Intellectual Property, 9th U.S. Circuit Court of Appeals
Identical marks, identical types of products: Not enough to presume confusion
By Sarah S. Brooks, Alicia Sharon
A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting c...
Labor/Employment, Covid Columns
Complying with AB 685’s obligations will be difficult for employers
By Colin Calvert
Assembly Bill 685 further expands the obligations of California employers to disclose information regarding COVID-19 exposure ...
Judges and Judiciary, Community News
Panel addresses elimination of bias on the California bench
By David Wolf
Last week, the Kern County Multicultural Bar Alliance held a panel addressing the important issue of the elimination of bias f...
Ethics/Professional Responsibility
Be careful with confidential information when posting online
By Shari L. Klevens, Alanna G. Clair
With many tasks moved online, attorneys will face increased risk if they do not remain vigilant when it comes to protecting cl...
Family, Alternative Dispute Resolution
Mediating custody disputes
By Franklin R. Garfield
How to provide the authoritative information and guidance that parties need to resolve a dispute
Law Practice, Ethics/Professional Responsibility, Data Privacy
Working remotely? Data breaches and attorney duties
By Cara Mae Acibo
The California State Bar’s Committee on Professional Responsibility and Conduct has issued a new formal opinion, 2020-203, tha...
Law Practice, Ethics/Professional Responsibility
State Bar offers ethical guidance on third-party litigation funding
By Ebony A. Koger, Jason E. Fellner
When a lawyer and law firm receive third-party funding, the well-known professional duties to a client can easily become blurr...
Corporate
California’s new diversity mandate for corporate boards
By Jennifer Rubin
After testing the waters with Senate Bill 826’s gender diversity mandate in 2018, California has now further committed public ...
U.S. Supreme Court, Criminal
Supreme Court should consider the ‘pattern of nonenforcement’ when it comes to medical cannabis
By Brett Schuman, Jennifer Briggs Fisher
Thirty-three states and the District of Columbia have recognized the importance of allowing access to medical cannabis. But ev...
Increasingly, our armed forces are imperiled by toxic hazards that have adverse effects on their health. Those who served in I...
Military Law, Criminal, Civil Rights
Military-style raids in civilian areas are simply not worth the risks
By William W. Bruzzo
In the wake of the tragic killing of Breonna Taylor by police in Louisville, Kentucky during service of a search warrant in a ...
Corporate
New shareholder proposal rules balance interests against cost
By Timothy R. Bowers, Cara L. Hupprich
On Sept. 23, the Securities and Exchange Commission adopted certain amendments to the procedural requirements and resubmission...
Probate, Labor/Employment, Covid Columns
SECURE Act and CARES Act impact retirement benefits for 2020 and beyond
By Patrick J. Haase, Stephanie S. Downer
This recently enacted federal legislation has dramatically changed estate planning for retirement benefits.
Technology, Law Practice
Legal judgment predictions are being boosted by artificial intelligence
By Lance Eliot
One burgeoning area of focus for legal scholars and LegalTech makers is legal judgment prediction. Efforts are underway to bol...
U.S. Supreme Court, Intellectual Property
In Google v Oracle, tech giants battle, but consumer rights are at stake
By Joseph Gratz, Samuel Zeitlin
A victory for Oracle would outlaw devices and software used by millions every day, raise the price of product refills and repl...
U.S. Supreme Court, Civil Litigation
Supreme Court to decide fate of TCPA autodialer rules
By Artin Betpera, Nikku Khalifian
If the court adopts a broad interpretation of an ATDS, businesses will surely face increased litigation with little to no wigg...
Intellectual Property
Trade secret protection gone rogue
By Anthony M. Fares, Randall E. Kay
The Walter White case study
Health Care & Hospital Law, Civil Litigation
The blame game: Opioid litigation in America
By Nina Marino
Whether you blame the pharmacies, the manufacturers or the doctors, people are the collateral damage.
Intellectual Property, Corporate
Protecting social media contacts as trade secrets
By Travis J. Anderson, Bobby Foster
Social media contact lists have become an increasingly important part of a business’s customer lists. This trend has only acce...
Labor/Employment, Intellectual Property, Covid Columns
Remote workforces increase pressure on keeping trade secrets protected
By Robert B. Milligan
With more workers accessing, disclosing, using and creating valuable company information from their homes, prudent company lea...
Intellectual Property, Civil Litigation
Contending contentions: trade secret contentions vs. patent contentions
By Esha Bandyopadhyay, Scott M. Flanz
Trade secret and patent litigation are tools to protect inventions. Many businesses have invested heavily in building patent p...
Data Privacy, Administrative/Regulatory
2020 brings another set of new California privacy laws
By Grant Davis-Denny
California’s privacy landscape has continued to evolve since 2018, and this year is turning out to be no exception.
Labor/Employment
Assembly Bill 685: What California employers need to know
By Wendy M. Lazerson, Galit A. Knotz
The bill codifies an employer’s reporting requirements in the event of COVID-19 infections at the workplace and clarifies Cal/...
Labor/Employment
Prop 22 strips workers of protections guaranteed by California law
By Erika J. Scott
This ballot measure is the latest phase in an epic battle between advocates for workers’ rights, who believe everyone deserve...
Consider the case of the recent find by a 33-year-old Arkansas man, who found a massive 9-carat diamond in a public state park...
Environmental & Energy
Governor Newsom issues order seeking to end new fracking permits
By Jeffrey Dintzer, Gregory S. Berlin
On Sept. 23, Gov. Gavin Newsom issued an executive order asking the California Legislature to end the issuance of new hydrauli...
Covid Columns, Civil Litigation
What lawyers and litigants need to know about Senate Bill 1146
By Angela S. Haskins, Elizabeth A. Evans
On Sept. 18, Gov. Gavin Newsom approved Senate Bill 1146, codifying current COVID-19 Emergency Rules of Court 11 and 12 as Cal...
Covid Columns, Constitutional Law
A viable challenge to California’s ban on religious services?
By Josh McDaniel
The COVID-19 pandemic has caused states to impose unprecedented restrictions on their citizens, leading to a perhaps equally u...
Labor/Employment
DOL guidance: arrow in Uber’s quiver or thorn in its side?
By Ronald L. Zambrano
New guidance from the U.S. Department of Labor might seem like an outright gift to Uber and Lyft.
Government, Criminal
Arguments to dismiss Flynn complaint are not persuasive
By John H. Minan
On Sept. 29, U.S. District Judge Emmet Sullivan held a hearing in United States v. Flynn. The hearing follows an 8-2 decision ...