Posts by madwire

Cannabis Coins: The Future of Cryptocurrency in a Red-Hot Field

The advent of cryptocurrency has given rise to the idea that we may one day have one universal currency. However wrong or right that may be, what is also clear is that the different types of alt-coins that exist today number in the thousands. Cryptocurrency has thus created a dichotomy of opinion when it comes…

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GrayKey and Privacy

One of the newer third-party devices for iPhones may be on its way to a quick irrelevancy. Local law enforcement and other agencies across the country have been inquiring into potentially using a device called GrayKey. GrayKey is a small, cheap device that promises to completely unlock up-to-date iPhones. The latest reports reveal the technology…

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Who's An Employee? The Impact of Dynamex

The big debate among citizens and employment lawyers in Los Angeles over conditions and circumstances under which workers can properly be classified as independent contractors received a jolt in April, when the California Supreme Court decided the Dynamex case and in the process adopted a standard which makes it much more difficult to classify workers…

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Legal Cannabis Should Benefit Our Environment

Not a day goes by without the news and Los Angeles cannabis lawyers buzzing about all of the fortunes to be made in the newly legitimized cannabis industries. Canadian giants entering into multi-billion dollar mergers, with the same thing beginning to evolve here in California. While few, if any, would argue that more industry, more…

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Should Musical Works be Entitled to 'Broad' or 'Thin' Copyright Protection?

A hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision in Williams v. Gaye, No. 15-56880, concerned whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection. The Ninth Circuit…

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Anti-SLAPP: When State and Federal Rules Collide

The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the…

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When Court Powers Supersede the Will of the Parties

On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on…

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Subsidized Free Speech

A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to…

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Bird Law and the Fourth Amendment

Fictional character Charlie Kelly once said “bird law in this country – it’s not governed by reason.” In an opinion filed May 1, 2018, the Ninth Circuit disagrees, holding that the Fourth Amendment may protect an individual from having his apparently healthy birds seized by the city without a warrant. In Martino Recchia v City…

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