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U.S. Supreme Court, Intellectual Property

Litigation before trademark appeal board just got real

Mar. 26, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

On Tuesday, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board may have a preclusive effect on...


U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice

Three appeals ready for argument call on the 9th Circuit to decide the same issue confronted by the state Supreme Court in ...


U.S. Supreme Court, Intellectual Property

The U.S. high court's affirmation of the jury's role in deciding mixed questions of law and fact is likely to resonate in the ...


Government, Alternative Dispute Resolution, Administrative/Regulatory

Fighting against forced arbitration

Mar. 25, 2015
By Elise R. Sanguinetti

Earlier this month, the Consumer Financial Protection Bureau released a report that spelled what many have argued for years: F...


Law Practice, Criminal, Constitutional Law

Bruton rule in a post-Crawford world

MCLE
Mar. 23, 2015
By Thomas Rubinson

Acquaint yourself with limits to admission of a defendant's statements in multiple defendant trials, and to explore redaction ...


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

Will 'Blurred Lines' bury artistic freedom?

Mar. 24, 2015
By Glen A. Rothstein

The verdict, with the odds seemingly stacked against the Gaye estate, could redefine what copyright infringement means for rec...


Civil Rights, Administrative/Regulatory

Make online education accessible to all

Mar. 24, 2015
By Howard Rosenblum

Netflix eventually agreed to caption all its content - and online education should follow suit. ...


Law Practice, Ethics/Professional Responsibility

Lawyers routinely use smartphones, tablets and other devices to perform legal work, which translates into speed and convenienc...


In a case the U.S. Supreme Court will soon decide, the justices should overturn the 7th Circuit's ruling that courts are prohi...


U.S. Supreme Court

Workers need access to swift resolution of cases

Mar. 21, 2015
By Jennifer Reisch

If the U.S. Supreme Court rules that courts can review the EEOC's conciliation activities, it will have strong negative reperc...


Law Practice

Admit the confession heard 'round the world?

Mar. 20, 2015
By Mathew S. Rosengart

"What the hell did I do? Killed them all, of course," Robert Durst muttered to himself during a bathroom break at the conclusi...


Criminal

States are scrambling to update their penal codes to address the revenge porn phenomenon; in the meantime, victims might consi...


Administrative/Regulatory

Data breach laws in motion

Mar. 19, 2015
By Mary Ellen Callahan, Heidi L. Wachs

State and federal data breach laws are ever evolving these days. ...


Labor/Employment

Employers can't stop harassment if it doesn't exist

Mar. 18, 2015
By Timothy D. Reuben, Michael Hirota

A recent decision provides welcome guidance about when an employer is liable for failing to prevent sexual harassment or discr...


Constitutional Law

Protect student speech

Mar. 18, 2015
By Erwin Chemerinsky

Next week, the U.S. Supreme Court will consider whether to grant review in an important case concerning student speech. ...


Environmental & Energy

Ruling complicated use of CEQA's categorical exemptions

Mar. 17, 2015
By Donald E. Sobelman, Nicole M. Martin

Some exemptions from CEQA do not apply if there's a reasonable possibility of a significant effect on the environment due to u...


Law Practice

The law of the sharing economy

Mar. 17, 2015
By Michael A. Troncoso

As a recent misclassification case against ride-sharing service Lyft shows, our labor laws were written for a different centur...


Alternative Dispute Resolution

A scoop of mint chocolate chip mediation

Mar. 14, 2015
By Jill Switzer

Picking a mediator can be overwhelming - kind of like standing in front of the supermarket ice cream freezer. ...


Intellectual Property

Can I trademark this sick song lyric?

Mar. 14, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

Taylor Swift recently made headlines for attempting to register her song lyrics as trademarks. By Jocelyn M. Belloni and Sharo...


Civil Litigation, Government, Contracts, Construction

A court recently held the plaintiffs could state a cause of action if the winning bidder was able to submit a lower bid becaus...


Intellectual Property, Administrative/Regulatory

Biosimilar approval a groundbreaking step

Mar. 14, 2015
By Michelle Rhyu, Susan Krumplitsch

The Food and Drug Administration recently approved the first biosimilar drug for use in the United States. By Michelle Rhyu an...


Intellectual Property

Converse is kicking out the competition

Mar. 13, 2015
By Nicholas A. Rozansky

The shoemaker recently dropped a legal bombshell on dozens of companies, claiming they are infringing upon signature elements ...


U.S. Supreme Court, Labor/Employment

A case pending in the U.S. Supreme Court could alter the legal landscape for public sector labor unions. ...


Entertainment & Sports

What happened to the sports page?

Mar. 12, 2015
By Richard Mosk

Chief Justice Earl Warren once told me that in reading the newspaper, he always read the sports page first to read about mans'...


U.S. Supreme Court, State Bar & Bar Associations

A ruling worth the State Bar's attention

Mar. 12, 2015
By Robert C. Fellmeth

We can predict that the bar will view a recent high court ruling as an ephemeral nightmare or falsely rationalize that it does...


U.S. Supreme Court, Constitutional Law

Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.


Labor/Employment

The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is ...


Constitutional Law

Round One to state on handgun rosters

Mar. 10, 2015
By Ara R. Jabagchourian

Over five years after the filing of an action challenging California's Unsafe Handgun Act, last week a federal district court ...


Mergers & Acquisitions, Law Practice, Law Office Management

Diligence curbs conflict in law firm mergers

Mar. 7, 2015
By Randall A. Miller, Shawn Shaffie

Among the many risks inherent in law firm combinations is ensuring the amalgam does not run afoul of ethical rules prohibiting...


Government, Environmental & Energy, Administrative/Regulatory

Another front in war on fracking

Mar. 7, 2015
By Michael N. Mills, Shannon L. Morrissey

The Center for Biological Diversity recently sued several federal agencies for issuing permits to drill of the coast of Califo...