses: 5 rules
By Nicholas A. Brown
Patent licenses are often negotiated and agreed to at a high level. Below are five default rules worth remembering.
Government, Administrative/Regulatory
Lawmakers now at least have the right question
By Anita Taff-Rice
If nothing else comes of the two days of testimony by Facebook chief executive Mark Zuckerberg to the members of the U.S. Sena...
Growing up in California’s Central Valley, a high school guidance counselor offered her only three realistic career choices: t...
U.S. Supreme Court, Native Americans, Environmental & Energy, Constitutional Law
High court to hear tribal fishing rights arguments
By Richard M. Frank
On Wednesday, the justices will consider: A 164-year old treaty. Native American fishing rights. Dwindling migratory salmon st...
Immigration, Government, Constitutional Law
The travel ban and the US Supreme Court
By Erwin Chemerinsky
The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illega...
Civil Litigation, Contracts
Could an overlooked theory help Stormy Daniels win her case?
By J. Benjamin Blakeman
If what she said is true, Clifford should seek leave to amend her pleading to assert this theory, before it is too late.
Civil Litigation, California Supreme Court, California Courts of Appeal, Appellate Practice
Unpublished opinion review blues
By Christopher D. Hu
The California Supreme Court does review unpublished opinions, but rarely
Civil Litigation, Law Practice
Show us the money!
By Jason D. Russell, Hillary A. Hamilton
Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns ov...
Civil Litigation, Law Practice, Appellate Practice
Navigating Appeals
By Gary A. Watt
Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.
Mergers & Acquisitions, Corporate
How is the Tax Cuts and Jobs Act affecting M&A?
By Megan Lisa Jones, Alexander M. Lee
When evaluating the act’s impact on mergers and acquisitions, corporate and pass-through entity provision changes must also b...
U.S. Supreme Court, Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Justices should take LAX labor case
By Mark S. Ross, John D. Ellis
The Supreme Court should grant certiorari in this case to correct the 9th Circuit’s misapplication of the market participation...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Avoiding the problem of vicarious disqualification
By Linda W. Greenberg
In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have a...
State Bar & Bar Associations, Law Practice
More training needed for conservatorship attorneys
By Thomas F. Coleman
Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.
Tax
Use it or lose it: the newly doubled estate and gift tax exclusion
By Bruce Givner, Owen Kaye
The possibility of a California estate tax is only one more reason to engage in sophisticated estate tax planning now, while t...
Is it possible through legislation to strengthen the institution of marriage? Legislating to make the law regarding standstill...
Civil Litigation, Education Law, Criminal
Title IX sexual assault cases not conducive to summary judgment
By Carla DiMare
If you are a lawyer taking a Title IX case, even if the facts are clearly in favor of the victim or the suspect, it may be a l...
U.S. Supreme Court, Criminal, Constitutional Law
A duty to de-escalate
By Adrienna Wong
It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...
Intellectual Property, Entertainment & Sports
Blockchain technology is opening up new paths for artists
By Delia Ramirez
Artists are already using the technology to allow consumers to directly purchase and download music.
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or should...
U.S. Supreme Court, Government, Constitutional Law, Civil Rights
Qualified immunity has gone too far
By Robert L. Bastian Jr.
A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from ...
Civil Litigation, Administrative/Regulatory
Companies get some relief in automatic dialing system ruling
By Michael L. Mallow, Rachel A. Straus
A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.