Labor/Employment, Administrative/Regulatory
Beware the hidden costs of OSHA citations
By Jonathan S. Vick
The amount of the penalties has increased substantially over the past few years. Additionally, employers can be subjected to p...
Entertainment & Sports, Antitrust & Trade Reg.
Steven Spielberg’s proposed Oscars Netflix ban could violate antitrust laws
By Aaron Gott
The famed director recently proposed that the Academy of Motion Picture Arts and Sciences change its eligibility rules to keep...
Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
9th Circuit raises bar for Article III Standing
By Jennifer A. Jackson, Matthew M. Petersen
The court has become a battleground between plaintiffs and defendants on the issue of Article III standing in the wake of Spokeo.
Government, Constitutional Law
DOJ isn’t the authority on whether a president can be indicted
By Erwin Chemerinsky
Amidst the furor over the Mueller report, not enough attention has been paid to a crucial premise for many of its conclusions:...
Entertainment & Sports
Trouble in tinsel town
By Neville L. Johnson, Douglas L. Johnson
Hollywood talent agents and writers are at war with each other in what augurs to be the most important litigation in the enter...
U.S. Supreme Court, Securities, 9th U.S. Circuit Court of Appeals
A private right to sue over tender offers
By Matthew W. Close, Brittany A. Rogers
A new issue quickly spilled onto center stage in a securities case currently before the U.S. Supreme Court: whether investors ...
Administrative/Regulatory
Is FTC’s bark worse than its bite when it comes to influencers?
By Melissa K. Dagodag
Despite the fact that the FTC may demand consumer redress or relief, this has not transpired in any cases against influencers.
Tax, Real Estate/Development, Government
Treasury releases long-awaited QOZ regulations
By Andrew L. Gradman, Neda R. Barkhordar
There are still legitimate reasons to sit on the sidelines. But confusion over the rules is no longer one of them.
Imagine being a teenage girl and locked up in a juvenile detention facility. Now imagine being sexually assaulted up to 10 tim...
Law Practice, Ethics/Professional Responsibility
Unconscionable: despicable, or inconceivable?
By Louie H. Castoria
We need to draw a bold line between acceptable and unacceptable behavior in the law. Take fees, for example. No, not my fees, ...
Law Practice
Beware the deluge of AV operators replacing CSRs in depositions
By Early Langley
Claiming a shortage of certified shorthand reporters, big box court reporting firms are sending audio/visual operators to depo...
Real Estate/Development, Law Practice
Advice to your broker clients to protect themselves from liability for cyber fraud
By Joshua J. Borger
There is likely no more enticing place for a thief to commit cybertheft than in California due to our real estate prices. And,...
Administrative/Regulatory
Why are cities trying to shut down cannabis delivery services?
By Allison B. Margolin, James Raza Lawrence
State law permits local jurisdictions to ban commercial cannabis storefront and non-retail operations within their borders, bu...
Alternative Dispute Resolution
Notre Dame and the destructive and creative forces in mediation
By Rande S. Sotomayor
Mediators persist in efforts to rebuild and renew. The destroyers and innovative creators of the last 856 years in the evolvin...
Letters, State Bar & Bar Associations
California attorneys with military spouses: already applying to practice law in California
By Donna Hershkowitz
Last fall, the State Bar’s Board of Trustees circulated for public comment rule changes for special admissions of attorneys li...
Civil Litigation, Intellectual Property
Decision may chart new course for patent eligibility
By Daniel N. Yannuzzi, C. Dylan Turner
The Federal Circuit has again weighed in on patent subject-matter eligibility of natural phenomena, finding certain amino-acid...
U.S. Supreme Court, Constitutional Law, California Supreme Court
Missed opportunity to align state and federal takings law
By Michael M. Berger
It is truly a shame to see the California Supreme Court walk right up to the edge of aligning state and federal constitutional...
U.S. Supreme Court, Civil Litigation, Government
Government contractors soon may be able to access competitors’ confidential information
By Rebecca J. Edelson, Adam Bartolanzo
The U.S. Supreme Court is considering the scope of the trade secrets exemption under the Freedom of Information Act, which aff...
Civil Litigation, Corporate
Data breach responses: both mesmerizing and surreal
By Anita Taff-Rice
The aftermath of a massive natural disaster is at the same time mesmerizing and surreal. So too is the unfolding saga of two o...
Civil Litigation, California Supreme Court
Courts are slow to address negligent STD transmission
By Thomas E. Wall
The law changes, but not at the speed many of us wish. This observation can be seen in the approach the California courts have...
Civil Litigation, Intellectual Property, Entertainment & Sports
The MMA’s impact on pre-1972 works
By Krysta K. Pachman
[TOP IP] Just last year, Congress passed the Music Modernization Act, a comprehensive bill that overhauled the copyright licen...
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
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...
U.S. Supreme Court, Civil Litigation, Intellectual Property
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...
Civil Litigation, Intellectual Property
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...
Civil Litigation, Intellectual Property
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...
Civil Litigation, Intellectual Property
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 ...
Civil Litigation, Intellectual Property
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...
Civil Litigation, Intellectual Property
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 ...
Civil Litigation, Intellectual Property
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. ...
Intellectual Property, Corporate
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...