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Civil Litigation, Intellectual Property, Corporate

Trademark infringement damages keep going, and going

Jun. 12, 2017
By Richard L. Kirkpatrick

The law allows for substantial monetary awards, which can rapidly snowball beyond any true damage done to plaintiffs.


Civil Litigation, Intellectual Property

Questions remain 1 year into the DTSA

Jun. 12, 2017
By Kurt A. Kappes, Karen Rosenthal

In the year since its enactment, approximately 70 cases asserting Defend Trade Secrets Act claims have been filed in Californi...


U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory

Supreme Court says SEC disgorgement is subject to 5-year limitations period

Jun. 12, 2017
By Thomas A. Zaccaro, Nicolas Morgan

Last week, the Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period...


Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations

Our bar exam pass point is simply arbitrary

Jun. 12, 2017
By Robert C. Fellmeth

Two law professors have claimed that those who score low on the California bar exam suffer a higher incidence of bar disciplin...


Government, Criminal

DAs: Listen to voters, not Sessions

Jun. 12, 2017
By Ana Zamora

The attorney general's recent memo on sentencing reform is a destructive step into the dark ages on the part of the federal go...


Tax, Government

IRS insights and a warning from the state AG

Jun. 12, 2017
By Erin Bradrick

In May, the IRS showed continues suspicion about open source software distribution as a charitable endeavor, California AG Xav...


Ethics/Professional Responsibility

Advertising (Rule 7.2)

Jun. 10, 2017
By Laura C. Riparbelli

If adopted, the rule would broaden the definition of advertising in order to more broadly encompass new and emerging attorney ...


Ethics/Professional Responsibility

Order, Chaos, Muppets

Jun. 10, 2017
By Louie H. Castoria

If one looks around the cast of characters in a law firm, or any organization, the parallels to Muppets can be surprisingly ea...


Civil Litigation, Intellectual Property, Corporate

Judge Lucy Koh has an opportunity to craft a standard that works for all patent holders. ...


Civil Litigation, Law Practice, Criminal

Rarely litigated drug law at play in Carrey suit

Jun. 10, 2017
By Richard T. Collins

Actor and comedian Jim Carrey is facing wrongful death lawsuits regarding his deceased girlfriend. The cases will require the ...


Government

More theatrical: politics or theater?

Jun. 10, 2017
By James Attridge

Though our political culture tends to scorn real culture and candidates like to talk about their all-around regular Joe-dom, a...


Law Practice

A marvelous, artless new courthouse

Jun. 10, 2017
By Dan Lawton

San Diego's brand new state courthouse cost $555 million to build. It juts 22 stories and 396 feet above Columbia Street downt...


Law Practice

Are you on track for your annual goals?

Jun. 9, 2017
By J. Randolph Evans, Shari L. Klevens

As the second quarter of 2017 comes to a close, now is a good time to reflect on whether you are taking the necessary steps to...


Ethics/Professional Responsibility

Besides governing the monetary aspects of a case, retainer agreements are one tool to educate clients about settlements, expen...


Constitutional Law, California Supreme Court

Batson is back

MCLE
Jun. 9, 2017
By Laura Kelly, Mai Linh Spencer

For only the second time in over 25 years, the California Supreme Court has found that a peremptory challenge violated the con...


Law Practice

When law enforcement and community meet

Jun. 9, 2017
By Angela M. Powell

We often talk about the divide between law enforcement and the African-American community, but what about when the two meet?


U.S. Supreme Court, Immigration, Constitutional Law

Judicial review double standard

Jun. 9, 2017
By John C. Eastman

The 4th Circuit's order upholding Trump's travel ban injunction amounts to a coup d'etat.


Securities, Banking, Administrative/Regulatory

Fiduciary rule for retirement investors set to take effect

Jun. 9, 2017
By Doreen E. Lilienfeld, Matthew H. Behrens

Beginning June 9, brokerage houses and other retail market financial firms must adhere to "impartial conduct standards" when d...


U.S. Supreme Court, Labor/Employment

The issue before the Supreme Court was a seemingly simple one: whether a church must have established a pension plan in order ...


Appellate Practice

The U.S. Supreme Court has turned back a state court's aggressive effort to decide out-of-state disputes despite the limits on...


Government

Addressing veterans' homelessness in LA

Jun. 9, 2017
By Laura Riley

Two days after Memorial Day we found out that Los Angeles County is now home to 4,828 homeless veterans. ...


Intellectual Property, Entertainment & Sports

Courts appear happy together on sound recordings

Jun. 8, 2017
By Delia Ramirez

High courts in California, New York and Florida are all considering the performance rights that exist for pre-1972 recordings....


Law Practice

How do I find clients?

Jun. 8, 2017
By Hamid Yazdan Panah

It requires patience, trust and hard work. Results might not be seen for months or even years, but if you trust the process, t...


There is a scarcity of interesting published authority concerning the Enforcement of Judgments Law. And a recent decision is r...


Government, Environmental & Energy, Administrative/Regulatory

Senate Bill 775 would significantly revamp change the way carbon credits and offsets are addressed in California's groundbrea...


Government, Environmental & Energy, Administrative/Regulatory

We'll always have Paris... until 2020

Jun. 8, 2017
By Daniel A. Farber

The fundamental flaw in Trump's argument about the benefits of leaving the Paris Agreement is his misunderstanding of how the ...


Criminal, Civil Rights

Back to the future with Jeff Sessions

Jun. 8, 2017
By Marc Mauer, Kara Gotsch

Sessions' effort to revive decades-old thinking about crime and punishment will inevitably contribute to a rise in the federal...


State Bar & Bar Associations

When bar exam scores go low, discipline rates go high

Jun. 8, 2017
By Robert Anderson IV, Derek T. Muller

Understandably, our recent study has been controversial. Much surrounds things the study does not purport to say, and we hope ...


Government, Administrative/Regulatory

After many years of being derided as the Wild West of medical cannabis California has finally begun crafting regulations that ...


Immigration, Government

The 3rd Circuit should err on the side of protecting asylum seekers in a case which will clarify the reaches of the expedited ...