Changing Prop 65 Requirements at Residential Rentals

The Litigation Law Blog

Landlords will soon face new Prop 65 warning requirements for rental properties.  Physical Prop 65 warning signs will no longer be required as a general rule once the new rules take effect on July 1, 2019.  Instead, warnings must be provided directly to the building’s tenants and occupants via one of three methods:  1) a letter addressed to each known adult occupant and delivered to the property; 2) an email sent to all known occupants;

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TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of Infringement Against MillerCoors is Likely.

by Josh H. Escovedo
The Litigation Law Blog

On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges that, in April 2017, when MillerCoors rebranded its line of sub-premium beers known as KEYSTONE, separating KEY and STONE onto separate lines, with an emphasis on STONE, it infringed Stone Brewing’s famous STONE trademark. The cans in question appear as follows:

And the branding on the boxes and in-store advertising material is similar in appearance.

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Three-Stripes and the Burden of Irreparable Injury

by James Kachmar
The IP Law Blog

adidas and Skechers are athletic shoe and apparel manufacturers who have a long history of litigation between them arising out of claims that Skechers has repeatedly infringed upon adidas’ trademarks. In Adidas America, Inc. v. Skechers USA, Inc. (decided May 10, 2018), the Ninth Circuit once again had to weigh in on Skechers’ alleged infringement of adidas’ trademarks.

adidas is well known for its “three-stripe” mark, which it has featured on its shoes and clothes for decades as part of its branding strategy and for which it owns a federal trademark.

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California’s “Red Flag” Laws Can Help Prevent Tragedies Like Stoneman Douglas

by Jessica R. Corpuz
The Litigation Law Blog

As we struggle to come to grips with the recent tragedy at Marjory Stoneman Douglas High School, many have bemoaned the lack of response by law enforcement prior to the attack. News outlets state that the shooter was reported to the FBI twice in the months prior to the attack, and that his mother, teachers, and fellow students had discussed or reported unnerving incidents in the months leading up to the shooting. The failures of law enforcement remain to be investigated,

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UPDATE: California Supreme Court Says Settling Individual Labor Code Claims Does Not Kill PAGA Claims

by Zack Thompson
The Labor & Employment Law Blog

Update as of March 12, 2020: The California Supreme Court reversed the court of appeal, meaning that settling individual claims no longer prevents an employee from having standing to bring a PAGA claim. Because the settlement agreement in Kim explicitly excluded PAGA claims, it remains unclear whether a plaintiff who settles an individual lawsuit would be precluded from later filing a PAGA making the same allegations. The Supreme Court refused to say whether the primary precedent on this point was correctly decided.

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Reverse Veil Piercing: A Judgment Against You Can Become a Judgment Against Your Company

by Lukas Clary
The Litigation Law Blog

It happens all the time.  A hard fought lawsuit results in a satisfying judgment.  Then it comes time to collect and it turns out the judgment is worth no more than the paper it’s written on.  For example, sometimes a party obtains a judgment against a company with little to no assets to satisfy the judgment.  And since, legally speaking, companies exist separate and apart from the individuals who run them, the individual owners are usually shielded from liability when the company ends up on the wrong end of a judgment.

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Taking his talents to the Southern District of New York: Are LeBron James’ tattoos subject to copyright?

by Jessica R. Corpuz
The Litigation Law Blog

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace.  This is even clearer among younger Americans, with nearly half of Millennials sporting ink.  Today a majority of Americans report that they would feel comfortable seeing a person with visible tattoos in a range of industries and professions.  Per the Harris Poll, “comfort ranges from highs of 86% for athletes,

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No Privilege Extended to Communications With PR Consultant, But Court Provides Roadmap to Possible Application

The Litigation Law Blog

It is not uncommon in this day of social media influence for an attorney to seek out the assistance of a public relations consultant to play a role in connection with a high profile lawsuit. Such media experts can help assess and mitigate risks, alleviate the public’s concern, manage public perception, and create leverage for settlement. The question is whether communications between a public relations consultant, an attorney, and a client are protected from disclosure.

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Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

The Litigation Law Blog

By Darrell White

Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

It happens all too often. You work tirelessly to promote your business by doing good work, delivering good products and services. Then you find an online posting with demonstrably false information about your business. The posting is anonymous, or even better, posted with a common name such as “John Smith.” If you are lucky enough to locate an e-mail address,

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THE SLOW DEMISE OF CALIFORNIA’S SHAM GUARANTY DEFENSE

The Litigation Law Blog

The California Court of Appeal decision in LSREF2 Clover Property 4, LLC v. Festival Retail Fund 1, LP (2016) 3 Cal.App.5th 1067, struck another blow to California’s “sham guaranty” defense – highlighting a recent string of decisions seeking to limit the defense. The sham guaranty defense has long provided guarantors of loans with a defense to lenders looking to obtain a deficiency judgment – often giving a guarantor at least a basis to defeat a lender’s attempt to obtain summary judgment and forcing the case to trial.

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