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

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...


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

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


Intellectual Property, Civil Litigation

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...


Intellectual Property, Civil Litigation

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...


Intellectual Property, Civil Litigation

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 ...


Intellectual Property, Civil Litigation

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


Intellectual Property, Civil Litigation

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 ...


Intellectual Property, Civil Litigation

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. ...


Corporate, Intellectual Property

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...


Corporate, Intellectual Property

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...


Intellectual Property, Civil Litigation

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


Constitutional Law, U.S. Supreme Court

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...


Administrative/Regulatory, Government, Civil Litigation

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...


Ethics/Professional Responsibility, Law Practice

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


Law Office Management, Law Practice

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...


Appellate Practice, Law 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.


Government, Labor/Employment

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.


Securities, U.S. Supreme Court

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...


Constitutional Law, Government

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...


Entertainment & Sports, Labor/Employment

Last week the Writers Guild of America voted, with the support of other major entertainment industry organizations, to require...


Administrative/Regulatory, Government

Facebook and fair housing in 2019

Apr. 11, 2019
By Gary W. Rhoades

Half a century after becoming law, the Fair Housing Act still holds up as a law to help stop housing discrimination in the int...


No accountability for financial misconduct means no change

Apr. 10, 2019
By David S. Casey Jr., Jeremy K. Robinson

If the government is unwilling to provide public enforcement, it should at least clear the way for private plaintiffs to take ...


Constitutional Law

Property owners have the right to a fair hearing first

Apr. 10, 2019
By Damien M. Schiff, Paul Beard

There’s a legitimate debate about how best to balance public coastal access with private property rights. But there should be ...