Litigation

From Weintraub’s inception and through its growth, litigation has been a foundational strength of the Firm and an important part of how we help our clients. Litigation is the Firm’s largest group with more than 40 attorneys practicing across our five offices, which allows us to provide both local knowledge and statewide resources. The Weintraub Litigation team is made up of tested and successful trial lawyers who vigorously defend their clients in local, state, and federal proceedings.

Our attorneys handle complex litigation for companies, privately-held and family businesses, and individuals across California and nationwide. Complex business litigation can involve highly specialized areas of dispute, and our litigators include attorneys experienced in employment, corporate, intellectual property, real estate, construction, public bid disputes, breach of contract, fraud, interference with contracts, anti-trust and unfair completion, false advertising, and trade secret litigation, among others.

The Weintraub Litigation practice group includes attorneys with decades of trial experience representing clients doing business in a wide range of industries. Our representation extends beyond trial to all aspects of civil writs and appeals in both state and federal court.  Our attorneys, including an Appellate Law Specialist certified by the California Board of Legal Specializations, have experience in writs, post-trial motions, interlocutory, and direct appeals.

We work with our clients to craft a legal strategy for the best possible outcome, and at times that strategy may be to pursue an alternative dispute resolution (ADR) mechanism.  We represent clients in arbitrations and mediations as well as judicial review.

Our goal is to determine how each particular matter fits into our clients’ overall business plans. Our services are tailored to be efficient, practical, and creative. The ultimate objective is to reach an early resolution of the matter with the most cost-effective result.

 
 
Webinar: 15th Annual Superior Court Boot Camp — Program II: The Nuts and Bolts of Your Trial

Weintraub Senior Attorney Jessica Corpuz will be presenting on October 20th for the 15th Annual Superior Court Boot Camp — Program II: The Nuts and Bolts of Your Trial. Summary: This two-part,

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SCBA Probate & Estate Planning Section Boot Camp

  Weintraub attorneys Carlena Tapella, Kelly Dankbar, and Leslie Kolafa will be speaking on the topic of “Recovery of Attorneys’ Fees” at the 2019 Probate Litigation Boot Camp sponsored by the Sacramento County Bar Association.

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Advanced Business Contracts: Secrets Only the Top Attorneys Know

  On Friday, August 23, Weintraub attorneys Josh Escovedo and Justin Borrowdale will speak at a National Business Institute (NBI) seminar titled Identify Concealed Risk and Strategically Negotiate Liability. NBI Program Description Go beyond the “nuts and bolts”

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Independent Contractor, Joint Employment Misclassification Litigation San Francisco

Weintraub Shareholder and chair of Labor and Employment Group,  Lizbeth (Beth) V. West, will be speaking at an upcoming Bridgeport Continuing Education event.       Summary of Program California Employers and Litigators have wrestled for years over how to classify independent contractors and employees and which employees are exempt.

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Brendan Begley Presents at Employment Litigation 2019

  Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.

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Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2021 “Best Law Firms”

SACRAMENTO, CA – Weintraub Tobin, a leading California full-service law firm, has been recognized with numerous rankings in the 2021 edition of U.S. News – Best Lawyers® “Best Law Firms.” The tiered rankings are assigned to law firm practice groups by metropolitan area.

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Josh Escovedo in Law360: Ex-Hemp Co. CEO Accused of Selling Secret Strain for $3.8M

Law360’s recent article Ex-Hemp Co. CEO Accused Of Selling Secret Strain For $3.8M  details legal action by Josh H. Escovedo on behalf of Weintraub client Big Wuf Enterprises LLC.  Big Wuf,

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Louis Gonzalez, Jr. Named Best Lawyers© 2021 ‘Lawyer of the Year’ for Litigation-Real Estate in Sacramento

Sacramento, CA – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Louis Gonzalez, Jr. was named Best Lawyers® 2021 Litigation- Real Estate “Lawyer of the Year”

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WT Clients: Josh Escovedo And Darrin Menezes Resolve 6-Figure Dispute Between Multi-National Companies

Weintraub Attorneys Josh Escovedo and Darrin Menezes recently represented a multi-national Israeli corporation against a San Francisco-based subsidiary of a multi-national Czech conglomerate and obtained a substantial six-figure settlement immediately after filing the complaint despite the existence of a limitation of liability provision.

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Sherry S. Bragg Named Attorney of the Year by the Veteran’s Legal Institute

NEWPORT BEACH, CA (March 5, 2020) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Sherry S. Bragg has been named “Attorney of the Year” by the Veterans Legal Institute (VLI).

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David A. Diepenbrock Joins Weintraub

Weintraub is pleased to announce that David A. Diepenbrock has joined the Firm as a Shareholder in the Firm’s Litigation and Real Estate groups. He will be based in the Firm’s Sacramento office.

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Josh Escovedo Respresenting Friends With Benedicts in Ongoing Dispute

Josh Escovedo is quoted in the following article about the ongoing dispute between two popular Sacramento area breakfast restaurants. You can read the article here.

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Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2020 “Best Law Firms”

SACRAMENTO, CA (November 1, 2019) – Weintraub Tobin, a leading California full-service law firm, was honored to be recognized with eight first-tier rankings in the 2020 edition of U.S. News – Best Lawyers® “Best Law Firms.” The complete list of rankings is published on the U.S.

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Lukas Clary Named 40 Under 40 by Sacramento Business Journal

  SACRAMENTO, CA (October 8, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Lukas Clary has been named a 2019 40 Under 40 honoree by the Sacramento Business Journal. 

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Cameron M. Peyton Joins Weintraub

  Weintraub is pleased to welcome Cameron Peyton to our Litigation group. Cameron has significant business litigation experience in a diverse array of industries and has assisted his clients in a wide range of business disputes,

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14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

  SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

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19 Weintraub Tobin Attorneys Named to The Best Lawyers in America© 2020

  SACRAMENTO, CA (August 15, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 19 of our attorneys have been recognized on the 2020 The Best Lawyers in America list.

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Ryan Abernethy in Super Lawyers Magazine: Prior Practice

Ryan Abernethy is featured in the 2019 issue of Northern California Super Lawyers Magazine. In a section called “Prior Practice” Ryan discusses his early career in animation and how he uses his creativity in his practice of law.

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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Jessica R. Corpuz Selected for Inclusion in 2019 Southern California Super Lawyers® Rising Star List

Weintraub is pleased to announce that Jessica Rankin Corpuz has been recognized as a 2019 Southern California Rising Star.  To be eligible for inclusion in this list, candidates must be 40 or younger or have been in practice for less than 10 years. 

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Pro Bono: Sherry Bragg works with Veterans Legal Institute to Help Navy Veteran

When an enormous tree crushed the home of 79-year-old Navy veteran Steven Grossack and his wife Lela, their homeowner’s association denied them assistance.  That’s when the Veterans Legal Institute (VLI) stepped in. 

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

  Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine.  The full list of 2019 Top Lawyers will be featured in the August,

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Josh Escovedo Recognized as a Top Trademarks Author in JD Supra 2019 Readers’ Choice Awards

  Weintraub is pleased to announce that Josh H. Escovedo has been named a Top Author, for the topic of trademarks, in the JD Supra 2019 Reader’s Choice Awards. Josh Escovedo practices in Weintraub’s Litigation and Intellectual Property sections.  

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Three Weintraub Tobin Attorneys selected for inclusion in Southern California’s Super Lawyers® 2019 List

Weintraub is pleased to announce that Sherry S. Bragg, Andrew M. Gilford and Gary Waldron have been recognized as 2019 Southern California Super Lawyers. Sherry Bragg is a shareholder in the firm’s Litigation Group. 

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Weintraub Represents Sacramento Restaurateur in Dispute with National Restaurant Chain

Weintraub litigators were in the news this week as their client, local restaurant owner Jared Katzenbarger, filed suit against Dickey’s Barbecue Restaurants, Inc. The lawsuit is in response to Dickey’s demand that Mr.

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Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2019 “Best Law Firms”

  Sacramento, CA, United States, November 1, 2018 — U.S. News & World Report and Best Lawyers, for the ninth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2019 U.S.

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America ©2019

SACRAMENTO, California – August 15, 2018 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2019 list. David Adams, Sacramento, Corporate Governance Law,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

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Weintraub Tobin Shareholder Lukas Clary to speak at California Restaurant Association’s Sacramento Chapter June Educational Seminar

Webinar ” Let’s Talk About Wage & Pay in the Restaurant Industry”. Topics include: Wage & Pay Dependency, Tip Pooling, Service Charges, Surcharge and Minimum Wage Tuesday, June 26th – Sacramento Wednesday,

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Weintraub Tobin Shareholder Shauna Correia to speak at California Restaurant Association Legal Center Roadshow

Topics include: Tip Pooling, Service Charge, Surcharge, Sick Leave, Meal + Rest Best Practices, New Regulations for Applicants & More Tuesday, June 12th – Oakland Tuesday, June 12th – San Jose Tuesday,

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Four Weintraub Tobin Attorneys selected for inclusion in Southern California’s Super Lawyers® 2018 list

LOS ANGELES, CA (January 30, 2018) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Sherry Bragg, David R. Gabor, Andrew Gilford and Gary Waldron have been named to the 2018 Southern California “SuperLawyers” list.

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Weintraub would like to welcome Zack Thompson as an associate to the firm

Zack is an associate in the firm’s litigation practice group. He has litigated on behalf of a broad spectrum of clients, from individuals in business or property disputes to agricultural businesses,

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Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2018 “Best Law Firms”

  Sacramento, CA, United States, November 1, 2017 — U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2018 U.S.

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America© 2018

SACRAMENTO, California – August 16, 2017 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2018 list. David Adams, Sacramento, Corporate Governance Law,

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21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

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Four Weintraub Tobin Attorneys Recognized as “Rising Stars” in Southern California

Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Eric Caligiuri, Jacob Gonzales, Jessica Marlow, and Darrell White  have been named to the 2017 Southern California “Rising Stars” list.

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OC Jury Awards $20.3M in Settlement Breach Trial

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Weintraub Tobin Secures $20.4 Million Jury Verdict in Orange County Superior Court

Newport Beach, CA–Late last week, Weintraub Tobin Chediak Coleman Grodin shareholders Gary A. Waldron and Sherry S. Bragg, obtained a $20.4 million dollar jury verdict in favor of client Todd Kurtin.

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Weintraub Appellate Specialist, Brendan Begley, Quoted in Article Regarding Sexually Hostile Work Environment

Weintraub Tobin’s own Brendan Begley was recently quoted in a news article about an appellate court’s ruling that hugs and kisses in the workplace may create a sexually hostile environment. The article,

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Madoff Ponzi Scheme Case receives $20M approval from California Judge

Shareholder Marvin Gelfand is proud to announce that a California judge gave approval to a $20M settlement related to Bernie Madoff’s Ponzi Scheme. The motion was approved after 8 years of legal action dating back to 2009. 

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Weintraub Tobin Supplements Commercial Litigation Ranks in Los Angeles – Andrew Gilford and Jessica Corpuz Join Thriving California Law Firm

FOR IMMEDIATE RELEASE Contact: Michael A. Kvarme Managing Shareholders Weintraub Tobin 916.558.6081 [email protected] LOS ANGELES (February 2, 2017) – Weintraub Tobin, one of California’s leading full-service law firms, adds long-time litigator Andrew Gilford as a shareholder and Jessica Corpuz as an associate in its Los Angeles office.

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Are California Non-Profits Property Tax Exempt?

The Internal Revenue Service declared that January 23rd is the official start date of the 2017 Tax Season. Taxes can get messy for individuals and organizations, including non-profits. In 2016, Shareholder David Gabor prevailed in a bench trial and on appeal in an action representing our client,

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Four Weintraub Tobin Attorneys Recognized as “SuperLawyers” in Southern California

LOS ANGELES, CA (January 20, 2017) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Eric Caligiuri, Jo Dale Carothers, David R. Gabor, and Gary Waldron have been named to the 2017 Southern California “SuperLawyers” list.

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Weintraub Tobin & Milberg LLP announce a proposed settlement.

Weintraub Tobin Chediak Coleman Grodin Law Corporation, Inc. and Milberg LLP have announced a proposed settlement with the Stanley Chais Defendants and the Chais Related Defendants. For more information about the class action,

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Congratulations To OCHBA President-Elect, Darrell P. White

Weintraub Tobin would like to congratulate Darrell P. White on being the 2017 President-Elect of the Orange County Hispanic Bar Association. Darrell is an attorney with Weintraub Tobin, formerly known as Waldron Bragg in Orange County.

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Weintraub Tobin Ranked in 2017 ‘Best Law Firms’

  Sacramento, California – November 2, 2016 – U.S. News & World Report and Best Lawyers, for the seventh consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2017 U.S.

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Nine Weintraub Tobin Attorneys Named to Best Lawyers In America© 2017

SACRAMENTO, California – August 15, 2016 – Weintraub Tobin congratulates its nine partners who have been included in The Best Lawyers of America© 2017 list. David Adams, Sacramento, Corporate Governance Law &

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18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

  SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate, 

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Darrell White Appointed American Bar Association, Litigation Section Liaison to the Commission on Hispanic Legal Rights and Responsibilities

Weintraub congratulates Darrell White in our Newport Beach office on his appointment to serve as the American Bar Association, Litigation Section Liaison to the Commission on Hispanic Legal Rights and Responsibilities.

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Weintraub Tobin Elevates Two to Shareholder

SACRAMENTO (July 6, 2016) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Shauna N. Correia and Gary D. Rothstein have been promoted to shareholder.

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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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Darrell White Selected to Act as Moderator at the 2016 Social Justice Symposium

Weintraub Tobin congratulates Associate, Darrell P. White, for being selected as a Moderator at the 2016 Social Justice Symposium taking place at Chapman University. Click here for more information about the event.

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Weintraub Tobin Named to Best Law Firms 2016 and Nine Weintraub Tobin Attorneys Named to Best Lawyers In America

  SACRAMENTO, California – August 18, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its nine attorneys who have been included in The Best Lawyers of America© 2016. David C.

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20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

  SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s  Top Lawyer List 2015. David C.

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Weintraub Tobin Attorneys Recognized as “Rising Stars” in Southern California

LOS ANGELES, CA (June 15, 2015) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Jacob C. Gonzales, Jessica Marlow, and Julie R. Woods have been named to the 2015 Southern California “Rising Stars” list.

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Weintraub Tobin Promotes Three to Shareholder

New shareholders Mary K. deLeo in Sacramento, Jeffrey B. Pietsch in San Francisco, and Jessica M. Marlow in Beverly Hills, were recognized by The Daily Journal for their recent promotions to shareholder.

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On the Move

By: Jason Doiy, The Recorder Intellectual property lawyer Eric Caliguiri joined Weintraub Tobin as of counsel in San Diego. Caligiuri departed Covington & Burling, following shareholder Jo Dale Carothers. Read entire article here.

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Local Attorney Named Fellow of Litigation Counsel of America

By Bea Karnes (Patch Staff) A Sacramento attorney has been chosen for membership in an exclusive trial lawyer honorary society limited to 4,000 Fellows, representing less than one-half of one percent of American lawyers.

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Dale Campbell quoted in Sacramento Business Journal

Shareholder Dale Campbell was quoted in the Sacramento Business Journal. When asked what the biggest challenge facing litigators is, he stated, “Implementing an effective pretrial strategy to achieve the client’s goals rather than becoming embroiled in peripheral fights that do not advance the merits of the case.

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Weintraub Tobin Changes Management Structure to Handle Growth

By Kathy Robertson, Sacramento Business Journal Growing at a steady clip — now with five offices statewide — Sacramento law firm Weintraub Tobin launched a new management structure this week. In recognition that the job of managing partner is now too big for one person who still wants to practice law,

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Lizbeth West Named Fellow of Litigation Counsel of America

SACRAMENTO (March 4, 2015) – Weintraub Tobin is pleased to announce that Shareholder Lizbeth (“Beth”) West has been selected as a Fellow of the Litigation Counsel of America (LCA). The LCA is an exclusive trial lawyer honorary society limited to 4,000 Fellows,

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Weintraub Tobin Welcomes Leading California IP Attorney with Broad Range of Technological and Litigation Expertise

  Jo Dale Carothers Joins as Shareholder, Strengthening Firm’s IP Capabilities and Extending Reach into San Diego SAN DIEGO (January 14, 2015) – Weintraub Tobin, one of California’s leading full service law firms,

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Eight Weintraub Tobin Attorneys Named to Best Lawyers In America© 2015

SACRAMENTO, California – August 25, 2014 – Today, Weintraub Tobin Chediak Coleman Grodin Law Corporation (Weintraub Tobin) congratulates its eight partners who have been included in The Best Lawyers of America© 2015.

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Weintraub Tobin and Waldron & Bragg Merge

Download: WTWB Merger Press Release FINAL.pdf Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms.

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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Eight Shareholders Named 2014 Best Lawyers in America®

Weintraub Tobin Chediak Coleman Grodin, a business law and litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2014 edition of Best Lawyers in America®.

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Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers

Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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Weintraub Tobin Attorneys Bike 100 Miles for a Cause

TNT Team.for web Four Weintraub Tobin partners, Chris Chediak, Dale Campbell, Kay Brooks and Louis Gonzalez have raised over $16,800 to help the fight against Leukemia, Lymphoma and other blood cancers.

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West Lakeside LLC Vindicated in Natomas Unified School District Lawsuit

This press release is issued by Louis Gonzalez of Weintraub Tobin, on behalf of West Lakeside LLC. Sacramento, Calif.- West Lakeside, LLC and its manager, AKT Investments, Inc., are pleased to announce that the litigation brought against them by the Natomas Unified School District has been resolved by the District’s payment of $550,000.00 to West Lakeside,

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Joe Genshlea Featured in the Sacramento Business Journal

The co-founder of Weintraub Tobin Chediak Coleman Grodin is re-branding himself as Joe The Mediator. Click above to view the full story.

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3 Cities. Over 70 Lawyers. Now 1 Great Law Firm: Weintraub Merges with LA Entertainment Law Firm

SACRAMENTO / SAN FRANCISCO / LOS ANGELES, July 6, 2012 – Weintraub Genshlea Chediak Tobin & Tobin Law Corporation and Weissmann Wolff Bergman Coleman Grodin LLP have jointly announced the merger of their respective business and entertainment law firms.

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It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin

Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &

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Weintraub’s L&E Law Blog is in the Top 25

By: Chuck Post labor-employment-law-topblog-220x180_jpg-550×0 Over the last year, Weintraub Genshlea Chediak has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients,

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Seven Weintraub Genshlea Chediak Attorneys Named in Best Lawyers of America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2011 “The Best Lawyers in America®” for Sacramento: Banking Law Joseph S. Genshlea Bet-the-Company Litigation Joseph S.

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Twelve Weintraub Genshlea Chediak Attorneys Honored as Northern California Super Lawyers and Rising Stars

SACRAMENTO, Calif., July 14, 2010 – Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its twelve attorneys who were named as 2010 Northern California SuperLawyers and Rising Stars: SuperLawyers: Gary L.

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Weintraub Genshlea Chediak Attorneys Win Again!

Download: Metropolitan News Company Press Release re Shames v. CTTC.pdf The Ninth U.S. Circuit Court of Appeals yesterday rejected claims that the California Travel and Tourism Commission violated federal antitrust law by agreeing with rental car companies to pass tourism assessments on to customers.

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Weintraub Genshlea Chediak Attorneys Win Again!

Download: Metropolitan News Company Press Release re Shames v. CTTC.pdf The Ninth U.S. Circuit Court of Appeals yesterday rejected claims that the California Travel and Tourism Commission violated federal antitrust law by agreeing with rental car companies to pass tourism assessments on to customers.

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Weintraub Genshlea Chediak Announces New Los Angeles Office

Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property,

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Shareholder Louis Gonzalez Quoted in Davis Enterprise re DACHA’s Ongoing Saga

In the latest chapter of the Davis Area Cooperative Housing saga, the limited-equity co-op has been jerked out of foreclosure proceedings and plunked into involuntary bankruptcy. … Louis Gonzalez, attorney for Twin Pines and Neighborhood Partners,

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Managing Shareholder Michael Kvarme Quoted in Comstock’s “Billable Solutions” Article

"Up until about six months ago, when push came to shove clients were unwilling to move away from the hourly billing model," says Michael Kvarme, managing partner at Sacramento-based Weintraub Genshlea Chediak.

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Joe Genshlea Named Sacramento Best Lawyers “Commercial Litigator of the Year” for 2010

Sacramento, Calif.–Weintraub Genshlea Chediak Law Corporation, a business law and business litigation firm, announces that Joseph S. Genshlea has been named Sacramento Commercial Litigator of the Year for 2010 by Best Lawyers of America.

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Fourteen Weintraub Genshlea Chediak Attorneys Honored As 2009 Nor Cal Super Lawyers and Rising Stars

Fourteen Weintraub Genshlea Chediak Attorneys Honored as 2009 Northern California Super Lawyers and Rising Stars SACRAMENTO, Calif., July 21, 2009 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its fourteen attorneys who were named as 2009 Northern California Super Lawyers and Rising Stars: Super Lawyers: Dale C.

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Six Weintraub Genshlea Chediak attorneys named in Best Lawyers in America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2009 “The Best Lawyers in America®” for Sacramento: Christopher Chediak – Corporate Law (also named Lawyer of the Year);

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Joe Genshlea to Perform One-Night/One-Man Show as Benefit for Sacramento Theatre Company

Download: Sacramento Theatre Company News Release (1059706).PDF Sacramento Theatre Company presents A Sense of Place: Reflections, Recollections and Ruminations on a Sacramento Life. This one-man/ one-night only performance on October 25th will feature Joe Genshlea,

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Six Weintraub Genshlea Chediak Attorneys Honored As 2008 Northern California Super Lawyers

Six Weintraub Genshlea Chediak Attorneys Honored as 2008 Northern California Super Lawyers SACRAMENTO, Calif., July 31, 2008 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its six shareholders who were named as 2008 Northern California Super Lawyers: Dale C.

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9th Circuit Agrees Litigant is Vexatious

Download: 9th Circuit Agrees Litigant is Vexatious (1031934).PDF 9th Circuit Agrees Litigant Is Vexatious The San Francisco Daily Journal April 8, 2008By John Roemer, Daily Journal Staff Writer Shareholder LizBeth West is quoted in this article about the 9th Circuit Court of Appeals affirmation of the Los Angeles District Court judge’s decision to declare Jarek Molski a vexatious litigant.

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Financial Elder Abuse: California Lawyers Follow the Money to Protect Seniors

Financial Elder Abuse: California Lawyers Follow the Money to Protect Seniors California Lawyer April 2008 Edited By Jeanette Borzo Shareholder Ed Corey is quoted in this article on the increase in elder financial abuse claims in California.

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Detecting Fraud With Financial Armor

Comstock’s Magazine Authors Don Lipper and Elizabeth Sagehorn New California laws widen the definition of who is required to report elder financial abuse. State Senate Bill 1018, which took effect on January 1,

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Four Weintraub Attorneys Honored as 2008 Best Lawyers in America

Four Weintraub Attorneys Honored As 2008 Best Lawyers in America SACRAMENTO, Calif., November 1, 2007 –Weintraub, a Sacramento-based business law and business litigation law firm is pleased to announce that four of its partners were recently selected by their peers for inclusion in the 2008 edition of The Best Lawyers in America (Copyright 2007 by Woodward/White,

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Seven Weintraub Genshlea Chediak Attorneys Honored as 2007 Northern California Super Lawyers

Seven Weintraub Genshlea Chediak Attorneys Honored as 2007 Northern California Super Lawyers SACRAMENTO, Calif., July 27, 2007 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its seven shareholders who were honored as Northern California Super Lawyers as published in San Francisco Magazine and Northern California Super Lawyers Magazine.

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Duo Works To Protect Elderly From Financial Scams

Duo Works To Protect Elderly From Financial Scams The Daily Journal July 02, 2007 By Gary Scott, Daily Journal Staff Writer Shareholders Ed Corey and Kelly Sutter comment on the protection of the elderly from financial scams as the population in California grows older and lives longer.

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Local Law Firms Struggle to Improve Associate Retention

As the Firm Churns – Law Firms Fight to Add Stability and Improve Associate Retention Sacramento Business Journal May 18, 2007By Kathy Robertson, Staff Writer Attorney Darrin Menezes was quoted in this Sacramento Business Journal article about working at three different Sacramento law firms.

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California Supreme Court Rules That There Is No Right to a Jury Trial for Claims Brought Under California’s Unfair Competition Law and False Advertising Law

As the State of California looks to plug a massive hole in its budget, the regulated community can expect agencies with the authority to generate revenue by imposing civil penalties to become even more active.

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Boxing Fans Knocked Out Twice: Ninth Circuit Affirms Dismissal of Class Action Alleging Fraud in Pacquiao-Mayweather Fight

In 2015, world-renowned boxers Manny Pacquiao and Floyd Mayweather, Jr. faced off in what was promoted as the “Fight of the Century.” After twelve largely uneventful rounds, the fighters and fans walked away without much fanfare—no knockout,

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I Think My Client Is About To Be Sued: How to Execute A Proper Litigation Hold

  The duty to preserve potentially relevant evidence is an affirmative obligation.  Yes! Attorneys and their clients must take action to ensure preservation of discoverable documents.  The duty to preserve evidence arises when a party knows,

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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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