Article
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…
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…
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…
Your Start-Up Will Stall If It Doesn’t Own Its IP
As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”). Sure, good management is very important, but executives and other managers can (and do) come and go. A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or tra nsferred). Among…
The Dueling Banjos: Two Recent Supreme Court Solos Echo Through California Employment Law
The courts in the United States often zig and zag in different ways, as some judges lean one way or another. The result is like dueling banjos, with melodies resonating for years as employment lawyers in Los Angeles pick up their own instruments to mimic the rhythm to their own case. Two employment law “solos”…
Amazon Wristband Patents Blur Human-Robot Line, Daily Journal (April 18, 2018)
In an article for the Daily Journal, Dr. Dariush Adli discusses Amazon’s three patents relating to the control of human wrist movements. The patents are directed to controlling the movement of workers by making it faster and easier for workers in the fulfillment centers to accurately locate the bins in which ordered items are stored…
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