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U.S. Supreme Court, Immigration, Constitutional Law

Sometimes, it’s good to be wrong: Gorsuch’s surprise vote

Apr. 23, 2018
By Jeffrey L. Bornstein, Andrew G. Spore

In September, we predicted a ruling upholding the Immigration and Nationality Act’s incorporation of the definition of “crime ...


Judges and Judiciary, California Supreme Court, Appellate Practice

The California Supreme Court: 2017 by the numbers

Apr. 23, 2018
By Kirk C. Jenkins

Let’s dive into the data from last year to see what lessons we can learn about the state high court.


U.S. Supreme Court, Civil Litigation, Appellate Practice

The record on appeal versus the internet age

Apr. 23, 2018
By Susan Yorke

A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor highlighted a tension between the ubiquity of ...


Government, Criminal, Constitutional Law

Did ruling sound the death knell for gang injunctions?

Apr. 23, 2018
By Daniel S. Roberts

Earlier this year, the federal court in Los Angeles entered an order which had the effect of blocking the city from enforcing ...


Law Practice, Ethics/Professional Responsibility

If fighting for your fees is going to trigger a lawsuit you might lose, it's best to settle than fight for a full recovery.


Tax, Government

Although a busy time for individual tax filers, it's been a relatively quiet month in the exempt organizations legal space, th...


Mergers & Acquisitions, Law Practice, Ethics/Professional Responsibility

Consider how to address pre-merger communications

Apr. 20, 2018
By Shari L. Klevens, Alanna G. Clair

Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.


Probate, Law Practice

Preparing a proper certificate of independent review

MCLE
Apr. 20, 2018
By Arthur J. Harris, Kavin Williams

When confronted by an elderly transferor, every competent estate attorney must reflexively obtain a California certificate of ...


Civil Litigation, California Supreme Court, Appellate Practice

There are good reasons for the California Legislature to revisit the "party aggrieved" standard when it comes to class action ...


Civil Litigation, Law Practice

Laws like this will give defendants in funded cases an advantage over plaintiffs by revealing at the outset of the case when t...


Law Practice

Making law without lawyers: How the 49ers paved the way

Apr. 19, 2018
By Gillian K. Hadfield

When the world changes as dramatically as it has over the past few decades, not only the rules need to change: the way we inve...


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

The Supreme Court has not approved of any such standard. Even in the 9th Circuit, the award must be "completely irrational."


Civil Litigation, Administrative/Regulatory

Ruling in Proposition 65 coffee case not entirely unpredictable

Apr. 19, 2018
By Anthony J. Cortez, Willis M. Wagner

Currently, no agency has classified acrylamide as a “known” carcinogen. Yet, according to this new ruling, coffee sold in Cali...


The plain fact is that high-net-worth individuals need to protect their financial interests before marriage.


Civil Litigation, Intellectual Property

Is the PTAB pendulum poised to swing back?

Apr. 18, 2018
By Brenton R. Babcock

In the years since the America Invents Act took effect in 2012, what have we learned, and where are we likely heading?


Civil Litigation, Intellectual Property

Has Alice gone down the rabbit hole?

Apr. 18, 2018
By Evan S. Day, Joseph P. Reid

A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-...


Civil Litigation, Intellectual Property

You won’t believe your eyes

Apr. 18, 2018
By Melanie J. Howard

We have entered a time when documented photographic or video evidence is not unassailable proof; it is not uniformly authentic...


U.S. Supreme Court, Intellectual Property, Civil Litigation

The brave new world of patent law

MCLE
Apr. 18, 2018
By Andrea Jill Weiss Jeffries, Steven J. Corr

The frequency with which the U.S. Supreme Court has, in recent years, been changing patent law is dizzying, and the court ofte...


Civil Litigation, Intellectual Property

Following the Trademark Trial and Appeal Board's denial of an application to register a single-color trade dress for yellow Ch...


Civil Litigation, Intellectual Property

Defend Trade Secrets Act, 2 years later

Apr. 18, 2018
By Tom Wallerstein

The ground-breaking Defend Trade Secrets Act became law in May 2016. As we approach the two-year anniversary we consider four ...


Civil Litigation, Intellectual Property

Cryptocurrencies and allowable subject matter

Apr. 18, 2018
By Darin W. Snyder, Anthony G. Beasley

The rapid staking of cryptocurrency patent territory has challenged the notion of what is allowable subject matter and what is...


Civil Litigation, Intellectual Property

Blockchain, patents and open source software

Apr. 18, 2018
By Tom D. Franklin, Brian D. Olion

Some people think open source and patents go together like oil and water. When it comes to blockchain technology, it's more li...


Civil Litigation, Intellectual Property

Think twice before omitting an AI entity as an inventor

Apr. 18, 2018
By Raphael (Ray) Freiwirth, Vicki Norton

The advent of artificially intelligent entities capable of making new discoveries raises intriguing ethical issues surroundin...


Civil Litigation, Intellectual Property

Did you mark? I didn’t notice! The marking statute and licensed patents

Apr. 18, 2018
By Joshua M. Masur, Joshua L. Rayes

Until a recent Federal Circuit ruling, the practical application of these duties and burdens in litigation was hotly disputed,...


Intellectual Property, Government, Entertainment & Sports

The Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants.


Civil Litigation, Intellectual Property

Patent Office can intervene to defend its rulings

Apr. 18, 2018
By Eliot D. Williams

A recent split panel of the Federal Circuit upheld the right of the U.S. Patent and Trademark Office to participate in an appe...


Civil Litigation, Intellectual Property

Making sense of patent damages after Exmark

Apr. 18, 2018
By Alyssa M. Caridis, Mark Wine

At first glance, the January decision appears to turn a decade of patent damages jurisprudence on its head.


Intellectual Property, Civil Rights

A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.


Civil Litigation, Intellectual Property, Constitutional Law

Amazon patents blur human-robot line

Apr. 18, 2018
By Dariush Adli

The online retail giant's success in obtaining two patents has raised fundamental legal and even constitutional questions abou...


Civil Litigation, Intellectual Property

The rise of craft brew trademark wars

Apr. 18, 2018
By Oliver S. Bajracharya

6,000 breweries means 6,000 brewery names, only some of which are registered as a trademark with the U.S. Patent and Trademark...