U.S. Supreme Court, Intellectual Property
Litigation before trademark appeal board just got real
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
9th Circuit could soon rule on PAGA waiver legality
By Felix Shafir
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
Clarifying the jury's role in intellectual property cases
By Andrew J. Thomas
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
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
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?
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
By Howard Rosenblum
Netflix eventually agreed to caption all its content - and online education should follow suit. ...
Law Practice, Ethics/Professional Responsibility
Ethical considerations for lawyers in age of the cloud
By Wendy Chang
Lawyers routinely use smartphones, tablets and other devices to perform legal work, which translates into speed and convenienc...
Precluding review will produce more litigation
By Rae T. Vann
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
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...
"What the hell did I do? Killed them all, of course," Robert Durst muttered to himself during a bathroom break at the conclusi...
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
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
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...
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
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...
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
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?
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
Losing bidders can sue when winners don't pay prevailing wages
By Michael J. Maurer
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
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...
The shoemaker recently dropped a legal bombshell on dozens of companies, claiming they are infringing upon signature elements ...
U.S. Supreme Court, Labor/Employment
Agency shop's last dance?
A case pending in the U.S. Supreme Court could alter the legal landscape for public sector labor unions. ...
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
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
Creeping libertarian constitutionalism at US high court
By Ilya Somin
Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.
Labor/Employment
ERISA ruling is bad news for plaintiffs, could create split
By Michelle L. Roberts
The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is ...
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
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
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...