9th U.S. Circuit Court of Appeals, Intellectual Property, Civil Litigation
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...
Intellectual Property, Civil Litigation, U.S. Supreme Court
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...
Intellectual Property, Civil Litigation
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...
Intellectual Property, Civil Litigation
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...
Intellectual Property, Civil Litigation
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 ...
Intellectual Property, Civil Litigation
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...
Intellectual Property, Civil Litigation
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 ...
Intellectual Property, Civil Litigation
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. ...
Corporate, Intellectual Property
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...
Corporate, Intellectual Property
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...
Intellectual Property, Civil Litigation
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...
Constitutional Law, U.S. Supreme Court
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...
Administrative/Regulatory, Government, Civil Litigation
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...
Ethics/Professional Responsibility, Law Practice
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 Office Management, Law Practice
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.
Government, Labor/Employment
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.
Securities, U.S. Supreme Court
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...
Constitutional Law, Government
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...
Entertainment & Sports, Labor/Employment
WGA’s nuclear option and the Talent Agencies Act
By Rick Siegel
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
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
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
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 ...