An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of Privilege And Protection Based Objections Timely Asserted In Discovery Responses
In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?” The answer,
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Ninth Circuit Inquiry on Non-Competes Could Have Huge Implications
The Ninth Circuit recently asked the California Supreme Court to provide it with guidance concerning certain types of non-compete provisions that could have huge ramifications for California’s business environment. In essence,
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California Dramatically Expands Consumer Privacy Rights For the Entire Country
California recently passed the California Consumer Privacy Act of 2018, described by Former Gov. Jerry Brown as a “historic step” for California consumers, “giving them control over their personal data.” He claimed that the law “forges a path forward to lead the nation once again on privacy and consumer protection issues.”
This is not just political puffery.
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Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You
Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by phone or in-person.) Litigants often find themselves tempted to use discovery as a bludgeon against their opponent,
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Best Practices To Ensure Compliance with Website Accessibility Guidelines: Is Your Company Protected?
Although private actions against companies for the failure to ensure access to their websites for individuals with disabilities have increased significantly in recent years, both Congress and the Department of Justice (DOJ) have yet to provide clear guidance as to what constitutes compliance under the Americans with Disabilities Act (ADA).
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No Privilege Extended to Communications With Public Relations Consultant
Social media has become part of our daily lives. Information is routinely disseminated in the public sphere via Facebook, Twitter, Instagram and other social media outlets. It is therefore no surprise that we often see high profile litigation play out in the media as much as it does in the courtroom.
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California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent Misrepresentation by a Former Employee Seeking Unpaid Wages
Can an employee sue the employer’s payroll service for failure to correctly process and report payroll? According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817,
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Changing Prop 65 Requirements at Residential Rentals
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,
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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.
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,
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Fresh Prince’s Alfonso Ribiero Denied Copyright Registration for the Carlton Dance
As we previously wrote on this blog, Alfonso Ribiero, better known as Carlton Banks from the Fresh Prince of Bel Air filed suit against multiple videogame publishers, including the publisher of NBA 2K and Fortnite for featuring avatars that perform his signature “Carlton Dance.” Ribiero’s case,
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Unprotectable Generic Trademarks + Top-Level Domains = Protectable Trademarks
Generic trademarks are those which, due to their popularity and/or common usage, have become synonymous with the products or services. Such trademarks include Kleenex, Band-Aid, Jeep, Aspirin, and Cellophane. Such marks,
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Amarillo Natives Hold San Diego Padres’ Double A Affiliate Team Name Hostage
The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres’ Double A affiliate. In the spirit of new beginnings, the organization recently held a public naming contest to determine its new mascot.
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IP Challenges Again Take the Stage at the U.S. Supreme Court
Intellectual property disputes will again take their place on stage at the U.S. Supreme Court this term when the court addresses at least two IP questions. 1. Can the government challenge patents under the America Invents Act (“AIA”)?
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Trademark Registration and the Presumption of Secondary Meaning
The U.S. Court of Appeals for the Federal Circuit was recently tasked with reviewing determinations made by the International Trade Commission (“ITC”) relating to trade infringement claims brought by Converse, Inc.
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Ordering Pizza is Not Patentable!
Some things are not patentable: laws of nature, natural phenomena, and abstract ideas. The Supreme Court has long held that inventions falling within these categories are not patentable; they are patent-ineligible subject matter.
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District Court Grants Motion For More Definitive Statement Because Patent Infringement Claim Involved Complicated Technology
In Lexington Luminance LLC v. Service Lighting and Electrical Supplies, Inc. d/b/a 1000bulbs.com, 3-18-cv-01074, the District Court for the Northern District of Texas denied defendant’s motion to dismiss for failure to state a claim,
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SCOTUS Will Decide What the Copyright Act Means by “Registered.”
Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression. However, in order to benefit from the Copyright Act, the owner must “register” his or her work with the United States Copyright Office.
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The Supreme Court: Cases to Watch and Missed Opportunities
In recent years, the U.S. Supreme Court has considered a number of intellectual property and related cases, but many issues remain unresolved. Therefore, it is important to look both at the cases currently before the U.S.
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Michael Jackson, Commercial Speech and Anti-SLAPP Motions
A California appellate court recently dealt a blow to fans of Michael Jackson who brought a class action alleging unfair competition and violations of the Consumers Legal Remedies Act (“CLRA”) in connection with the sale of an album titled simply “Michael” following the singer’s death.
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Court Finds Prior Finding of No Literal Infringement Bars Later Claim for Infringement Under the Doctrine of Equivalents
In Galderma Laboratories, LP et al v. Amneal Pharmaceuticals LLC et al, 1-16-cv-00207 (DED August 31, 2018, Order) (Stark, USDJ), Judge Stark of the District of Delaware recently found that a plaintiff was collaterally estopped from pursuing claims for patent infringement of two drug patents under a doctrine of equivalents theory based on a finding of no literal infringement in a prior case even though a doctrine of equivalents theory was not asserted in that case.
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Accused Patent Infringers – Don’t Wait to File an Inter Partes Review!
An inter partes review (IPR) is one of the ways a party can challenge a patent in the Patent and Trademark Office. This procedure was added by the America Invents Act,
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Procter & Gamble Seeks to Register Text Message Lingo Such as LOL and WTF
Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office, seeking to register WTF, LOL, FML, and NBD for use in conjunction with certain consumer goods.
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Patent Litigation Venues: Is a Computer Server Room Really a Place of Business?
The U.S. Supreme Court’s in TC Heartland v. Kraft Food, and subsequently the Court of Appeals for the Federal Circuit in In re Cray Inc., addressed where patent litigation can be filed under the patent venue statute,
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“Honey Badger Don’t Care”: The Rogers test and Trademark Infringement
Christopher Gordon is a comedian who created a viral video about the honey badger with the notable catch phrase, “Honey Badger Don’t Care,” among others. He later trademarked that phrase and sued greeting card companies for trademark infringement for using that phrase,
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Federal Circuit Limits Patent Infringement Damages
The Federal Circuit Court of Appeals has taken aim at sky-high patent infringement damages. In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., 2018 U.S. App. LEXIS 18177 (July 3, 2018),
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Federal Circuit Affirms Tribal Immunity Does Not Apply in Inter Partes Review Proceedings Before the USPTO
In Saint Regis Mohawk Tribe et al. v. Mylan Pharmaceuticals Inc. et al., the U.S. Court of Appeals for the Federal Circuit held that Native American tribal sovereign immunity does not apply in Inter Partes Review (“IPR”) proceedings at the Patent Trial and Appeal Board (“PTAB”) arm of the USPTO.
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Conor McGregor Returns to Combat in the Intellectual Property Arena
Conor McGregor doesn’t back down to anyone. He knocked out the once unbeatable Jose Aldo in 13 seconds. He was the first UFC fighter to simultaneously hold titles in two different weight divisions.
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Recovery of Lost Foreign Profits for Infringement of a U.S. Patent
While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are significant limits to the extraterritorial application of U.S.
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NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?
Back in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”).
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Ninth Circuit Rejects “General Possibility” of Infringement Theory
Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them.
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Ninth Circuit Denies Copyright Protection to Monkeys
Does anyone think that a monkey has standing to bring a copyright infringement lawsuit? In Naruto v. Slater, 888 F.3d 418 (9th Cir. 2018), the Ninth Circuit Court of Appeals said no,
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SAS Institute, Inc. v. Iancu Has Affected Cases in Federal Courts in Addition to Those at the PTAB
On April 24, 2018, the Supreme Court issued its ruling in SAS Institute, Inc. v. Iancu, which held that the Patent Trial and Appeal Board (“PTAB”) arm of the United States Patent and Trademark Office (“USPTO”) must issue a final written decision addressing each and every patent claim challenged in an Inter Partes Review (“IPR”) petition if review is granted.
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San Francisco’s New Rules for Enforcing its Paid Sick Leave Ordinance
On May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published 14 new rules for interpreting the San Francisco Paid Sick Leave Ordinance (“PSLO”). The PSLO was amended on January 1,
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The Process: Who Does it Really Belong to?
A few years ago, before the 76ers returned to playoff glory, the NBA’s Philadelphia 76ers’ ownership and front office began utilizing the phrase “Trust the Process” to represent their journey back to the top.
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Three-Stripes and the Burden of Irreparable Injury
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,
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New ITC Rules for Patent Infringement Cases: Adding Fuel to the Ultimate Rocket Docket
The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including investigating and adjudicating cases involving imported products that allegedly infringe intellectual property rights.
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USPTO Proposes Change in Claim Construction Standard for PTAB Proceedings Under the AIA
Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts and the International Trade Commission (“ITC”).
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California’s “Red Flag” Laws Can Help Prevent Tragedies Like Stoneman Douglas
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.
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Call it what you want. Just don’t call it copyright infringement.
A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger.
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Reverse Veil Piercing: A Judgment Against You Can Become a Judgment Against Your Company
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.
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Taking his talents to the Southern District of New York: Are LeBron James’ tattoos subject to copyright?
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.
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No Privilege Extended to Communications With PR Consultant, But Court Provides Roadmap to Possible Application
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.
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Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings
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,
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THE SLOW DEMISE OF CALIFORNIA’S SHAM GUARANTY DEFENSE
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.
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Attorney’s Fees as Damages for Breach of Contract? A Jury Must Decide
Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717,
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First District Court of Appeal strikes small, but meaningful, victory for businesses combatting online libel.
Just last week, California’s First District Court of Appeal handed a small, but meaningful, victory to businesses that resort to litigation to defend their reputations against anonymous, online attacks. In ZL Technologies,
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The First Amendment Protects the Trademark Registrability of THE SLANTS and THE WASHINGTON REDSKINS Irrespective of Political Correctness.
In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark,
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Personal Jurisdiction Update in Supreme Court’s Bristol-Myers Squibb Co. v. Superior Court
By Darrell P. White
Several weeks ago, the U.S. Supreme Court issued its opinion in Bristol-Myers Squibb Co. v. Superior Court of Cal., No. 16-466, 581 U.S. —, 2017 WL 2621322 (June 19,
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AN INADEQUATE PRIVILEGE LOG, OR EVEN THE FAILURE TO SERVE A PRIVILEGE LOG, WILL NOT RESULT IN THE WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE OR WORK PRODUCT PROTECTION TIMELY ASSERTED IN DISCOVERY RESPONSES
In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?” The answer,
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USING DEMONSTRATIVES TO EFFECTIVELY COMMUNICATE COMPLEX BUSINESS CASES TO A JURY
Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow summaries. It is certainly possible for jurors who own their own businesses or have accounting backgrounds to quickly synthesize financial information.
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Arbitration Agreements Cannot Foreclose a Party’s Right to Seek Public Injunctive Relief under California’s Consumer Protection Laws
The California Supreme Court has struck back in its ongoing battle with the United States Supreme Court as to the enforceability of arbitration agreements in consumer contracts. On April 7, 2017,
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Non-Compete Provisions and Forum Non Conveniens Considerations
Under California law, non-complete provisions are generally unenforceable. But what happens when the non-compete provision appears in an employment contract that is governed by another state’s law with a forum selection clause limiting any dispute to that particular state?
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California Supreme Court adds to line of cases narrowly applying the right to recover attorneys’ fees under Civil Code section 1717.
Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures. The American Rule is that each side pays its own attorney fees in litigation,
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Government Employees Can’t Hide Behind Their Private Email Accounts: California Supreme Court Expands Public Records Definition to Include Emails Sent on Private Email Accounts
The use of private email servers and communications devices by government officials was a major issue in the 2016 election, from the investigation of Hillary Clinton’s email practices to the hacking of a private email account Mike Pence used for official Indiana state business.
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Reassessing Contractual Jury Waivers Under Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
By Darrell P. White
Orange County is a hotbed for development and real estate. Lenders work hand-in-hand with real estate professional to make these deals happen. When using out-of-state financing, contractual jury waivers are commonplace.
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Protect Your Business: What You Need to Know About the New Defend Trade Secrets Act
Businesses at every level – from Fortune 500 companies to solo-inventor enterprises – rely on trade secret protections to safeguard their intellectual property trade secrets. American companies and innovators now have additional protections for their valuable intellectual property assets in the newly enacted federal Defend Trade Secrets Act (DTSA).
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IF YOU SUE FACEBOOK, WHAT’S THE LIKELIHOOD YOU’LL BE ALLOWED TO DEPOSE MARK ZUCKERBERG?
Companies are no strangers to litigation. In California, it is a cost of doing business. Unfortunately, it is not uncommon for litigants to try to gain leverage in a dispute with a corporate party by attempting to depose its high-level executives to harass and embarrass them,
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Unauthorized Downloading and Copyright Infringement
Liability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization. The Ninth Circuit was recently tasked with exploring the scope and reach of copyright protection in such cases in Design Data Corp.
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Holiday Horror Series: Part 3 – Holiday Parties: An HR Nightmare!
By Melissa M. Whitehead
It’s that magical time of year! Time for hot cocoa, warm fires, glad tidings – and office holiday parties! Office holiday parties are a time for co-workers to relax and for employers to show appreciation to employees,
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EEOC Issues Guidance on National Origin Discrimination
Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week.
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En Banc Federal Circuit Rules A Product Must be the Subject of a Commercial Sale or Offer for Sale to Trigger On-Sale Bar
On July 11, 2016, the U.S. Court of Appeals for the Federal Circuit ruled in a unanimous en banc decision in The Medicines Co. v. Hospira Inc., Federal Circuit case number 2014-1469,
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OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016
In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).
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Seventh Circuit Finds Class Action Waivers Unlawful
On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit in Lewis v. Epic Systems Corporation, held that when an employer conditions continued employment upon the signing of a class or collective action waiver in an arbitration agreement,
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The Supreme Court Rules the PTAB and District Courts Can Continue to Apply Different Standards for Interpreting Patent Claims
Patent litigators and prosecutors have been waiting to hear whether the U.S. Supreme Court would require the United States Patent and Trademark Office (“USPTO”) to apply the same claim construction standard as the district courts.
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The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”
The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v.
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California’s New Equal Pay Laws Promise to Bring More Litigation
Equal pay claims just got a lot tougher to defend in California. Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women.
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Brown Resurrects Civility in Litigation
By Shauna Correia
Gov. Jerry Brown has resurrected an expired law, Cal. Code of Civil Procedure section 128.5. This is a positive development for ethical lawyers and their clients, who find themselves dealing with bad-faith litigation tactics coming from another other party or attorney,
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“Buckyballs” and The Perils of Challenging Federal Powers Of Advertising Regulation
By: David Gabor
As someone who has litigated extensively against federal regulators on advertising issues, I have first-hand knowledge of how difficult it is to prevail in a case brought by the feds.
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Marriage Equality Returns to California
The United States Supreme Court issued its opinion in Hollingsworth v. Perry, 570 U.S. ___ (2013), this morning, regarding the validity of Proposition 8. The outcome is that same-sex marriage is once again legal in California.
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Lawyer Lore: The Ever Moving Bunmi Awoniyi
Download: The Ever Moving Bunmi.Final.pdf
Brendan Begley interviews attorney Bunmi Awoniyi in Sacramento Lawyer.
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Lawyer Lore: Criminal Defense Attorney William “Bill” Portanova
Download: Bill Portanova.pdf
Attorney Brendan Begley interviews Criminal Defense Attorney Bill Portanova in Sacramento Lawyer.
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Lawyer Lore: The Indomitable Judge Raul Ramirez
Download: The Indomitable Judge Ramirez.pdf
Attorney Brendan Begley interviews Judge Raul Ramirez in Sacramento Lawyer.
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Appellate Law Section’s 2012 CA Supreme Court Year-in-Review
Download: Appellate Law Sections 2012 SC Review.Final.pdf
Brendan Begley writes on the Appellate Law Section’s 2012 California Supreme Court Year-in-Review in Sacramento Lawyer.
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More Guidance On Pre-Discovery Trade Secret Disclosures
A central issue in all trade secret litigation is the adequacy of plaintiff’s pre-discovery disclosure of the alleged trade secrets. The Fourth District Court of Appeal has contributed to the growing body of case law interpreting the adequacy of the initial trade secret disclosure required by California Code of Civil Procedure section 2019.210.
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The First Circuit Takes a Novel View of the Attorney Work Product Privilege
Is the work product of an attorney always protected? No, according to the First Circuit in a decision which may draw the attention of the U. S. Supreme Court. The First Circuit,
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LAW ALERT: Updating California’s Discovery Rules with the Electronic Discovery Act
State rules concerning electronic discovery just got clearer. On June 29, 2009, Governor Schwarzenegger signed the Electronic Discovery Act (the “Act”), which became effective immediately. Just last year, the Governor vetoed an almost identical version of the Act in order to focus more attention on the budget crisis.
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Expert Discovery In Federal Court: Proposed Rule Changes
Expert discovery in federal court may change dramatically if proposed amendments are adopted. The Civil Rules Advisory Committee of the Judicial Conference of the United States (the “Committee”) has issued proposed amendments to Rule 26,
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We’re the Government, and We’re Here to Copy – Blueport Co. v. United States
By: Intellectual Property
The United States Government, which created the courts and a legal system to provide an avenue to seek redress for injury, is immune from suit in that system unless the Government agrees to be sued by waiving its immunity.
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Third Party Trade Secret Misappropriation and the Statute of Limitations
Third Party Trade Secret Misappropriation and the Statute of Limitations
By James Kachmar
A California appellate court was recently faced with the issue of when the statute of limitations runs on a claim for trade secret misappropriation against a third party when the plaintiff’s trade secrets are stolen and sold to that third party.
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What is a Patentable Business Method? Federal Circuit to Decide
What is a Patentable Business Method? Federal Circuit to Decide
By Audrey A. Millemann
On May 8, 2008, the Federal Circuit Court of Appeals heard oral argument in a case that may significantly change the patent landscape.
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Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?
Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?
By: Dale C. Campbell and Serena Crouch, Third Year Law Student at McGeorge School of Law
Internet users and privacy advocates across the nation fear they are losing the continuing battle to protect internet privacy rights.
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Internet Search Adwords: Are Your Trademarks Protected?
Internet Search Adwords: Are Your Trademarks Protected?
By Dale C. Campbell
Search engine websites sell keywords as a component of their advertising programs. By purchasing an advertising keyword, a business’s advertisement will appear next to the search results whenever a person enters the advertising keyword as a search term.
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Lack of Enablement – A Stronger Tool for Invalidity
By: Audrey Millemann
One of the requirements of a valid patent is enablement. As set forth in 35 U.S.C. section 112, paragraph 1, a patent’s specification must contain “a written description of the invention,
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Intentional Interference Claims and Preemption by the California Uniform Trade Secrets Act
By: James Kachmar
On March 5, 2008, the United States District Court for the Northern District of California (“District Court”) in First Advantage Background Services Corp. v. PrivateEyes, Inc., (“First Advantage”) found,
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The Ninth Circuit Just Doesn’t Like Karaoke
By Intellectual Property
The Ninth Circuit just doesn’t like karaoke. At least, that’s what plaintiffs, manufacturers of karaoke machines, in two recent opinions involving copyright law would likely say. In both decisions,
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Federal Circuit Applies Supreme Court’s New Test for Declaratory Judgment Jurisdiction
Federal Circuit Applies Supreme Court’s New Test for Declaratory Judgment Jurisdiction
By Audrey A. Millemann
The Federal Circuit Court of Appeals recently reversed a district court’s dismissal of a declaratory judgment action,
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E-Discovery Ethical Rules Remain Unchanged
E-Discovery Ethical Rules Remain Unchanged
By Dale C. Campbell
Lawyers can’t turn around without being bombarded with CLE brochures announcing yet another e-discovery workshop. Electronic discovery is a new medium for storing information,
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Trademark Infringement and the Importance of Establishing Likelihood of Confusion
Trademark Infringement and the Importance of Establishing Likelihood of Confusion
By James Kachmar
On December 28, 2007, the Ninth Circuit issued its opinion in the case titled Applied Information Sciences Corp.
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The Federal Circuit Finds Mental Process Unpatentable
The Federal Circuit Finds Mental Process Unpatentable
By Audrey Millemann
Patentable subject matter (i.e. what kinds of things can be patented) includes processes, machines, articles of manufacture, and compositions of matter.
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Can A Company Go Too Far In Preventing Its Employees From Being Hired Away By Its Customers?
Can A Company Go Too Far In Preventing Its Employees From Being Hired Away By Its Customers?
By Dale C. Campbell
Can a company go too far in preventing its employees from being hired away by its customers?
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Is There Really Only Room For One “Bay” On The Internet?
Is There Really Only Room For One “Bay” On The Internet?
By: Intellectual Property
Has eBay become so powerful that it can successfully claim to be the only “Bay” on the Internet?
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Contractual Arbitration: Is It Binding On Victims Of Elder Abuse?
California Trusts and Estates Quarterly
Volume 13, Issue 3
Fall, 2007By Edward J. Corey, Jr.* and Kelly E. Sutter*
I. INTRODUCTION
These days, it is virtually impossible to open a bank or brokerage account,
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Blind Internet Users Victorious in Discrimination Action Against Website
Blind Internet Users Victorious in Discrimination Action Against Website
By Jeffrey Pietsch
Earlier this month, a California district court certified a class on behalf of blind internet users against Target.com under the American Disabilities Act and California law.
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Experts and Summary Judgment
Experts and Summary Judgment
By Dale C. Campbell
Intellectual property litigation relies heavily upon the use of expert testimony. The Ninth Circuit Court of Appeals recently analyzed the intersection of Federal Rules of Evidence,
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California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet
California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet
By Dale Campbell
When can you knowingly republish defamatory statements without risk of liability? When you do so on the Internet.
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Employers: You May Be Eligible for Immunity Under the Communications Decency Act
Employers: You May Be Eligible for Immunity Under the Communications Decency Act
By James Kachmar
A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees.
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Your Cell Phone Is A Homing Beacon
Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?
By: Intellectual Property
Here’s the next step Big Brother is taking toward an Orwellian 1984: Your cellular telephone can pinpoint your location any time it’s turned on.
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The Attorney General’s Google Search Comes Up Empty – So Far…Is Your Online Privacy At Stake?
The Attorney General’s Google Search Comes Up Empty – So Far…Is Your Online Privacy At Stake?
By: Intellectual Property
It was just a simple discovery tool, used by the Department of Justice in defense of a lawsuit brought by the American Civil Liberties Union.
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